New Whiteland City Zoning Code
SPECIAL REGULATIONS
§ 156.250 ACCESSORY USES, BUILDINGS AND STRUCTURES.
(A) General. This section includes those accessory uses, buildings and structures customarily incidental and subordinate to the principal use or building and located on the same lot, it does not include fences, walls and hedges which are covered in § 156.254 of this chapter.
(2004 Code, § 7-200)
(1) Accessory garages; carports; portable carports; canopies; awnings; greenhouses; sheds, storage and accessory buildings; patios; outdoor fireplaces; children’s playhouses; swings and swing sets; basketball goals; and other play structures and equipment; and other similar uses;
(4) Private swimming pools, as regulated in § 156.258 of this chapter; and
(5) Amateur radio sending and receiving antenna; provided, the height thereof (including masts) shall not exceed 75 feet measured from finished lot grade.
(2004 Code, § 7-201)
(C) Permitted accessory uses; all non-residential districts. Permitted accessory uses, buildings and structures for all non-residential districts shall be subordinate, appropriate and incidental to the permitted principal uses as set out in the official Schedule of Uses for the district in which they are located.
(2004 Code, § 7-202)
(D) Accessory use requirements. Accessory uses in all zoning districts, unless otherwise specified in this chapter, shall comply with the following requirements:
(1) Shall be customarily incidental accessory and subordinate to, and commonly associated with, the operation of the principal use of the lot;
(2) Shall be operated and maintained under the same ownership and on the same lot as the principal use;
(3) Shall be subordinate in area, extent and purpose to the principal use of building served;
(4) Unless otherwise specified in this chapter, accessory buildings:
(a) Shall not be located closer to any front or side lot line than the required minimum front and side yard setback distances of the district, except as provided in § 156.173 of this chapter; and
(b) In all residential districts, shall not be located closer to any rear lot line than five feet, but in no case shall it encroach upon any easement. Sheds constructed on skids and not anchored to the ground may be located upon an easement.
(5) Shall not be permitted prior to the erection of the principal building;
(6) The entire floor area of carports, portable carports, storage rooms, sheds, patios and porches shall be of concrete or other permanent hard surface material. However, this requirement shall not apply to portable carports located, or to be located, on the premises for less than 72 hours during any 30-day period; and
(7) (a) Portable carports shall be assembled to comply with the manufacturer’s instructions and anchored to the ground in compliance with one of the following methods. (However, this requirement shall not apply to portable carports located, or to be located, on the premises for less than 72 hours during any 30-day period.)
1. One continuous eight-inch wide by 36-inch deep concrete stem wall on each longitudinal side of the carport with threaded anchor bolts embedded to match the carport manufacturer’s recommended anchorage spacing.
2. A four-inch thick concrete slab that extends beyond the perimeter of the carport in each direction with threaded anchor bolts embedded in the slab, deepened to eight inches at each anchorage location, to match the carport manufacturer’s recommended spacing.
3. Each of the support legs of the frame be embedded in at least 40 pounds of concrete. This can be achieved by placing each leg in a standard five-gallon bucket filled with concrete or by adding one 40-pound bag of sack concrete mix per bucket. The foot of each metal support shall have four #10 self-tapping sheet metal screws with at least one inch of length and head protruding for embedment, or comparable physical method of holding the leg in the concrete.
4. Bolting the support legs or adjacent cross support, to an existing concrete slab. The method of attaching the upright frame to the slab must be shown in the application for building permit.
5. Install concrete footings under each leg and bolt the legs, or adjacent cross support, to the new footings. The new footings are to be approximately one foot by one foot by one foot deep. The method of attaching the upright frame to the footing must be shown in the application for building permit.
6. An alternate anchoring design that provides a permanently paved hard surface floor and anchors the portable carport to the ground and that is approved by the Zoning Administrator. If an alternative method is proposed, complete installation details must be provided for review.
(b) The plans and details submitted must clearly indicate the method of anchoring and the flooring to be used. If new concrete footings or slabs are to be installed, they must be inspected when formed and prior to pouring of concrete. In all cases, a final inspection must be requested by the applicant.
(2004 Code, § 7-203)
§ 156.251 APPURTENANCES.
The following regulations shall govern appurtenant features in all districts.
(A) Such appurtenant features as walks, driveways, curbs, drainage installations, mailboxes, lamp posts, bird baths and structures of like nature shall be permitted on any lot.
(B) The growing of vegetables, grasses, fruits, flowers, shrubs, vines and trees, provided such operations are not for profit, shall be permitted on any lot.
(C) Fences and walls shall be permitted; provided, they do not impede the view of street and/or railroad intersections.
(2004 Code, § 7-300)
§ 156.252 ANIMALS.
No animals other than common household pets shall be permitted in any residential district. Examples of common household pets include, but are not limited to, dogs, cats, hamsters and parakeets. Rabbits, chickens, ducks, snakes and other such animals are not considered household pets.
(2004 Code, § 7-400)
§ 156.253 CORNER VISIBILITY.
On a corner lot, nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of two and one-half and six feet above the centerline grades of the intersecting streets in an area bounded by the street lines of such corner lots and a line joining points along said street lines 25 feet from the point of the intersection.
(2004 Code, § 7-500)
§ 156.254 FENCES, WALLS AND HEDGES.
(A) General. Nothing herein shall be construed so as to permit construction within a public or private easement in which it is prohibited.
(2004 Code, § 7-600)
(B) Residential fences, walls and fences. All fences and said walls shall be of sound construction and shall not detract from the surrounding area and shall be governed by the following standards.
(1) No barbed wire, spire tips, sharp objects or electrically charged fences shall be erected in any residential area.
(2) When used to enclose a patio, swimming pool, garden supply or tool compound, or similar living, recreational or storage areas, the facility and the fences, walls and hedges surrounding it shall be considered an accessory structure.
(b) In the rear and side yards, not along a flanking street, fences, walls or hedges shall not exceed 72 inches.
(4) (a) Fences, walls or hedges may be erected, placed or maintained on lot lines; provided that, placement of a fence, wall or hedge shall not interfere with provisions contained in granted easements for the lot on which they are to be located.
(b) Fences, walls and hedges shall not shield the driveway entrances in such a way as to obstruct the view of a driver entering a public road from the driveway.
(2004 Code, § 7-601)
(C) Non-residential fences, walls and hedges. All fences and walls shall be of sound construction and shall not detract from the surrounding area. All non-residential uses shall comply with the requirements for fences, walls and hedges as set out in the district regulations in which the non-residential use is located.
(2004 Code, § 7-602)
§ 156.255 HOME OCCUPATIONS.
(A) General. This section includes rules and regulations for occupations or activities which may be maintained or conducted within a dwelling. These uses shall exist only if the following general provisions are fulfilled.
(1) Any use of a residence for a home occupation shall be clearly incidental and subordinate to its use for residential purpose by its occupants. It shall not change the character or adversely affect the uses permitted in the residential district of which it is a part.
(2) Such use shall be conducted entirely within the dwelling unit.
(3) Such occupation shall be conducted solely by resident occupants, non-resident employees are expressly prohibited.
(4) No more than one room or 25% of the gross floor area of the dwelling, whichever is less, shall be used for such purposes. Use of accessory buildings or detached garages for these purposes is prohibited.
(5) No use shall require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure or the fire district in which the structure is located.
(6) There shall be no outside storage of any kind related to the home occupation. Generally speaking, with a nameplate as permitted herein excluded, a home occupation shall be “invisible” from outside the dwelling.
(7) Only one nameplate shall be allowed. It may display the name of the occupant and/or the name of the home occupation. It shall not exceed one square foot in area, shall not be illuminated and shall be attached flat to the main structure or visible through the window. The limitation to one nameplate is extended to apply to all lots, including corner lots.
(8) The home occupation may increase vehicular traffic flow and parking by no more than one vehicle at a time. Off-street parking shall be provided without encroaching upon required front-yard open space or setback requirements.
(9) No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.
(10) The home occupation shall not involve the use of advertising signs or any other local advertising media which calls attention to the fact that the dwelling is used for business purposes, telephone number excluded;
(2004 Code, § 7-700)
(B) Professional offices; special restrictions. A physician, dentist, lawyer, clergyman, engineer, insurance agent, real estate agent, consultant or other professional person may use his or her residence for office work, consultation, emergency treatment or performance of religious rites, but not for the general practice of his or her profession and not for the installation or use of any mechanical or electrical equipment customarily incidental to the practice of any such profession.
(2004 Code, § 7-701)
(C) Variance procedure available. Non-residential uses which are either expressly prohibited as home occupations or which do not conform to all of the conditions and restrictions of this section, may be conducted in a residential dwelling only upon submission of a variance petition to the town’s Board of Zoning Appeals and receiving a favorable decision from said Board. The procedures and requirements for submitting a variance petition to the Board of Zoning Appeals are found in § 156.100 of this chapter.
(2004 Code, § 7-702)
§ 156.256 HOUSES OF WORSHIP.
Property development regulations for houses of worship shall be as follows.
(A) Minimum lot area for a house of worship shall be not less than 30,000 square feet.
(B) Houses of worship and main and accessory buildings, other than dwellings and accessory buildings to dwellings, shall be set back from all exterior and interior sidelines a distance of not less than 25 feet.
(C) Houses of worship may exceed the height limitation of the district if the minimum depth of rear yards and the minimum width of the side yards required in district are increased one foot for each two feet by which the house of worship exceeds the prescribed height limitations.
(E) All other property development regulations within the districts in which the house of worship is located shall apply and be the minimum required. If a house of worship is to be located in a non-residential district, property development regulations of the most restrictive district (RS) shall be the minimum unless otherwise specified in divisions (A), (B) and (C) above.
(2004 Code, § 7-800)
§ 156.257 PARKS, PLAYGROUNDS AND RECREATION AREAS.
(A) These uses are permitted in a district so long as the plans for their development and use are approved by the Plan Commission. See individual district’s for recreational space requirements.
(B) (1) Illuminated areas shall be approved prior to development. Lights shall be placed in such a way that they do not infringe upon the rights of adjacent property owners.
(2) In no case shall lights be placed closer than 50 feet from adjacent property lines.
(C) At the option of the Zoning Administrator or the Plan Commission, buffers may be required to shield adjacent residences from noise or activities. Buffers may be in the form of a tall solid fence or hedge.
(2004 Code, § 7-1200)
§ 156.258 PRIVATE SWIMMING POOLS.
(A) General.
(1) The requirements of this section shall apply to all pools which are accessory uses to single- and multiple-family dwellings.
(2) No pool shall be erected or constructed until an improvement location permit has been obtained.
(2004 Code, § 7-1300)
(B) Location.
(1) Unenclosed pools or pools enclosed only with open mesh screen shall meet the setback requirements for accessory uses. They shall be located:
(a) A minimum of ten feet from any principal or other accessory building;
(b) A minimum of 30 feet from any street right-of-way; and
(c) No closer to a street right-of-way than the principal building.
(2) Any pool which is covered by a roof shall be subject to the same setback regulations as the principal use.
(2004 Code, § 7-1301)
(C) Fencing; in-ground swimming pools.
(1) The pool area shall be enclosed by a substantial protective barrier, which shall be adequate to prevent persons, children or animals from danger or harm, and shall be equipped with a self-closing, self-latching gate. Such protective barrier shall be chainlink or ornamental fence, solid fence or wall, and shall be not less than five feet in height.
(2) A buffer screen shall be provided and maintained between the pool and lot lines.
(2004 Code, § 7-1302)
(D) Fencing; above-ground swimming pools. Every above-ground swimming pool shall meet the fencing requirements for in-ground pools or shall be constructed to limit access to a gate.
(2004 Code, § 7-1303)
§ 156.259 STORAGE OF LIQUID; PETROLEUM GASES.
The use of land or buildings for the commercial, wholesale or retail storage of liquified petroleum gases shall be in accordance with the regulations of the Liquefied Petroleum Gas Administration of the state.
(2004 Code, § 7-1800)
§ 156.260 ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT.
In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot; provided that, yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot.
(2004 Code, § 7-1900)
§ 156.261 STRUCTURE TO HAVE ACCESS.
Every building hereafter erected or moved shall be on a lot adjacent to either a public or private street, or with legal access to either a private or public street, and all structures shall be located on lots so as to provide safe and convenient access for servicing, fire protection and required off-street parking.
(2004 Code, § 7-2000)