The regulations within each district shall be minimum regulations and shall apply uniformly, except as hereinafter provided.

Residential care homes shall be a permitted use in all residential districts, as permitted by law, and provided that such uses shall be registered with the Department of Planning and Development. Such registration shall include the following:

• Name, address, and phone number of owner.
• Name, address, and phone number of operator.
• Names, addresses, and phone numbers of individuals who may be contacted in an emergency (24 hours).
• Address and phone number of the home itself.
• Number of residents.
• Disability of the residents.
• Any special information concerning special needs or limitations in case of an emergency (e.g impaired mobility, impaired hearing or vision)
• Evidence that all required licenses, certifications, permits, and approvals are up to date and maintained.

Effective on: 9/24/2013

Manufactured homes as scattered-site residences shall be a permitted use in all residential districts, subject to the requirements for all residential uses in the districts and provided manufactured homes shall meet the following requirements and limitations:

1. The home shall meet all requirements applicable to single family dwellings and possess all necessary improvement location, building and occupancy permits and other certification required by this Unified Development Ordinance.
2. The home shall be of double section construction and meet the minimum square footage requirements for the appropriate zone.
3. The home shall be oriented such that its longest side is the side that faces the street frontage.
4. The home shall be attached and anchored to a permanent foundation in conformance with the regulations in the Indiana One- and Two-Family Dwelling Ordinance and with the manufacturer’s installation specifications.
5. The home shall be covered with an exterior material customarily used on site built residential dwellings, and such material shall extend over the top of the foundation or meet the community’s site-built residential dwelling home standards.
6. The home shall have a roof composed of a material customarily used on site-built residential dwellings, such as asbestos, fiberglass, shake, asphalt, or tile, which shall be installed onto a surface appropriately pitched for the materials used.

Effective on: 9/24/2013

Bed and Breakfast Establishments shall be a conditional accessory use in all residential districts, the Downtown (DT) District and the General Business (GB) District. Bed and Breakfast Establishments, where permitted, shall only be located within and accessory to an owner-occupied single-family home. Bed and Breakfast Establishments shall be bound by the standards below as well as the applicable requirements of the zoning district in which they are located.

1. No building, structure, or land shall be used or occupied and no building, structure, or part thereof shall be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.
2. No structure shall be erected or altered to provide for greater height or bulk; to accommodate or house a greater number of families; to occupy a greater percentage of lot area; to have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required, or in any other manner contrary to the provisions of this ordinance.
3. No yard or lot existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements set forth herein. No part of a yard or other open space or off-street parking or loading space required in connection with any building for the purpose of complying with this ordinance shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

Effective on: 9/24/2013

{No division of property shall be approved unless the lot(s) being created have frontage on and access to an existing street or a street shwon upon a plat approved by the Plan Commission and recorded in the Hamilton County Recorder's Office. Such street shall be suitably improved to provide for safe and convenient access, fire protection, and required off-street parking or be secured by a performance bond required under the regulations of Article 5. Subdivisions.} ORD. #37-10-20

Effective on: 10/27/2020

Every building hereafter erected shall be located on a lot unless otherwise specified for planned developments. In no case shall there be more than one principal building used for residential purposes, and its Accessory Buildings, located on one lot, except as otherwise provided in this Ordinance for a Mobile Home Park or Planned Development. If two or more principal non-residential buildings are located on a lot, the space between such buildings shall be as established by the yard setback requirements of the district in which the use is located.

Effective on: 9/24/2013

No structure shall be erected, placed, or moved to within any setback area except certain accessory structures as provided in Article 9, Part B, Section 2 (A), below. {Required front setback shall be measured from the street right-of-way as recommended in the Thoroughfare Plan of jurisdiction.} ORD. #57-11-96

Effective on: 9/24/2013

No person, firm, or corporation, without an improvement location permit, shall strip, excavate, or otherwise remove topsoil for sale, other than on the premises from which the same shall be taken except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto. (Exception, I-3 District.)

Effective on: 9/24/2013

1. Agriculture shall be a permitted use in all districts provided that:
   1. The agricultural use does not include the operation or maintenance of a commercial stockyard or confined feeding operation (feedlot).
   2. The use shall not include the feeding, keeping, or sheltering of animals or poultry in penned enclosures within seventy-five (75) feet of any residential district, except where animals are kept in soundproof, air conditioned buildings, in which case the required setback shall be twenty-five (25) feet {or the setback required by Article 9.B.2.C, whichever is greater.} ORD #37-10-20
   3. The Board of Zoning Appeals shall have the ability to grant a restricted commercial or retail operation as a component of the overall agricultural operation in any district as a Conditional Use. These operations shall not be construed to be permitted as an accessory use in any residential district.
2. Farms Outside Corporate Limits
   Barns, outbuildings, or other buildings, or structures which are adapted for agricultural purposes shall not be affected by the setback and size regulations of this Ordinance {if} they are located beyond the corporate limits of the City of Noblesville except in those situations stated in this Section {6.A.2 above.} These structures shall also be exempt from the building permit requirements with the completion of an Application for Agricultural Exemption so long as they are designed to house farm machinery, animals, {farm} supplies, or products that are harvested from or utilized on a parcel of land.} {Commercial of industrial enterprises that store for sale items listed in the previous sentence are not eligible to file an Application for Agricultural Exemption.} ORD #64-11-08, ORD #37-10-20

Effective on: 10/27/2020

Nothing herein shall prevent, outside of urban areas, the complete use and alienation of any mineral resources or forests by the owner or a lienee thereof, pursuant to I.C. 36-7-4-1103. For the purpose of this paragraph, urban area shall include any land or lots used for residential purposes where there are eight (8) or more residences within one-quarter (1/4) mile square area, such other land or lots as have been or are planned for residential areas contiguous to incorporated cities or towns, or other land already incorporated into cities and towns; provided, however, that within these areas, mineral extraction may be permitted in an appropriate location. {Uses that qualify for this exemption that are located within the Flood Hazard zoning district must still obtain an Improvement Location Permit and provide general work plans identifying extraction areas, areas where spoils will be discarded, and other land disturbance activities. These uses are still subject to all applicable regulations of the Flood Hazard District.} ORD #37-10-20

Effective on: 10/27/2020

{A triangular space at the street corner of a Corner Lot, free from any kind of obstruction to vision including buildings, structures, fences, signs, trees, and shrubs between the heights of two and one-half (2.5) feet and ten feet above the established street grade.  Street grade is measured at the intersection of the centerlines of the intersecting street pavements and the triangular space is determined by a diagonal line connecting two points measured fifteen (15) feet equidistant from the lot corner along each property line at the intersections of two (2) local streets or one local street and one alley; or twenty-five (25) feet along each property line at the intersection of a local street and a collector, arterial, or expressway or any combinations thereof.  An alley for measuring purposes only, shall be determined as per the local street distances.  For areas located within the Special Landscape District Map - Appendix G, this particular requirement may be modified and shall be approved by the Noblesville City Engineer on a case-by-case basis.} ORD #46-07-16

Effective on: 9/3/2016

Height requirements may be preempted by restrictions imposed by the Tall Structures Act or Other Airport Height Control Restrictions, as applicable. Mobile equipment may be any height.

Effective on: 9/24/2013

See list of other allowable encroachments for accessory structures contained in the Accessory Uses and Structures regulations of this Article.  

1. SR District:
   No structure or part thereof shall project into a required rear or side yard except:
   1. Un-enclosed, uncovered steps, entrance platforms, terraces, or landings not over eighteen (18) inches above grade level;
   2. The ordinary projection of belt courses, sills, lintels, chimneys, and other similar ornamental and architectural features not exceeding eighteen (18) inches {or twenty (20) percent of the required setback; whichever is less.} ORD #46-07-16
   3. An eave, cornice overhang, awning, balcony, or bay window not exceeding twenty percent (20%) of the required setback.
2. All Other Districts:
   No structure or part thereof shall project into a required rear or side yard except:
   1. Un-enclosed, uncovered steps, entrance platforms, terraces, or landings not over eighteen (18) inches above grade level;
   2. The ordinary projection of belt courses, sills, lintels, chimneys, and other similar ornamental and architectural features not exceeding eighteen (18) inches or eighty percent (80%) of the required setback, whichever is less.
   3. An eave, cornice overhang, awning, balcony, or bay window not exceeding four (4) feet or eighty percent (80%) of the required setback, whichever is less.                                                                                                                                                                                                                                                                                                                                      

Effective on: 10/27/2020

The regulations of this Part B apply to accessory uses and structures such as garages, carports, canopies, porte-cocheres, patios, outdoor fireplaces, bath houses, cabanas, doghouses, children’s play equipment, greenhouses, television satellite dishes, solar panels, fences, and similar accessory buildings or structures. Accessory Uses and Structures shall be a permitted use in all zoning districts except as otherwise restricted in this ordinance.

Effective on: 9/24/2013

Accessory uses and structures may be permitted in all zone districts in accordance with the provisions of this Section. Accessory uses and structures:

1. shall be incidental 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. {Where permitted detached accessory {structure's} size, height, and setback are based on the following standards: ORD #53-10-15
   1. In the case where the property is one (1) acre or less in size:
      1. The {combined square footage of all accessory {structures}  shall be limited to fifty percent (50%) of the square footage of the principal building or one thousand (1,000) square feet, whichever is less. ORD. #86-11-03, ORD #53-10-15
      2. The height of the structure shall be limited to fourteen (14) feet, but no such structure shall be taller than the principle building.
      3. The minimum setbacks required shall be those required by the underlying zoning classification.
   2. In the case where the property is larger than one (1) acre but less than five (5) acres in size, and where an individual seeks to exceed the bulk requirements of Subsection 1 above, a structure may be permitted subject to the following requirements:
      1. The {combined square footage of all accessory structures} ORD. #86-11-03 {shall be limited to the square footage of the principal building or {two thousand (2,000)} square feet, whichever is less.} ORD. #10-03-13, ORD #53-10-15
      2. The height of the structure shall be limited to seventeen (17) feet.
      3. The minimum setbacks required shall be those of the underlying zoning classification except for the sideyards and rearyards, which shall be required to maintain a twenty (20) foot minimum setback. ORD. #10-03-13
   3. In the case where a property is equal to or larger than five (5) acres, and where an individual seeks to exceed the bulk requirements of Subsections 1 or 2 above, a structure may be permitted subject to the following requirements:
      1. {The combined square footage of all accessory structures shall not exceed the square footage of the primary structure or {four thousand (4,000)} square feet whichever is less.} ORD. #86-11-03. ORD. #10-03-13
      2. The height of the structure shall be limited to twenty (20) feet.
      3. The minimum setbacks required shall be those of the underlying zoning classification except for the sideyards and rearyards which shall be required to maintain a forty (40) foot minimum setback. ORD. #44-8-98, ORD. #10-03-13
4. shall not be located closer to any lot line than the minimum setback line required, unless specified otherwise in this Ordinance.
5. shall not be permitted prior to the erection and operation of the principal use, unless a Temporary Improvement Location Permit is obtained subject to Article 4, Part C, and Section 2.
6. shall require a building permit, except as otherwise provided in Section 3 below.
7. shall {include architectural features and elements such as rooflines, color, porches, doors and openings, and compatible materials to be architecturally harmonious} with, the principal building(s) with which it is associated. ORD #37-10-20
8. shall be used for the storage of personal materials only and shall not be used for any commercial or separate residential purpose.} ORD.#44-8-98

Effective on: 10/27/2020

{Such uses shall be subject to all other applicable regulations in this Article. 

1. Accessory Structures Exempt from Building Permit 
   1. Lamp posts 
   2. Decks less than 30 inches from grade 
   3. Accessory structures 200 square feet or less in size 
2. Accessory Structures Exempt from Setback Requirements 
   1. Fences 
   2. Drainage Installations 
   3. Boathouses 
   4. Seawalls 
   5. Retaining Wall (47 inches or less in height)
   6. Unenclosed handicap ramps attached to a structure 
3. Accessory Structures Exempt from Building Permit and Setback Requirements 
   1. Essential services 
   2. Sidewalks
   3. Driveways 
   4. Curbs 
   5. Mailboxes} ORD #37-10-20

Effective on: 10/27/2020

The following accessory uses and structures shall be permitted subject to the regulations of Section 2 and 3 above and to any additional regulations herein:

1. A.
   Antennae, amateur radio sending and receiving, provided the height thereof including masts shall not exceed seventy-five (75) feet measured from finished lot grade.
2. B.
   Boathouses, subject to the following: Boathouses are exempt from the {rear setback requirement for accessory structures due to their need to be located on the water’s edge. The structures are subject to the side yard setback requirements in the base zone district, and the size of the boathouse shall be regulated} subject to the site plan review procedure. ORD #37-10-20
3. C.
   Garages and carports, private residential for the storage of motor vehicles, which are clearly accessory and not for commercial purposes. {These structures shall be subject to the bulk requirements and other regulations contained elsewhere in this Article.} ORD #37-10-20
4. D.
   Fall-out shelters.
5. E.
   Fences {and walls {for Residential Uses                                                                                                                                         These regulations shall apply only to those fences and walls enclosing or screening from view areas on a property.  These regulations do not include regulations for retaining walls which are addressed elsewhere in these regulations.  These structures are subject to the following and as per specific regulations of that particular zoning district:

   1. 1.
      They shall not obstruct visibility pursuant to Article 9, Part A, Section 8, Vision {Corner Clearance.
   2. 2.
      They may be permitted in any required yard or along the edge of any yard, providing that driveway entrances onto a public or private street are not shielded by the fence or wall in such a way as to obstruct the view of a driver entering the road from the driveway. This regulation shall not apply to any alley.
   3. 3.
      Residential Open or Solid fences, latticework, screens, or walls not more than seven (7) feet in height may be located in the required side or rear yard, and {a fence} maintained not to exceed {four (4) feet} in height may be located in any front yard {as defined in Article 2 – Definitions.} ORD. #95-11-06, #21-06-12, ORD #53-10-15 
   4. 4.
      {A {site plan} including the location of the fence and the setbacks from the property lines shall be submitted with the fence application. The site plan shall include all easements and infrastructure locations, wetlands, floodplains, etc.  No fences shall be installed until a permit is obtained.} ORD. #95-11-06, #21-06-12, #25-04-15
   5. 5.
      {For the purposes of any fence and wall regulations, any common property held by the homeowner’s association for landscaping or other purposes, that abuts a street and is adjacent to and separate from the lot, extending 15-FT or less shall be considered a front yard, thereby permitting an {open fence at the maximum height of four (4) feet.} This only applies to corner lots as defined in Article 2- Definitions. ORD. #21-06-12
   6. 6.
      For the purposes of a Residential fence and wall regulations, any yard that abuts a street to which access is prohibited shall be treated as either a side or rear yard thereby permitting} a fence at a maximum height of 7-FT except as otherwise noted above.} ORD. # 56-11-07, ORD #46-07-16, ORD #37-10-20
6. F.
   Fences and Walls for Non-Residential Uses,                                                                                                                                These regulations shall apply only to those fences and walls enclosing or screening from view areas on a property.  These regulations do not include regulations for retaining walls which are addressed elsewhere in these regulations.  These structures are subject to the following and as per specific regulations of that particular zoning district:

   1. 1.
      They shall not obstruct visibility pursuant to Article 9, Part A, Section 8, Vision Corner Clearance.
   2. 2.
      They may be permitted in any required yard or along the edge of any yard, providing that driveway entrances onto a public or private street are not shielded by the fence or wall in such a way as to obstruct the view of a driver entering the road from the driveway.
   3. 3.
      Non-Residential fences located within the front yard shall be no taller than four (4) feet in height. 
   4. 4.
      Non-Residential fences shall be restricted by the requirements of the Zoning District or a maximum of eight (8) feet whichever is greater.  
   5. 5.
      A site plan including the location of the fence and the setbacks from the property lines shall be submitted with the fence application.  The site plan shall include all easements and infrastructure locations, wetlands, floodplains, etc.  No fences shall be installed until a permit is obtained.  
   6. 6.
      For the purposes of any fence and wall regulations, any common property held by the non-residential business associations for landscaping or other purposes, that abuts a street and is adjacent to and separate from the lot, extending 15-FT or less shall be considered a front yard, thereby permitting a fence at the maximum height of four (4) feet. This only applies to corner lots as defined in Article 2- Definitions. 
   7. 7.
      For the purposes of fence and wall regulations, any yard that abuts a street to which access is prohibited shall be treated as either a side or rear yard thereby permitting a fence at a maximum height of 8-FT except as otherwise noted above.
   8. 8.
      The use of uncoated chain link fencing, slats in chain link fencing, visible barbed wire, visible razor wire, and concertina coils is prohibited. } ORD #37-10-20
7. G.
   {Recreational and Open Space Uses Related to a Residential Development 

   1. 1.
      Recreational and open space uses are limited to the following facilities, clubhouses, docks, exercise rooms, game and craft rooms, gymnasiums, party and reception rooms, bicycle paths, pedestrian and equestrian trails, picnic areas, golf course, driving ranges, play fields, playgrounds, sauna baths, swimming pools, tanning facilities, and play courts such as basketball, racquetball, pickle ball, and tennis courts.  
   2. 2.
      These uses are allowed only as part of a residential development, subdivision, or neighborhood located in any of the residential zoning district.  The following standards shall apply:

      1. a.
         No active outdoor recreational uses or athletic structures shall be located within 50 feet of any residential use property. 
      2. b.
         Playing fields shall not be lit.  Any associated parking lots must be lit to comply with the standards of the Unified Development Ordinance.  
      3. c.
         Park buffering may incorporate pedestrian access points where access in and out of the park would be beneficial to nearby residents.  
      4. d.
         Special care as it relates to any negative impacts (such as noise, traffic, etc.) shall be noted when locating specialty parks (such as dog parks and skate parks) in residential areas.  
      5. e.
         Neighborhood parks and pocket parks less than two (2) acres in area do not have to provide off-street parking.  
      6. f.
         A golf course in a residential zoning district is subject to the following:

         1. 1. 1. i.
                  Entrances into accessory toilets, outhouses, and structures of the like, shall not face an adjacent property.  If vending machines are provided they shall be screened from view using either fencing or masonry wall at least one foot taller than the machine on at least three (3) sides and shall incorporate landscaping around the fence or wall in a manner that increases aesthetics. Landscaping shall include at least one (1) shrub per four (4) feet of fence or wall length.
               2. ii.
                  The nearest edge of any fairway or green may be no closer than 150 feet to any property line, and no closer than 100 feet to any right-of-way.
               3. iii.
                  Tee-boxes and greens shall be oriented away from adjacent properties and external roadways.
               4. iv.
                  Miniature golf is not permitted in a residential zoning district.} ORD #37-10-20
8. H.
   Management offices, in multi-family uses, and other facilities normally associated with tenants’ convenience, such as vending machines and washing machines, {are permitted} provided there is no exterior display. ORD #37-10-20
9. I.
   Pets, domestic                                                                                                                                                                                            

   Domestic pets are animals used for protection, companionship, or assistance and shall include animals that are cared for and treated in a manner acceptable for pet dogs, cats, and birds.  They are kept primarily indoors in the primary structure, and may include, but not be limited to, dogs, cats, parakeets, parrots, finches, lizards, spiders, guinea pigs, hamsters, gerbils, rats, mice, rabbits, aquarium fish, ferrets, and snakes if cared for in the manner described above.

   1. 1.

       keeping of domestic pets shall not be done for profit.

   2. 2.

      The keeping of domestic pets shall not be construed as a commercial kennel.

10. J.
    Recreational Vehicles and Equipment, Storage or Parking of, subject to the following:

    1. 1.
       SR District
       Recreational vehicles and equipment may be parked or stored anywhere on a lot in this district provided that they do not violate any other section of this ordinance and that no storage occurs within the required front yard setback.
    2. 2.
       All Other Districts
       No recreational vehicle or equipment shall be parked or stored on any lot in a residential district, except for in the SR District as provided above, except in a carport or enclosed building or behind the front facade of the building.

       Storage of Recreational Vehicles and Equipment

    3. 3.
       Parking and Storage of Unregistered Vehicles
       {Recreational vehicles, of any kind or type without current license plates shall not be parked or stored for more than seven (7) days on any residentially zoned property other than in completely enclosed buildings.} ORD #25-04-15
    4. 4.
       Mobility Shall Be Maintained
       The wheels or any similar transporting devices of any recreational vehicle shall not be removed except for repairs, nor shall such vehicle be otherwise permanently fixed to the ground in a manner that would prevent ready removal of said types of mobile structures.
    5. 5.
       Number of Vehicles Limited
       No more than two (2) recreational vehicles shall be parked or stored in the open on residential property at any one time provided; however, that one (1) additional recreational vehicle may be permitted for visitation for a maximum of ten (10) consecutive days and not to exceed fourteen (14) days in any one year.
    6. 6.
       Prohibition of Use of Stored Vehicles
       At no time shall any parked or stored recreational vehicle be occupied or used for living, sleeping, or housekeeping purposes, except as provided for visitations in (6) above.
    7. 7.
       Exception
       Notwithstanding the provisions above, recreational vehicles may be parked anywhere on the premises for loading or unloading purposes, for not longer than a forty-eight (48) hour period
11. K.
    Accessory Dwelling Unit (ADU)

    1. 1.
       May be accessed either through a secondary entrance on the property or the main living quarters.
    2. 2.
       ADU must be connected to the utilities of the primary dwelling unit (principal building).  Separate metering is prohibited.
    3. 3.
       The ADU shall be designed to blend with the architectural and exterior appearance of the principal building.  To the degree reasonably feasible, the appearance of the building shall remain that of a single-family residence.
    4. 4.
       No entrance to the ADU shall be permitted on the front facade of the building.
    5. 5.
       Exterior stairways or similar structures shall not be constructed on the front facade of the building.
    6. 6.
       The ADU is initially intended for relatives or resident domestic employees.
    7. 7.
       One accessory dwelling unit (ADU) is permitted per lot or parcel.} ORD. #13-02-14
12. L.
    Satellite Dishes (Parabolic Receivers and Transmitters), subject to the following:

    1. 1.
       Parabolic reflectors used to receive from or transmit to satellites (hereinafter-referred to as parabolic reflectors) exceeding thirty-six (36) inches in {diameter} shall require improvement location permits and payment of fees applicable to accessory uses. ORD #37-10-20
    2. 2.
       Parabolic reflectors shall be subject to all zone district setbacks, which shall be measured from that part of the parabolic reflector that extends closest to the adjoining property.
    3. 3.
       In no case shall parabolic reflectors be allowed within fifteen (15) feet of any public right-of-way line.
    4. 4.
       All cables and connections from a parabolic reflector to other equipment on the premises shall be buried underground when a parabolic reflector is located on the ground, or appropriately concealed when a parabolic reflector is located on a building.
    5. 5.
       Parabolic reflectors mounted on the roof of a non-residential building shall be shielded from view.} ORD #37-10-20
13. M.
    {Retaining walls 48 inches in height or more 

    1. 1.
       Retaining walls may be tiered or terraced. The area between each wall shall be pervious and may not be paved or otherwise covered with impervious materials.
    2. 2.
       The height of a retaining wall is the vertical distance measured from the natural grade at the base of the wall to the top of the wall;
    3. 3.
       When the height of a retaining wall varies, the height shall be measured at the highest point of the wall, from the natural grade at the base of the wall at that point.
    4. 4.
       Retaining walls should not block or affect an existing swale or drainage path in a manner to cause damming and/or ponding. 
    5. 5.
       Retaining walls shall be constructed of brick, rock, textured or patterned concrete, or other masonry product that complements the proposed building and site development. 
    6. 6.
       The proposed retaining wall should be setback from the property line the distance equivalent to the height of the wall. 
    7. 7.
       No retaining wall shall exceed eight feet in height. 
    8. 8.
       The applicant shall submit such engineering on the structure as deemed necessary by the Building Commissioner.} ORD #37-10-20
14. N.
    Stables and Animal Pens

    1. 1.
       Within the Corporate Limits of the City:

       1. a.
          No more than one (1) horse or {pony at least six-months of age} shall be stabled, maintained, pastured, grazed, or kept in any manner, except upon property at least {two (2) acres}, and no more than one (1) horse or{pony} be kept on each acre thereafter. ORD. #4-01-03, ORD #37-10-20

          1. 1.
             Stables shall be located at least one hundred fifty-FT from the existing residence on the adjacent lots.
          2. 2.
             Minimum Yard Setbacks

             Front – stables are not permitted in the front yard

             Side – 25-FT

             Rear – 25-FT

          3. 3.
             Maximum Stable Building Height – 18-FT
          4. 4.
             Maximum Stable Structure Size – 50% of the square footage of the principal building or 1,000-SF whichever is less.
       2. b.
          No person shall keep, raise, confine, or feed hogs, chickens, ducks, goats, sheep, or cows {or other similar animals) ORD. #4-01-03 within the Corporate Limits of the City.
    2. 2.
       Outside the Corporate Limits of the City:

       1. a.
          {No more than one (1) horse or two (2) ponies shall be stabled, maintained, pastured, grazed or kept in any manner, except upon property at least {two (2) acres} and no more than one (1) horse or two (2) ponies shall be kept on each acre thereafter.} ORD. #86-11-03, ORD #37-10-20
       2. b.
          Hogs, chickens, ducks, goats, sheep, or cows may be permitted on residentially platted lots of at least five (5) acres, located outside the City limits, provided that structures, pens, or corrals housing animals shall be a minimum of seventy-five (75) feet from an adjoining property line, except where animals are kept in soundproof air conditioned buildings, in which case the required setback shall be (25) feet {unless the structure is more than 2,000 square feet in size.  In that instance, the structure needs to meet the setback requirements of Section 2 of this Part B.} ORD #37-10-20
    3. 3.
       No keeping of animals permitted under these regulations shall be conducted for profit, nor shall any kennel be permitted pursuant to these regulations.
15. O.
    Storage Buildings and Equipment Sheds. {Subject to the regulations contained in Sections 2 and 3 of this Part B.} ORD #37-10-20
16. P.
    Swimming pools, spas, and hot tubs at least {forty-two (42) inches deep and twelve (12) feet in diameter, subject to the following:

    1. 1.
       Permanent swimming pools shall be protected by a surrounding fence at least four (4) feet in height, which is maintained to prevent access by small children or animals, and/or by a safety pool cover, which meets all specifications set forth in the adopted Indiana Swimming Pool Code, as, amended. If a surrounding fence is used, said fence may be located around either the pool itself or the property on which the pool is located.
    2. 2.
       Non-permanent pools shall meet all accessory building structure regulations but are not subject to the safety and screening regulations of permanent pools.} ORD #25-04-15
17. Q.
    Cluster Box Units and Neighborhood Unit Centers (NUC)/Postal Kiosks​

    1. 1.
       Required for all new residential subdivisions after January 2016 and Amended for Apartments after July 1, 2016.
    2. 2.
       CBU's and NUC's shall be approved by the United States Postal Service (USPS) local manager including cluster box locations and type of equipment prioro to receiving approval by the Technical Advisory Committee (TAC).  The approved plan by the local manager shall be included with TAC submittal.
    3. 3.
       The submitted plan shall include all easements, location of infrastructure such as sewer lines, manholes, etc. and the location and setbacks of the CBUs or NUCs.  Materials, colors, and color elevations are required as a part of the TAC submittal and for approval.
    4. 4.
       The CBU’s and NUCs shall be “decorative” in nature to include decorative top and enhanced pedestal cover. The non-decorative cluster box units shall be unacceptable such as the base/standard units which are non-descriptive.  
    5. 5.
       Acceptable colors include black, brown, and bronze.  White, grey, green and/or tan (sandstone) or other similar colors are prohibited.
    6. 6.
       For the installation of CBUs that are approved by TAC those units shall not be required to obtain an encroachment permit.
    7. 7.
       Neighborhood Unit Centers/Postal Kiosks shall require a building permit prior to installation.
    8. 8.
       The CBU’s and/or NUC’s shall not be the responsibility of the City of Noblesville to install, repair, or replace damaged units.  
    9. 9.
       Refer to the USPS Postal Operations Manual (POM)  Section 631 Modes of Delivery and 632 Mail Receptacles for additional standards as those documents may be amended.
    10. 10.
        For new or remodeled apartment complexes refer to the USPS Postal Operations Manual (POM) 632 Mail Receptacle for location and arrangement of said CBU’s.

Effective on: 10/27/2020

In the ZLL overlay district, all uses are required to have an attached one (1) car garage. No detached accessory structures are permitted in the ZLL District.

Effective on: 9/24/2013

Home occupations shall be a permitted use in all residential zoning districts except as otherwise restricted in this ordinance. The intent of these home occupation regulations is to:

1. Protect residential areas from adverse impacts of activities associated with home occupations.
2. Permit residents of the community a broad choice in the use of their homes as a place of livelihood and the production or supplementing of personal and family income.
3. Establish criteria and development standards for home occupations conducted in dwelling units and accessory structures in residential zones.
4. {Encourage these home occupations to be primarily service oriented by limiting the intensity and retail design of these uses.} ORD. #26-7-97

Effective on: 9/24/2013

Home occupations require a permit from the Director of Planning and Development {Director}, which is subject to the following restrictions. ORD #37-10-20

1. The primary use of the structure or dwelling unit shall remain residential, and the operator of the home occupation shall remain a resident in the dwelling unit.
2. If the operator is a tenant, he or she shall provide a written letter from the property owner giving permission for the home occupation to be conducted on the property.
3. {No person may participate in, or assist with, the conduct or operation of the home occupation except:
   1. Individuals who are residents of the dwelling unit as mentioned above;
   2. Individuals whose sole participation in the use and operation of the home occupation is financial in nature;
   3. {With the exception of Child Care Homes, a} non-resident assistant, subject to the following requirements and limitations:
      1. Participation by the non-resident assistant shall be in a subordinate capacity only, incidental to the conduct of the home occupation;
      2. The non-resident assistant shall not participate, totally or partially, in the capacity of an additional operator of the home occupation, as an additional practitioner of the professional, craft, or occupational service of the operator, or as a partner or professional associate thereof;
      3. Participation by the non-resident assistant shall be limited to forty (40) hours per week;
      4. No more than one (1) non-resident assistant shall be permitted. If more than one home occupation is conducted in the same dwelling unit, a non-resident assistant shall be permitted for only one of the home occupations;
      5. No non-resident assistant shall be permitted at beauty shops, barber shops, or other similar home occupations with a regular flow of customers.} ORD. #26-7-97, ORD #37-10-20
4. No structural additions, enlargements or exterior alterations changing the residential appearance to a business appearance shall be permitted {nor shall non-structural changes be made that would tend to lend a commercial appearance to the site, such as construction of parking lots, paving of required setbacks, or addition of commercial exterior lighting.} ORD #37-10-20
5. {The home occupation shall be clearly incidental and subordinate to the primary residential use of the dwelling. {With the exception of Child Care Homes, no} more than six hundred (600) square feet or twenty-five percent (25%) of the total square footage of the dwelling unit, whichever is lesser, shall be used in conduct of all home occupations operated from a property.} ORD. #26-7-97, ORD #37-10-20
6. {Home occupations shall be conducted entirely within the {principal} building with the exception of outdoor play areas for child care homes}. An accessory building may be utilized on a property of five (5) acres or more in area. In cases where accessory buildings are permitted to be used, the maximum total square footage of the home occupations operation shall be six hundred (600) square feet or twenty-five percent (25%) of the total square footage of all structures on the property, whichever is less.} ORD. #26-7-97, ORD #53-10-15, ORD #37-10-20
7. No additional and separate entrance {to the structure} incongruent with the residential structural design shall be constructed for the purpose of conducting the home occupation. ORD #37-10-20
8. No more traffic shall be generated by a home occupation than would normally be expected in a residential neighborhood. {Any deliveries to the business shall be done by a truck with a single rear axle.} ORD #37-10-20
9. No provision for more than one (1) extra off-street parking space, other than the requirements and the permitted facilities of the zone district, shall be permitted. {No} additional driveway to serve such home occupations shall be permitted. ORD #37-10-20
10. No display of goods or external evidence of the home occupation shall be permitted, except for one non-animated, non-illuminated, non-flashing announcement plate, indicating not more than the name of the occupation and name and address of resident. Said plate shall be attached flat against the wall of the residence and shall not exceed one (1) square foot in total surface area.
11. {In-person retail sales or services are limited to goods grown, produced, or assembled on the premises, and to sales that are incidental to, and a part of, the primary function of the home occupation (such as hair styling products sold as part of hair styling sale operation).} ORD #37-10-20
12. No electrical or mechanical equipment shall interfere with local radio communications{, wireless internet connections, or} television reception, or cause fluctuation in line voltage off the premises. ORD #37-10-20
13. {An approved home occupation is unique to the applicant only, not to the property involved, and shall automatically terminate when the applicant no longer resides in the dwelling unit on the property.} ORD. #37-10-20

Effective on: 10/27/2020

Uses where the occupant utilizes a telephone or computer for “business” activity but does not receive customers or products shall be exempt from this classification as a business or home occupation provided all of the other conditions of the {home} occupation are met. ORD #37-10-20

Effective on: 10/27/2020

1. Application
   Application for a Home Occupation shall be filed with the Director on a form provided by the Director. {A Child Care Home must comply with all applicable City ordinances and State and Federal statutes and regulations including licensing.  A copy of the State License to operate a Child Care Home shall be provided to the Department upon receipt.} An applicant for a Home Occupation Permit shall pay fees in connection with the submittal of the application in accordance with fee schedules adopted, from time to time, by the Common Council. The current fee schedule is found in Appendix A, “Schedule of Fees, Charges, and Expenses.” The Director will make a decision and notify the applicant in writing no later than fifteen (15) calendar days from the date the application is received. ORD #37-10-20
2. Scope
   In cases where the {Director} considers the application not within the scope of the home occupation criteria, the application shall be denied. ORD #37-10-20
3. Time Limit
   All home occupation permits shall be valid for a period of one (1) year from initial date of approval. {Home occupation permits may be renewed annually provided there has not been any violation of the provisions of this Ordinance.  Requests for renewals shall be submitted to the Department of Planning and Development in writing one (1) month prior to the expiration of the permit.  The fee must be paid upon approval of the permit, and prior to the expiration.} ORD #37-10-20
4. Voiding of Permit
   The {Director} may void any home occupation permit for non-compliance with the criteria set forth in this Part C. Revocation may take place at any time prior to the expiration date of the permit. If the permit is revoked, or is not renewed, it becomes invalid and said use shall be terminated. ORD #37-10-20
5. Appeal {of Decision} to the Board of Zoning Appeals
   The decision of the {Director concerning approval, denial, or revocation shall be final unless a written appeal is filed with the Board of Zoning Appeals within ten (10) calendar days of the decision. An appeal may only be filed by the applicant or persons residing within six hundred and sixty (660)} feet of the subject property. ORD #37-10-20
6. Issuance of Permit                                                                                                                                                                          Upon completion of the permit, and a determination that the application is in compliance with the Unified Development Ordinance, the Director of Planning and Development shall issue the permit no sooner than ten (10) days after and no later than fifteen (15) days after the receipt of application.} ORD.  #26-7-97
7. Inspection
   Home occupation applicants shall permit a reasonable inspection of the premises by the {Director or his designee} to determine compliance with these provisions. Home occupations shall be field checked annually by the Director or his designee} to determine compliance. ORD #37-10-20
8. {Homeowner's Associations 
   If the proposed home occupation is within the jurisdiction of a homeowners’ association, and the homeowners association has recorded legally binding rules governing home occupations, the proposed home occupation is still subject to those rules.  Approval of a home occupation permit by the City shall not be construed as approval by the homeowners association. ORD #37-10-20

Effective on: 10/27/2020

The following uses, by the nature of the investment or operation, have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area for residential purposes. Therefore, the uses specified below shall not be permitted as home occupations:

1. Medical Offices;
2. Dental Offices, Law Offices and Real Estate Offices;
3. Houses of Worship;
4. Boarding Houses, Time Share Condominiums;
5. Dance Studios;
6. {Any type of repair or assembly of vehicles or equipment with internal combustion engines, such as automobiles, motorcycles, scooters, snowmobiles, marine engines, lawn mowers, chain saws, and other small engines;
7. Restaurants, Taverns;
8. Private Clubs;
9. Painting of Vehicles, Trailers, or Boats;
10. Welding, Tooling, or Machine Shops;
11. Hair Styling Salons with two (2) or more customer chairs;
12. Massage Parlors or Massage Studios} ORD. #23-6-10
13. Private Schools with Organized Classes;
14. Tool and Equipment Rental; 
15. Landscaping and Tree Services; 
16. Major Appliance Repair or Service; 
17. Operations requiring a Federal Firearms License of Type 02, Type 06, Type 07, Type 08, Type 09, Type 10, Type 11, or any combination of these Types;
18. Therapy and Counseling Services} ORD #37-10-20

Effective on: 10/27/2020

1. Operation of a Bed and Breakfast Establishment shall not commence until approval has been granted by the Noblesville Board of Zoning Appeals.
2. No party shall operate a Bed and Breakfast Establishment unless the establishment complies with all fire safety standards as established by the Indiana Department of Fire and Building Services, and unless a health inspection report from the Indiana State Board of Health and/or Hamilton County Health Department has been filed with the Department of Planning and Development stating that the establishment complies with state and county public health regulations applicable to Bed and Breakfast Establishments.
3. Proof of registration with the Indiana Department of Revenue and Hamilton County for hotel/motel taxes shall be provided to the Department of Planning and Development within ninety (90) days after Board of Zoning Appeals approval. Records of payments made to the Indiana Department of Revenue and Hamilton County for hotel/motel taxes shall be submitted upon reasonable request, at any time, by a representative of the Department of Planning and Development.
4. No ancillary use inconsistent with the description of a Bed and Breakfast Establishment shall be operated in connection with an approved Bed and Breakfast Establishment. Examples of such ancillary uses include, but are not limited to:
   1. operation of a commercial restaurant;
   2. sales of items to the general public;
   3. procurement of an alcoholic beverage sales permit;
   4. provision of recreation or conference facilities to other than guests;
   5. operation of services such as beauty and barbershops, on site dry cleaning or laundry services and gift shops.
5. The location of a Bed and Breakfast Establishment in a residential district shall not be considered a precedent for the granting of any Conditional Use, Land Use Variance, or Variance that would allow other commercial and industrial development in the same district. Operation of a Bed and Breakfast Establishment is not to be considered, classified, or permitted as a Home Occupation.

Effective on: 9/24/2013

1. A Bed and Breakfast Establishment shall include no more than eight (8) guest rooms for rent.
2. Accommodations shall not be provided to a particular guest for more than thirty (30) consecutive days.
3. Parking areas in residential districts must be so designated and maintained so as not to alter the existing character of the district. All parking shall be screened from view from adjacent residential uses according to a landscape plan approved by the Department of Planning and Development and required by the Board of Zoning Appeals as a condition of approval.
4. Parking lot illumination, if proposed, must not result in an illumination intensity of more than 0.1 foot-candles at any adjacent residential property boundary. A parking lot lighting plan indicating illumination at the property lines must be submitted as part of the application to be heard by the Board of Zoning Appeals. Parking lot lighting must be of a down-directed variety, the standards for which may not exceed a height of eighteen (18) feet and must be of an architectural style specifically approved by the Board of Zoning Appeals.
5. Signage displayed for Bed and Breakfast Establishments located in business districts shall be as provided in Article 11, Signs. In residential districts, each Bed and Breakfast Establishment shall be limited to the display of one non-illuminated sign per street frontage, said sign to be attached flat against the wall of the Bed and Breakfast Establishment and limited to a size of no more than four (4) square feet.

Effective on: 9/24/2013

{Approved or exempt Temporary Uses are a permitted use in all zoning districts, except as otherwise restricted in this ordinance. Unless exempt as set forth in Section 4 of this Part G, Temporary Uses require the granting of a Temporary Use Permit by the Board of Zoning Appeals (Board), or by the Director of Planning and Development (Director) or his representative as noted. Where the Director is given authority to issue the permit, he may impose conditions on any Temporary Use as he may deem appropriate to further the purposes of this Ordinance, and may instead refer any Temporary Use Application to the Board.  When review by the Board is conducted, the Board may impose conditions on any Temporary Use they may deem appropriate to further the Purposes of this Ordinance.  In case of conflict among provisions of this Part G, the most restrictive language shall apply.} ORD #37-10-20

Effective on: 10/27/2020

1. {Temporary uses are limited to the maximum number time period listed in this Part G per location and/or user provided, however, renewal of such permit may be requested.} ORD. #95-11-06, ORD #37-10-20
2. Temporary Uses shall be subject to all regulations of the applicable zoning district.
3. {In addition to the conditions listed for specific uses below, the following conditions are applicable to all Temporary Uses:
   1. Adequate access and off-street parking facilities shall be provided which shall not interfere with traffic movement on adjacent streets.

   2. Bulk Requirements (lot width, setback, building height, etc.) of the applicable zoning district shall apply, unless specifically altered by Section 3 below. 

   3. No public address systems or other noise-producing devices shall be permitted in a residential district. Such systems or devices, when utilized, shall be operated in accordance with Noblesville Code of Ordinances Section 93.22, Nuisances.
   4. No signs listed as “Prohibited” by Article 11 – Signs of this Ordinance shall be permitted.
   5. The lot shall be put in clean condition devoid of temporary use remnants upon termination of the temporary period.
   6. Temporary Uses shall not be established within the Vision Corner Clearance area required by this Ordinance. 
   7. An approved Temporary Use Permit shall be displayed at all times during the use’s approval period and shall be placed in a location on-site that is easily visible to the public. 
4. The following factors may be considered by the Board or Director as they review Temporary Use applications: 

   1. Whether the Temporary Use will not be detrimental to the public health, safety, and general welfare, will be compatible with adjacent uses, and will not adversely affect the surrounding neighborhood by means of odor, dust, light, noise, traffic, or other nuisances. 

   2. Whether the subject site can support the Temporary Use without creating negative impacts on existing buffers, landscaping areas, traffic movements, pedestrian circulation patterns, or operation of the permanent primary use of the property, where applicable. 

   3. Whether the Temporary Use does not unreasonably reduce the number of parking spaces available for use in connection with permanent uses located on the property in question, and does not render handicap parking spaces unusable. 

   4. Whether the property where the Temporary Use is proposed has been cited for violations of the City of Noblesville Code of Ordinances or is otherwise currently in violation.} ORD #37-10-20

Effective on: 5/12/2015

1.  Model Homes and related property sale activities for that development or nearby developments being developed by the same building shall be considered permitted temporary uses in residential subdivisions. Three (3) Model Homes per housing type with a maximum number of ten (10) Model Homes are permitted for the entire planned development/subdivision. Each builder shall be limited to three (3) Model Homes where sales activities occur. Each Model Home shall require a permit by the Director and such permits shall be valid for one (1) year from the date in which the permit is issued. Such uses shall also be subject to the following :} ORD. #42-5-05, ORD #25-04-15
   1. {Model Homes shall be clustered together near the entrance of the development so as to avoid undue traffic through the developing site.
   2. Two (2) off-street parking spaces shall be provided and maintained for each structure proposed for a Model Home.
   3. A Temporary Certificate of Occupancy shall be issued for the structure before the Temporary Use commences. 
   4. Signs for the Model Homes shall be limited to those allowed by Article 11– Signs.} ORD. #12-2-11
2. Sales Offices Operated from Temporary Structures                                                                                                               Home or property sales activities for a development or nearby developments being developed by the same builder in a Temporary Structure shall be bound by the regulations of Section 3.A above, as well as the following:
   1. Landscaping shall be installed at a minimum rate of twelve (12) shrubs and two (2) trees per temporary structure. All landscaping shall be installed in compliance with the size and height standards required by Article 12 of this Ordinance.
   2. Skirting shall be installed around 360 degrees of the structure.
   3. The structure shall have indoor plumbing.
   4. All temporary sales trailers shall be removed upon 20% build out of the subdivision.} ORD. #45-8-98
   5. The applicant shall provide the mobile unit certification number issued from the Indiana Fire Prevention and Building Safety Commission.
3. Non-Commercial Concrete Batching Plant                                                                                                                                Such use, both incidental and necessary to construction, and located for its close proximity to the construction for which it was established, may be issued a Temporary Use permit by the Director for a maximum of eighteen (18) months. A valid air permit from the Indiana Department of Environmental Management shall be provided prior to operation of the plant.  Proof shall also be provided that the plant was registered with the Indiana Department of Natural Resources as a significant water withdrawal facility within three (3) months after the plant becomes operational.
4. Temporary Structure or Yard for Construction Office, Materials, and Equipment                                            Such use, both incidental and necessary to construction and located for its proximity to the construction for which it was established may be issued a Temporary Use permit  by the Director for a period of time coinciding with the building permit, but for a maximum 18 months. This use is limited to construction-related activity only and is not to be mixed with a sales use. Such use shall be located within the development for which the use has been established.  For temporary construction trailers, the applicant shall provide the mobile unit seal of acceptance number issued from the Indiana Fire Prevention and Building Safety Commission.  No more than ten (10) portable storage containers may be used in these areas.  
5. Special Event (Minor)                                                                                                                                                                          A Temporary Use permit may be issued by the Director for one event per year per property for a maximum of thirty (30) days per calendar year. Such uses shall be subject to the following:
   1. The use shall not be located within any required setback, easement, or fire lane.  Handicap parking spaces shall not be obstructed or rendered unusable.
   2. The use shall  not interfere with pedestrian or vehicular access.
   3. The site shall have adequate parking for patrons of the special event and patrons of the permanent land use on the property, when operated concurrently, as determined by the Director. 
   4. Signs for the special event shall be limited to those allowed by Article 11.
   5. If a tent of over four hundred (400) square feet is proposed, prior approval of the Fire Marshall is required. 
6. Bazaars, Carnivals, Festivals, Outdoor Expositions, Grand Openings, and Similar Temporary Uses               A Temporary Use permit may be issued by the Director for a maximum ten (10) days. Uses lasting more than ten (10) days must gain approval from the Board of Zoning Appeals.  Such uses shall be subject to the following:
   1. Such use need not comply with the maximum height restrictions of this Ordinance.
   2. The applicant shall be responsible for ensuring that waste or debris related to the event does not leave the site.
   3. Refuse receptacles and portable toilets, if proposed, must be located and maintained according to approved plans.
   4. Signs for the event shall be limited to those allowed by Article 11.
   5. There shall be no Temporary Use Permit fee assessed for grand openings.
   6. If a tent of over four hundred (400) square feet is proposed, prior approval of the Fire Marshall is required. 

   7. Such use shall not be located within any required setback, easement, or fire lane. Handicap parking spaces shall not be obstructed or rendered unusable.

7. Seasonal Outdoor Sales                                                                                                                                                                      A Temporary Use permit for Christmas trees, fireworks, pumpkins, and similar seasonal items for sale on commercially zoned property may be issued by the Director for a maximum of thirty (30) days. Such uses shall be suject to the following: 
   1. A maximum of three (3) seasonal outdoor sales Temporary Use permits shall be issued per property per calendar year.
   2. Such use shall not be located within any required setback, easement, or fire lane. Handicap parking spaces shall not be obstructed or rendered unusable.
   3. Only items traditionally associated with the particular season are allowed to be located in the outdoor sales area. General merchandise not associated with the season is prohibited in these areas.
   4. One (1) temporary sign shall be allowed per event. Such sign(s) shall be no larger than thirty-two (32) square feet, shall not be illuminated, and shall not be an electronic sign.
   5. Fireworks sales shall comply with all applicable requirements of the Indiana Department of Homeland Security in Indiana Code 22-11-14 as amended.
   6. If a tent of over four hundred (400) square feet is proposed, prior approval of the Fire Marshall is required. 
8. Portable Storage Containers for Non-Residential Uses 

   1. No more than ten (10) portable storage containers may be located on a property at any one time.

   2. Portable storage containers shall be hidden from view from a public street, either through means of placement or landscaping.

   3. Portable storage containers shall be permitted to be located on a property during any calendar year for not more than sixty (60) days, consecutive or non-consecutive, during that year, unless a valid building permit has been issued for the site.

   4. At a construction site where a valid building permit has been issued, portable storage containers for temporary storage of construction material must be removed prior to the issuance of a Certificate of Occupancy.

   5. Portable storage containers shall meet the setback requirements of the applicable zoning district.

   6. The placement of portable storage containers shall not impede a motor vehicle operator’s view of vehicular traffic, bicyclists, or pedestrians.

9. Temporary Classrooms                                                                                                                                                                         A temporary classroom is prohibited unless it is located on a site where an existing permanent building housing legal primary use is located. For purposes of this requirement, an authorized main use is one for which a valid certificate of occupancy has been issued. The use of the temporary classroom shall be limited to the primary use for which a certificate of occupancy has been issued or an authorized use accessory to that primary use. A Temporary Use permit may be issued by the Director for a temporary classroom, and is valid for twelve (12) months. 30 days prior to the expiration of the temporary use permit, a permit requesting renewal of the application may be submitted to the Director. 
   1. Temporary classrooms are not to be located within the front yard. 
   2. The applicant shall provide the mobile unit seal of acceptance number issued from Indiana Fire Prevention and Building Safety Commission.
   3. Temporary classrooms shall comply with requirements of 675 IAC 15.
   4. The site shall be restored when the temporary classroom is removed. ORD #37-10-20

Effective on: 10/27/2020

1. Non-Community Garage Sales, Yard Sales, and Estate Sales                                                                                        Such uses shall not be operated from any property for more than six (6) days during the calendar year.  Signage shall be limited to that allo wed by Article 11.  A sign permit is not required. 

2. Community Garage Sales                                                                                                                                                             Such uses shall not be operated from any community for more than twenty (20) days during the calendar year.  Signage shall be limited to that allowed by Article 11.  A sign permit is required with no fee assessed. 

3. Tents for Private Residential Events                                                                                                                                      Such uses are permitted for a total of three (3) days per calendar year per property.  If a tent of over four hundred (400) square feet is proposed, the Fire Marshall shall review the application.

4. Roadside Stands
   1. The roadside stand may operate for no more than eight (8) weeks.
   2. Only one (1) roadside stand shall be permitted per property. 
   3. Are located on residentially zoned property where the products are grown.
   4. Products for sale shall be limited to those items that are commonly grown, such as field crops, fruits, and vegetables.  Homemade food goods such as baked goods, jams, and relishes may constitute a maximum of 25% of the stand products. 
   5. Stands, signs, and other related structures shall provide a minimum 10-foot setback from all property lines.
   6. On-premises signage shall be limited to one (1) unlit sign not to exceed twelve (12) square feet in area and four (4) feet in height. 
   7. Customer seating areas are prohibited.
   8. Roadside stands shall be removed when not in use. 
5. Portable Storage Containers for Residential Uses
   1. ​​Only one (1) portable storage container may be located on a property at any one time, unless E.3., below, applies.   
   2. A portable storage container shall be permitted to be located on a property during any calendar year for not longer than thirty (30) days per calendar year unless a valid building permit has been issued for the site.  
   3. At a construction site where a valid building permit has been issued, up to five (5) portable storage containers for temporary storage of construction material may be located at the site during the entire period of construction until either a Temporary Certificate of Occupancy or a Certificate of Occupancy is issued, whichever is first applicable. 
   4. Portable storage containers shall meet the setback requirements of the applicable zoning district, and shall not be placed within any easement; however, for a period of not more than five (5) days, consecutive or non-consecutive, per year, a single portable storage container may be sited within the required front setback.  
   5. The placement of portable storage containers shall not impede a motor vehicle operator’s view of vehicular traffic, bicyclists, or pedestrians.} ORD #37-10-20
      

Effective on: 10/27/2020

The Director may authorize a temporary use of up to seven (7) days’ duration for any temporary use, not listed in Sections 3 and 4 above, that is determined to be similar to other temporary or permitted uses in the applicable zoning district, if the use has been determined to meet the review factors in Section 2.D of this Part, above. Any unlisted temporary use proposed to operate in excess of seven (7) consecutive days or any listed use requesting to operate for a time period longer than listed shall require review by the Board of Zoning Appeals. Other similar uses deemed temporary by the Board of Zoning Appeals may be approved and attached with such time period, conditions, and safeguards as the Board may deem necessary.} ORD #37-10-20

Effective on: 10/27/2020

The provisions of this ordinance apply to mobile food vehicles engaged in the business of cooking, preparing, and distributing food or beverage with or without charge upon or in public and private property.  This ordinance does not apply to vehicles which dispense food and that move from place to place and are stationary in the same location for no more than 15 minutes at a time, such as ice cream trucks or food vending pushcarts and stands located on sidewalks.  Mobile food vehicles shall comply with the following standards relating to their operation.  Any vendor wishing to operate a mobile food vehicle must first receive a mobile food vehicle permit.  Any failure to comply with these regulations may result in the revocation, suspension, or the City not renewing the mobile food vehicle permit. 

Effective on: 9/24/2013

1. It shall be unlawful for any person, including any religious, charitable or nonprofit organization to operate a mobile food vehicle within the planning and zoning jurisdiction of the City of Noblesville without a permit unless otherwise exempted by these regulations.
2. A mobile food vehicle must hold all requisite health department, business, and resale licensures to sell food and beverages.
3. A separate permit is required for each mobile food vehicle.
4. A permit issued under this section shall expire after one year.
5. Mobile food vehicles shall not be required to obtain a temporary use permit.
6. A vendor shall not operate on private property without first obtaining written consent to operate from the affected private property owner. A private property owner shall not permit parking by a mobile food vehicle until a mobile food vehicle permit has been obtained to allow for such use.
7. In addition to complying with the City’s ordinances related to mobile food vehicles, the owner and operator of a mobile food vehicle is responsible for applying for and obtaining all other necessary licenses required for the service of food and beverages, and the food truck itself must be in compliance with the motor vehicle laws of the State of Indiana.
8. In locations where mobile food vehicles are permitted to operate, mobile food vehicles shall comply with all parking rules.
9. Mobile food vehicles shall not interfere with or obstruct the free passage of pedestrians or vehicles along any street, sidewalk, road, or parking lot drive aisle or park within 20 feet of any intersection.
10. Excluded event or location - Mobile food vehicles must operate at least 1000 feet from permitted special event locations and the Farmer’s Market location. A valid mobile food vehicle permit does not allow operation at these excluded events or locations. To operate at these excluded events or locations mobile food vehicles are not required to have a valid mobile food permit, but are subject to the following:
    1. Mobile food trucks may operate at events on public property if they have a vendor agreement with the event coordinator.
    2. Mobile food trucks may operate at events on Noblesville Parks' property if they have a signed agreement with the Noblesville Parks Board.
    3. The space available to mobile food trucks at some excluded events may be limited. It shall be up to the individual groups to make those determinations and set their own selection criteria.
11. No mobile food vehicle shall be equipped with any external electronic sound amplifying device.
12. Signage is only allowed when placed on mobile food vehicles. No separate freestanding signs are permitted.
13. All exterior lights with over 60 watts shall contain opaque, hood shields to direct the illumination downward.
14. All mobile food vehicle vendors shall offer a waste container for public use, which the vendor shall empty at its own expense. All trash and garbage originating from the operation of mobile food vehicles shall be collected and disposed of off-site by the operators each day. Spills of food or food by-products shall be cleaned up, and no dumping of gray water on the street is allowed.
15. Any power required for the mobile food vehicle located on a public way shall be self-contained and a mobile food vehicle shall not use utilities drawn from the public right-of-way. Mobile food vehicles on private property may use electrical power from the property being occupied or an adjacent property, but only when the property owner provides written consent to do so. All power sources must be self-contained. No power cable or equipment shall be extended at or across any City street, alley, or sidewalk.
16. Mobile food vehicles shall provide proof of General Liability Insurance in the amount of not less than $1,000,000 per occurrence and $2,000,000 aggregate prior to obtaining a permit or entering into an agreement with the Noblesville Parks Board.
17. No mobile food truck shall be parked on the street overnight, or left unattended and unsecured at any time food is kept in the mobile food truck. Any mobile food truck, which is found to be unattended, shall be considered a public safety hazard and may be ticketed and impounded.
18. All signs must be permanently affixed to or painted on the mobile food vehicle and shall not extend more than six inches from the vehicle.
19. No sign shall flash, cause interference with radio, telephone, television or other communication transmissions; produce or reflect motion pictures; emit visible smoke, vapor, particles, or odor; be animated or produce any rotation, motion, or movement.
20. A sign on which the message is changed electronically not more than one time per 10 seconds shall not be considered to be an animated sign or a sign with movement, but is classified as a changeable copy sign.
21. Changeable copy signs shall be permitted, but the total area of such signs on the vehicle, when parked and the vehicle is set up to operate, must not exceed 30 square feet. Any message on a changeable copy sign shall have an instantaneous change of message with no fading, fly-in, dissolve, or other feature used. The change of message rate on digital sign shall be limited to no more than once every 10 seconds.
22. No sign shall utilize any exposed incandescent lamp with wattage of more than forty (40)-watts, any revolving beacon light, or a luminance in excess of three hundred fifty (350) foot lamberts measured at sign face.
23. No mobile food vehicle shall make or cause to be made any unreasonable or excessive noise. The operation of all mobile food vehicles shall meet the city noise ordinance, including generators. No loud music, other high decibel sounds, horns, or amplified announcements are allowed.
24. No mobile food vehicle shall provide or allow any dining area, including but not limited to tables, chairs, booths, bar stools, benches, and stand up counters, unless a proposal for such seating arrangements is submitted with the permit application and the use is located on private property.
25. Any mobile food truck being operated without a valid mobile food truck permit shall be deemed a public safety hazard and may be ticketed and impounded.
26. No flashing or blinking lights or strobe lights are allowed on mobile food vehicles or related signage.} ORD. #24-07-13, As Amended

Effective on: 9/24/2013

1. Applicability
   Wireless Telecommunications Service Facilities {including Cellular on Wheels (COW)} shall comply with the following standards as well as the applicable requirements of the zoning district in which they are located except where otherwise noted in this part. ORD. #10-03-13
2. Purpose 
   The purpose of this section is to provide for sensible and reasonable land use standards to allow for the provision of adequate, reliable public and private telecommunication service. There is a need to maximize the use of service facilities in order to reduce the total number of towers needed to service the needs of the areas, as well as a need to minimize the adverse, undesirable visual effects of service facilities while still providing for reasonable location of such towers within the City of Noblesville’s zoning jurisdiction.
3. Location of Wireless Telecommunications Facilities
   1. Wireless Telecommunication Facilities shall be a permitted use in the following zoning districts:
      1. I-1 (Light Industrial) Zoning District
      2. I-2 (Heavy Industrial) Zoning District
      3. I-3 (Extractive Industrial) Zoning District
      4. The following subdistricts of the CCPD (Corporate Campus) Zoning District:
         1. Industrial/Office
         2. Regional Recreation and Entertainment
         3. Agricultural/I-O
   2. Wireless Telecommunication Facilities shall be a conditional use in the following zoning districts:
      1. PB (Planned Business) Zoning District
      2. In any residential zoning district in which the structures may be setback at

         least five hundred (500) feet from an adjoining residential development or property.

      3. In any district where the antennas are to be located upon pre-existing structures or buildings so long as the petitioner proposes to sufficiently screen or camouflage antennas and antenna support structures
      4. In any district upon property owned or operated by units of government or public utilities.
      5. In any district, in a Non-Urban Area, a term associated with Indiana Code 36-7-4-1103. “Urban Area” is defined in the Code as follows: all lands and lots within the corporate boundaries of a municipality, any other lands or lots used for residential purposes where there are at least eight (8) residences within any quarter mile square area, and other lands or lots that have been or are planned for residential areas contiguous to the municipality.
   3. Wireless Telecommunication Facilities shall be a special consideration in the following​ subdistricts of the CCPD (Corporate Campus) zoning district:
      1. Office
      2. Office/Flex Uses
      3. Commercial
      4. Commercial/Office
      5. Community

Effective on: 9/24/2013

All Wireless Telecommunication Service Facilities shall meet the following requirements:

1. The placement of antennas upon existing antenna support structures or any electrical work at existing support structures may be administratively approved by the Planning Director. The applicant shall submit all appropriate permits and drawings deemed necessary by the Director of Planning.
2. In the event an antenna support structure ceases to be used, the antenna support structure shall be removed within one hundred eighty (180) days of termination of use. {Cellular on Wheels (COW) must be removed from the parcel within three (3) days after the event in which it is servicing.} ORD. #10-03-13
3. In the zoning districts in which a Wireless Telecommunication Facility is listed as either permitted or conditional use, a Wireless Telecommunications Facility may be deemed an accessory use.
4. The following documentation shall be submitted for all applications for a Wireless Telecommunications Facility. This information shall be submitted in addition to the standard application requirements for the type of application being filed. The Planning Director may waive any of the submission requirements based upon a written request of the applicant that must be submitted at the time of application. The waiver of any submission requirement may only be granted if the Planning Director finds in writing that, due to special circumstances of the application, the information is not required to determine compliance with the standards of this ordinance.
   1. A location map showing all Wireless Telecommunications Facilities within a two (2) mile radius of the proposed facility. The applicant shall indicate which existing facilities in the area they already have existing antenna arrays located on. Applicant shall also indicate on this map the size and location of the search ring identified by their engineering studies to find a site to fill the network coverage gap.
   2. Evidence demonstrating that no existing building, site, or structure can accommodate the applicant’s proposed facility, the evidence for which may consist of any one or more of the following:
      1. Evidence that no existing facilities are located within the targeted market coverage area identified by the applicant’s engineering requirements.
      2. Evidence that existing facilities do not have sufficient height or can not be increased in height at a reasonable cost or within the limitations of this ordinance at a reasonable cost to meet the applicant’s engineering requirements.
      3. Evidence that existing facilities do not have sufficient structural strength to support the applicant’s proposed antenna array and related equipment. Specifically:
         1. Planned, necessary equipment would exceed the structural capacity of the existing facility, considering the existing and planned use of those facilities, and these existing facilities can not be reinforced to accommodate the new equipment at a reasonable expense.
         2. The applicant’s proposed antenna or equipment would cause electromagnetic interference with the antenna on the existing towers, or the antenna or equipment with the existing facility would cause interference with the applicant’s proposed antenna.
         3. Existing or approved facilities do not have space on which planned equipment can be placed so it can function effectively.
      4. The fee, costs, or contractual provisions required by the owner in order to share or adapt an existing facility are unreasonable. Costs exceeding the pro rata share of new facility development are presumed to be unreasonable.
      5. Evidence that the applicant has made diligent good faith efforts to negotiate co-location on an existing facility, building, or structure and has been denied access.
   3. A propagation map, before and after, of how the proposed facility fits in the applicant’s telecommunications network. The after propagation map shall demonstrate that the proposed facility will fill a significant coverage gap.
   4. A scenic assessment for the project area consisting of the following:
      1. Elevation drawings of the proposed facility, showing height above ground level and details on the antenna array attachment or arrangement.
      2. A site plan indicating the proposed placement of the facility on the site, including the delineation of the proposed lease area; location of existing structures, trees, means of access to the lease area, and the type of material being used, and other significant site features.
      3. Photo simulations of the proposed facility taken from at least two different perspectives. Each photo must be labeled with where it was taken from, elevation, and date taken.
      4. A landscape plan indicating the landscaping and screening at the base of the facility or around the perimeter of the lease area, whichever is most appropriate.
   5. Drawings prepared and certified by a professional engineer of the proposed structure indicating the location, type, and height of the proposed facility, antenna capacity, and compliance with all applicable American National Standards Institute (ANSI) technical and structural codes.
   6. Certification by the applicant that the proposed facility complies with all FCC standards for radio emissions. 

Effective on: 9/24/2013

1. All Wireless Telecommunication Service Facilities shall meet the following requirements:
   1. The height of the antenna support structure shall not exceed two hundred (200) feet.
   2. The antenna support structures in non-residential zoning districts shall be set back a minimum of forty (40) feet from the property line, unless the adjoining property is zoned or used for a residential use. If the adjoining property is zoned or used for residential use or the tower is located within a residential zoning district, the setback shall not be less than the height of the support structure.
   3. The antenna support structure shall not be illuminated or display strobe lights unless specifically required by the Federal Aviation Administration (FAA), Federal Communications Commission (FCC), or other governmental agency.
   4. No signs or advertising shall be placed upon an antenna support structure or associated equipment buildings or cabinets.
   5. All new or replacement towers shall be a monopole design.
      1. Wireless Telecommunication Service Facilities located within the I-1, I-2, and I-3 zoning districts may have external, hugging or slick-mounted antenna arrays.
      2. Wireless Telecommunications Service Facilities located in all other zoning districts must at a minimum have internal antenna arrays. In addition, facilities shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatments.
      3. Where feasible, the applicant shall utilize existing structures to house antenna arrays. Such arrays shall be designed to be camouflaged by architectural treatments in keeping with the existing structure.
      4. For building mounted facilities that do not utilize camouflaging, the antenna arrays may not extend above the roof line or parapet of an existing structure, and may not be installed unless the roof design allows them to be shielded from public view. Whip antennas and omni-directional antennas may extend up to fifteen (15) feet above the roof line or parapet of an existing structure.
   6. All utility or equipment buildings and cabinets accessory to the antenna support structure shall be architecturally designed to blend into the surrounding area. This shall be accomplished through the use of the same exterior materials as the surroundings structures for the equipment building. These requirements shall apply unless the building or cabinet is completely screened by a wall or fence.
   7. Wireless Telecommunications Service Facilities shall provide vehicular access to the tower and antennas along any existing driveways whenever feasible.
   8. A landscaping and screening plan for the Wireless Telecommunication Service Facility shall be submitted with the application.
      1. An opaque fence or masonry wall shall completely screen and enclose the facility.
      2. A landscaping screen, consisting of more than seventy-five percent (75%) evergreen material, shall be planted outside the fence or wall. For hedges, the plants shall be a maximum of five (5) feet on center. For evergreen trees, plants shall be a maximum of ten (10) feet on center. All plants needed to provide a solid screen shall be a minimum of five (5) feet in height at the time of planting.
      3. Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible on the entire site. Credit will be give for any existing trees saved as stated in this Ordinance Article 12.
   9. All Wireless Telecommunication Service Facilities that utilize a freestanding tower shall be designed structurally, electrically, and in all other respects to accommodate the user’s equipment and the equipment of at least two additional service providers.
   10. A qualified and licensed engineer must approve the design of the antenna support structure and certify that it is constructed to comply with the co-location requirements set out above.
   11. A notarized letter of intent shall be included with the application committing the antenna support structure-owner or lessee on behalf of themselves and their successors in interest that the antenna support structure shall be shared with additional users if the additional user(s) agrees to meet reasonable terms and conditions of shared use.
   12. No transmissions from a Wireless Telecommunication Service Facility shall interfere with any existing public safety communications.
   13. The site of the facilities shall be maintained in a condition free of debris, refuse, and trash.

Effective on: 9/24/2013

1. The Board of Zoning Appeals or any other reviewing body shall not consider any evidence or base a denial of the location of a Wireless Telecommunication Service Facility on any evidence concerning adverse environmental or health effects of radio frequency emissions so long as those emissions meet the standards of the Federal Telecommunication Commission.
2. Nothing herein shall be construed as a prohibition of the location of Wireless Telecommunication Service Facilities within the planning and zoning jurisdiction of the City of Noblesville, Indiana. Nothing herein shall be construed or applied to unreasonably discriminate between providers of functionally equivalent service, or services that compete one against the other for various Wireless Telecommunication Services.

Effective on: 9/24/2013

The regulations in this part shall apply to small cell networks and facilities located within the public right-of-way within the planning and zoning jurisdiction of the City of Noblesville.  Those facilities not located in the public right-of-way shall be subject to the regulations of Part I. Wireless Telecommunications Service Facilities.  

Effective on: 1/24/2017

1. Contents of application: an application for a wireless support structure and wireless facility 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 or wireless facility including location map, address, and latitude and longitude;
   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; 
   4. The location of all existing wireless support structures within one thousand five hundred (1,500) feet of the proposed wireless support structure; and 
   5. If applicable, 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:
      1. Would not result in the same wireless service functionality, coverage, and capacity;
      2. Is technically infeasible; or
      3. Is an economic burden to the applicant.
   6. A copy of any applicable encroachment or location permits from entities other than the City of Noblesville.  In the event that an application is submitted for a facility that is in the planning and zoning jurisdiction of the City of Noblesville, but requires an encroachment or location permit from an entity other than the City of Noblesville, the applicant shall first obtain all other required permits.  A copy of those permits shall be submitted to the City of Noblesville with the permit application.
   7. Construction plans for the proposed facility shall include the following elements:
      1. a written plan for construction of a new wireless support structure that demonstrates that the aesthetics of the wireless support structure is substantially similar to the street lights located nearest the proposed location;
      2. includes the total height and width of the wireless facility and wireless support structure, including cross section and elevation, footing, foundation and wind speed details;
      3. a structural analysis indicating the capacity for future and existing antennas, including a geotechnical report and calculations for the foundations capacity;
      4. the identity and qualifications of each person directly responsible for the design and construction;
      5. and signed and sealed documentation from a professional engineer that shows the proposed location of the wireless facility and wireless support structure and all easement and existing structures within two hundred (200) feet of such wireless facility or wireless support structure including the distances from roadways, sidewalks, trails, driveways, and entrances. 
      6. For a substantial modification of an existing wireless facility or wireless support structure a plan that describes the proposed modifications to the wireless support structure and all equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment along with any relevant engineering information relating to the support structure.
2. An applicant may submit one (1) application for multiple wireless support structures and wireless service facilities that are located within the City of Noblesville.  A single permit shall be issued for those multiple locations, but a fee shall be assessed for each location. 
3. Procedure:
   1. Determination of a complete application – within ten (10) business days of receipt of an application the department shall determine if the application is complete.  If the application is not complete, the applicant shall be notified in writing of all defects in the application.  If the applicant is not notified an in writing of all defects in the application, the application is considered complete.
   2. An applicant that receives written notice of an incomplete application or an application with deficiencies may cure the defects and resubmit the corrected application within thirty (30) days of receiving the notice.  If an applicant is unable to cure the defects within the thirty (30) day period, the applicant shall notify the department of the additional time the applicant requires to cure the defects.  
   3. Not more than ninety (90) days after making an initial determination of completeness, the department shall review the application to determine if it complies with applicable laws and ordinances governing land use and zoning, and notify the applicant in writing whether the application is approved or denied.  If the applicant has requested additional time to cure the defects, the ninety (90) day period is extended for a corresponding amount of time.  
   4. A written determination shall state clearly the basis for the decision to approve or deny an application.  If the department denies the application, the written notice must include substantial evidence in support of the denial.  A notice is considered written if it is included in the minutes of a public meeting of the permit authority.  
   5. In all instance, the Department of Planning shall transmit to the Street Department a copy of the permit application for notice of encroachment locations.   

Effective on: 1/24/2017

1. The must be a minimum of one thousand three hundred and twenty (1,320) feet between any support structures used for telecommunications, measured in any direction between support structures.  This measurement is not necessarily a dimension measured parallel to a road right-of-way.
2. The wireless support structure shall be placed to not interfere with the construction, maintenance, or safe operation of vehicular and pedestrian transportation infrastructure.  Such support structures shall be at least two (2) feet from the edge of pavement for pedestrian transportation infrastructure.  Such support structures shall be outside the clear zone per the Indiana Design Manual for vehicular transportation infrastructure. 
3. The wireless support structure must be located on a roadway with a classification on the Noblesville Thoroughfare plan of Expressway, Primary Arterial, Secondary Arterial, or Collector. 
4. Wireless support structures are prohibited on local streets, as defined in Article 2 of the Unified Development Ordinance.
5. The applicant must make reasonable efforts to avoid obstruction or location in front of existing ground signage and entry features.  Whenever feasible, the facilities shall be placed so as to not be located within 10 feet of edge of the ground signage or entry feature.  

Effective on: 1/24/2017

New wireless facilities and wireless support structures shall meet the following specifications:

1. Maximum Height – the wireless support structure shall not be taller than adjacent existing utility poles within one thousand three hundred and twenty (1,320) feet.  If there are no existing utility poles, the wireless support structures may be no more than forty (40) feet in height in residential areas and fifty (50) feet in height in non-residential areas.  
2. Support structures must be metal or fiberglass poles matching the City’s street light poles, per the Noblesville Standards contained in Appendix F of the Unified Development Ordinance, which may be amended from time.  The support structures, cabinets, and any antenna mounted to the support structures shall be painted Deep Hemlock (Porter Paints, Color No., 6348-5).
3. At a minimum, new wireless support structures shall be a monopole constructed to support the initial user plus the anticipated loading of one additional user. 
4. Any proposed wireless support structure shall be designed and engineered structurally, electrically, and in all other respects, to accommodate both the initial wireless facility and one additional wireless facility.
5. 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 forty (40) cubic feet and no greater than forty-eight (48) inches overall height.  Under special circumstances based on a mutual agreement, the permit authority may allow a pole mounted cabinet with dimension not exceeding twenty (20) inches by twenty (20) inches by six (6) inches (20” x 20” x 6”) and a ground mounted cabinet not to exceed two (2) feet by two (2) feet by one (1) foot (2’ x 2’ x 1’).  If a pole mounted cabinet is permitted the facility will need to include additional shrouding and landscaping to mitigate the visual impact of the equipment.  If a mutual agreement can not be reached, then the City of Noblesville Board of Public Works shall intervene and make a determination. 
6. All support structures shall have a plaque identifying the structure, the owner, and the owner’s contact information.  This plaque shall not exceed 0.25 square feet.
7. All wiring and fiber for the facility shall be concealed within the support structure and all conduit, wiring, and fiber shall be buried between structures and/or structures and ground mounted cabinets.  All service lines, including fiber optic and electric lines, to the support structure must also be buried unless service lines in the area of the support structure are aerial.  If the aerial service lines are located on the opposite side of the street or roadway the service drop crossing would need to be bored and placed under such street or roadway.  No aerial crossings or pavement cuts are permitted.  
8. If relocation of wireless support structures is necessary to accommodate vehicular and/or pedestrian transportation improvements, the wireless support structure is to be moved at the utility company’s expense.
9. Wireless support structures must be separated from existing underground utility facilities per industry standards.  For larger diameter pipes (water, gas, sewer, etc.) the support structure must be offset the depth of the pipe, with a minimum of three feet separation.  
10. The wireless support structure and wireless facilities shall comply with the requirements of the Building Code of the State of Indiana, as amended, the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC) when applicable.  
11. 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 Building Code of the State of Indiana, as amended, and the Electronics Industry Association.
12. All wireless facilities and support structures shall be designed to conform to accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code, as amended.
13. All wireless facilities and support structures shall be constructed to conform to the requirements of the Occupational Safety and Health Administration (OSHA).
14. 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. 

Effective on: 1/24/2017

A person receiving a permit for construction of a new wireless support structure, substantial modification of a wireless support structure, or co-location of wireless facilities on an existing structure inherently agrees that if the wireless support structure or wireless facilities are not used for a period of six (6) consecutive months they will be removed by the facility owner at their expense.  Should such owner fail to remove the wireless support structure or wireless facilities after thirty (30) business days from the date a Notice of Violation is issued by the City, the City may remove such structure or facilities and bill the owner for the costs of removal and cleanup of the site.} ORD #01-01-17

Effective on: 1/24/2017

1. Sexually Oriented Business Uses are permitted in the General Business and Planned Business zoning classifications as per the Official Schedule of Uses and all other adopted regulations.

Effective on: 9/24/2013

For purposes of this section, separation distances are measured in a straight line, without regard to intervening structures, from the protected use’s property line to the building of the sexually oriented establishment. If the business is located in a multi-tenant building, the straight line shall extend to the walls of the sexually oriented business’s premises. All sexually oriented businesses are subject to the following location restrictions:

1. No sexually oriented business shall be permitted in a residential zoning district or within 1,000 feet of a residential zoning district.
2. No more than one (1) sexually oriented business shall be located within a single building and no sexually oriented business shall be located within 1,000 feet of another sexually oriented business.
3. No sexually oriented business shall be permitted to be located within 1,000 feet from any of these pre-existing protected uses: religious institutions, schools (K-12), parks and playgrounds, libraries, museums, childcare centers, and community gateways as measured from the right-of-way line.
4. No sexually oriented business shall be permitted to be located within 1,000 feet from any property owned by these protected uses at the adoption of this Ordinance: religious institutions, schools (K-12), parks and playgrounds, libraries, museums, childcare centers, and community gateways { State Road 32/State Road 37; Interstate 69/Campus Parkway; Hazel Dell Road/146th Street; Allisonville Road/146th Street; Gray Road/146th Street; Gray Road and Moontown Road/State Road 32; State Road 37/186th Street; State Road 19/206th Street and Hague Road/Carrigan Road)} measured from the right-of-way line. ORD. 13-3-09
5. No sexually oriented business shall be located in the Village Center or Downtown zoning districts.
6. {Refer to Appendix L – Map of Potential Sites for Sexually Oriented Businesses.} ORD. #13-3- 08

Effective on: 9/24/2013

The purpose of this section is to carry out the public policy of banning the public display of sexually explicit images and messages and establishing that the business be aesthetically consistent with its adjacent properties to minimize the impact on surrounding property values.

1. Primary signs shall contain no photographs, silhouettes, drawings or pictorial representations in any manner. All sexually-oriented businesses are also subject to sign regulations as per Article 11 in addition to the following conditions:
   1. Each letter forming a word on a primary sign shall be of solid color, and each such letter shall be the same print-type, size, and color. The background behind such lettering on a display surface of a primary sign shall be of a uniform and solid color.
2. Signage may be illuminated, provided, however, such illumination shall not be by way of exposed neon, exterior lighting (i.e. spot or floodlights), or any flashing or animated lights (either interior to the sign, exterior of the sign, or as a border to the sign).
3. Painting of the exterior with any design that would simulate a sign or advertising message is prohibited.
4. The exterior appearance of the establishment shall be consistent with the structures from the abutting properties to conform to the character of the area, which shall include but is not limited to materials and architectural style.
   1. The exterior portions of the establishment shall not be painted any color other than a single achromatic color unless the following conditions are met:
      1. The establishment is part of a commercial multi-tenant center; and
      2. The exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the business, are painted the same color as one another or are painted in such a way to be a component of the overall architectural style or pattern of the commercial multi-unit center.
5. The merchandise or activities of the establishment are prohibited from being displayed publicly.
6. All off-street parking areas and structure entryways of the sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system, which provides an average maintained horizontal illumination of one (1.0) foot candle of light on the parking surface and/or walkways. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the sexually oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premise.
   1. Bulk Requirements
      All sexually oriented businesses shall comply with the bulk requirements of the appropriate zone classification as per the established districts set forth in Article 8 Zoning Districts.

Effective on: 9/24/2013

1. Mainstream Media Outlets
   These are mainstream media shops, video stores, bookstores, and newsstands in which adult media constitutes between 10 and 40 percent of the stock in trade or occupies between 10 and 40 percent of the gross public floor area and are subject to the following conditions:
   1. Location Restrictions
      Mainstream media outlets shall be permitted in all zones that allow other media outlets and shall be subject to the separation conditions of Section {2.} A complete listing of permitted districts is provided in Appendix C, Use Matrix. ORD. 13-3-08, ORD. #25-7-09.
   2. Design Requirements
      Adult media in a shop to which this section is applicable shall be kept in a separate room or section of the shop, which room or section shall:
      1. Not be open to any person under the age of 18;
      2. Be physically and visually separated from the rest of the store by an opaque wall of durable material, reaching at least eight feet high or to the ceiling, whichever is less;.
      3. Be located so that the entrance to it is as far as reasonably practicable from media or other inventory in the store likely to be of particular interest to children;
      4. Have access controlled by electronic or other means to provide assurance that persons under the age of 18 will easily not gain admission and that the general public will not accidentally enter such room or section and provide continuous video or window surveillance of the room by store personnel; and
      5. Provide signage at the entrance stipulating that persons under 18 are not permitted inside.
2. Sexually-Oriented Retail Establishments
   ​These establishments include adult media stores and sex shops and are subject to the following conditions:
   1. Location Restrictions
      Sexually oriented retail establishments shall be limited to intensive commercial zones and shall be subject to the separation requirements of Section {2.} A complete listing of permitted districts is provided in Appendix C, Use Matrix. ORD. #13-3-08, ORD. #25-7-09
3. Sexually-Oriented On-Premise Entertainment These establishments include adult motion picture theaters and adult cabarets. The purpose of this section is to prohibit specified sexual activities and other public sexual conduct and enforce Indiana Code 35-45-4 while leaving open alternative channels for protected speech.
   1. Location Restrictions
      Sexually oriented on-premise entertainment establishments shall be limited to zones that allow for adult motion picture theaters and adult cabarets and shall be subject to the separation requirements of Section {2.} A complete listing of permitted districts is provided in Appendix C, Use Matrix. ORD. #13-3-08, ORD. #25-7-09
      1. No sexually oriented on-premise entertainment business shall be permitted to be located within 1000 feet from any of these pre-existing protected uses: religious institutions, schools (K-12), parks and playgrounds, libraries, museums, childcare centers, and community gateways as measured from the right-of-way line.
   2. Design Requirements
      1. Adult Cabarets
         All entertainers are required to perform in an area that meets the following requirements:
         1. The performance area shall only occur in a room of at least 1,000 square feet.
         2. The performance area shall be separated from areas where patrons are permitted by a minimum of six (6) feet which shall be separated by a solid barrier or railing of which shall be a minimum of at least three (3) feet from the floor;
         3. The performance area shall be on a stage or platform, which is at least eighteen (18) inches above the immediate floor level.
         4. The sexually oriented business establishment shall provide separate dressing room facilities for female and male performers that shall not be occupied or used in any way by anyone other than performers.
         5. The sexually oriented business establishment shall provide access for performers between the stage and the dressing rooms that is completely separated from the patrons. If such separate access is not physically feasible, the establishment shall provide a minimum four foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers which prevents any physical contact between patrons and performers.
      2. Adult Motion Picture Theaters
         1. The showing of films, motion pictures, video cassettes, slides or similar photographic reproductions may only occur in rooms greater than 600 square feet in size.
         2. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access and an illumination of not less than two (2.0) foot candle as measured at the floor level. The lighting shall be shown on the required sketch or diagram of the premise.

Effective on: 9/24/2013

The purpose for restricting the following uses from the Noblesville community is to eliminate the actual or potential direct one-on-one contact between an entertainer (and/or another employee) and a customer where the purpose of the employee is to display their body in order to excite the customer sexually. The prohibition of these uses is intended to promote the health, safety, morals, and general welfare of the citizens of Noblesville by preventing the potentially adverse secondary effects of these businesses that includes, but is not limited to reducing the possibility of prostitution and drug dealing.

1. Lingerie modeling studio
2. Massage studios that do not comply with Title XI, Chapter 113 of the Noblesville City Code of Ordinances;
3. Video-viewing booths or arcades; and
4. Nude model studios.} ORD. #57-9-04

Effective on: 9/24/2013

Public service facilities shall be a permitted use in all zoning districts. These regulations are intended to provide for sensible and reasonable land use standards to allow for the provision of reliable public utility service to all structures in the City of Noblesville. At the same time, there is a need to minimize the adverse, undesirable visual effects of the facilities while still allowing them in locations that do not drive up the cost of the improvements.

Effective on: 9/24/2013

1. No structure shall be located within one hundred fifty (150) feet of any structure on another lot.
2. All structures must meet the minimum setback and/or buffer yard requirements for the zoning district in which it is located.
3. All outdoor above ground facilities shall be completely surrounded by a masonry wall or fence. Fences may be constructed of wrought iron, vinyl, vinyl coated chain link, or wood. Uncoated chain link is prohibited.
4. Landscaping shall be provided on all sites.
   1. Those facilities that are surrounded by a fence or wall shall provide evergreen canopy trees at a rate of ten (10) feet on center and a minimum height of six (6) feet at the time of planting around the entire perimeter of the fence.
   2. If the facility is surrounded by a masonry wall, the spacing of the evergreen canopy trees may be increased to a rate of twenty (20) feet on center.
   3. Those facilities that include a building not surrounded by a fence or wall shall comply with the building base landscape requirements set out in Article 12.0.6.
5. Buildings 200 square feet in size or less shall be finished in brick, masonry, native stone, integral color CMU, horizontal wood lap siding, stucco, EIFS, or split faced block. No metal, unfinished concrete, or vinyl or aluminum siding shall be permitted.
6. Buildings more than 200 square feet in size shall be required to meet the architectural requirements for non-residential uses contained in Article 4.B.6.
7. Any facilities that requires a parking area of more than 2 spaces shall be required to meet the parking lot landscape requirements set out in Article 12.0.5.
8. No outdoor storage shall be permitted unless on a lot zoned I-1 or I-2 and the outdoor storage area must comply with the requirements for those zoning districts.
9. All lighting shall comply with the standards of Article 13.0.2. In those instances where stronger lights are needed for emergency work, lights shall be on a switch, and lights shall be directed downward, and away from adjoining property and roadways.

Effective on: 9/24/2013

All Public Service Facilities shall meet the requirements contained in this part. If all regulations are met, such permits shall be administratively approved. If any regulation will not be met, the applicant shall submit a request for variance.} ORD. #23-6-10

Effective on: 9/24/2013