(a) All accessory buildings shall require minimum side yards and minimum rear yards of five (5) feet.

(b) No more than two (2) accessory buildings are permitted for any residential zoned lot. One storage shed per residential lot shall be permitted, provided that it shall not exceed one hundred sixty (160) square feet in area. The total area of all accessory buildings located on the lot shall not exceed two hundred fifty (250) square feet.

(c) Accessory buildings shall not exceed the lesser of fourteen (14) feet or one story in height as measured from existing grade to the roof peak of the structure.

(d) The provisions in this section 24-461 apply to all accessory structures, except for garages which are regulated by section 24-462.

(a) Detached residential garages in a residentially zoned area shall have a minimum of five (5) linear feet of side yard and five (5) linear feet of rear yard measured from the farthest projection or extension of the garage.

(b) The total square footage of all residential garages, whether attached or detached, shall not exceed one thousand one hundred (1,100) square feet per residential lot or parcel. Detached garages are prohibited on lots with a lot area less than one acre. If a lot is thirty thousand (30,000) square feet or larger in area, then an additional five hundred forty (540) square feet of garage area shall be allowed in addition to the allowable one thousand one hundred (1,100) square feet.

(c) Detached residential garages shall not exceed the lesser of fourteen (14) feet or one story in height as measured from the existing grade to the roof peak of the structure. Attached residential garages shall not exceed the height of the highest ridge line of the residence to which said garage is attached. Further, no detached or attached residential garage shall have a finished ceiling height exceeding ten (10) feet from existing grade.

(d) No commercial storage or use shall be allowed in any garage in a residential zoned district.

(a) Development plans for the erection or structural alteration of any automobile service station shall be approved by the Plan Commission. The Plan Commission may require such change therein in relation to yards, landscape treatment, locations of pumps, buildings, floodlights, surfacing and construction of buildings as it deems best suited to ensure safety to minimize traffic difficulties and to safeguard adjacent properties.

(b) The construction of buildings, accessory structures, including above ground and below ground tanks, containers and enclosures, shall comply with all local, state and federal regulations.

(c) Automobile service stations shall comply with the following additional requirements:

(a) Compliance required. It shall be unlawful to construct, maintain, install or enlarge any swimming pool in the Town except in compliance with all the provisions of this section.

(b) Location. No portion of an outdoor swimming pool shall be located at a distance of less than ten (10) feet from any side or rear property line or building line, and no less than twenty (20) feet from any existing dwelling unit on abutting property, nor at any other location where a structure is prohibited under the other terms of this zoning chapter. Pumps, filters, and pool water disinfection equipment installations shall be similarly restricted to the requirements of this paragraph. No swimming pools shall be located on an easement and all swimming pools shall be located beyond (towards the rear building line) the actual location of the furthest projection of the rear of any residence.

(c) Permit required. It shall be unlawful to proceed with the construction, installation, enlargement, or alteration of any swimming pool and appurtenances within the Town unless a zoning permit, electrical permit, and building permit have first been obtained from the Town in accordance with the procedures set forth in this chapter.

(d) Permitted uses. Private swimming pools shall be permitted in all open space and residential zoning districts and in other districts only by way of variance of use from the Board of Zoning Appeals.

(e) Size of swimming pools. Swimming pools installed on lots of less than twelve thousand (12,000) square feet shall not be greater than eight hundred (800) square feet. Swimming pools installed on lots between twelve thousand (12,000) square feet and twenty thousand (20,000) square feet shall not be greater than nine hundred (900) square feet. Swimming pools installed on lots of twenty thousand one (20,001) square feet or greater shall not be greater than one thousand (1,000) square feet.

(f) Drawings, plans, and permits.

(g) Recirculation pools. All swimming pools shall be of the recirculation type in which circulation of the water is maintained through the swimming pool by pumps and the water removed from the swimming pool shall be clarified and disinfected before being returned to the swimming pool.

(h) Materials. Swimming pool walls and floors shall be constructed of any impervious material which will provide a tight tank with white or light colored finish and easily cleaned surfaces. The floor or bottom surface of the swimming pool shall have a non-slip finish as smooth as possible. The side and end walls of a swimming pool shall present a smooth finish and shall be vertical to a depth of at least six (6) feet or shall have a slope or curvature meeting one of the following conditions:

(i) Structural design. The slope of the bottom of any part of a swimming pool in which the water is less than five (5) feet in depth shall be not more than one foot deep for each ten (10) feet of diameter. The maximum slope where water is five (5) feet or more in depth shall not exceed one foot in depth to every two (2) feet in diameter.

(j) Walk areas. Unobstructed walk areas of not less than thirty-six (36) inches shall be provided to extend entirely around any in-ground swimming pool. The walk area shall be constructed of impervious material and the surfaces shall be such as to be smooth and easily cleaned and of non-slip construction. The slope of the walks shall have a pitch of at least one-fourth (¼) inch to the foot, designed to prevent back drainage from entering the swimming pool.

(k) Fences. All outdoor swimming pools shall be completely enclosed by a fence. Any type of swimming pool may be enclosed by a fence, which provides a continuous barrier to the portion of the yard where the swimming pool is located. An in-ground swimming pool may be secured by an automatic locking cover as an alternative to such a fence. In all cases, the fence height shall be at least five (5) feet but no greater than six (6) feet in height above grade. A permanent fence shall be installed within thirty (30) days from the pool installation completion.

Retractable stairs, which are self-latching, are acceptable substitutes for closing gates. All fences openings or points of entry into the swimming pool area enclosures shall be equipped with gates. The gates shall be at least five (5) feet but no greater than six (6) feet in height above grade. All gates shall be equipped with self-closing and self-latching devices placed at the top of the gate. Fence posts shall be decay or corrosion-resistant and shall be set in concrete bases, or pursuant to manufacturer's specifications.

(l) Steps and ladders. In every in-ground swimming pool, at least two (2) or more means of egress in the forms of steps or ladders shall be provided. In every above-ground swimming pool, one ladder which can be removed or placed in such a position as not to allow entry into said pool shall be provided.

(m) Drains. Swimming pools shall be equipped with facilities for completely emptying the swimming pool and discharge of the swimming pool water to the storm sewer shall be at a rate not exceeding two hundred (200) gallons per minute. No direct connection shall be made to the storm sewer. Swimming pool pumps are an acceptable means for emptying a pool. Water drained from the swimming pool shall not be discharged into the storm sewer system during periods of rains or storms.

(n) Electrical requirements.

(o) Inspection. The building inspector and/or Code Enforcement officer periodically may inspect any swimming pools to determine whether or not the provisions of this chapter have been complied with and are being maintained.

(p) Permit fees. The fee for a permit for the erection or construction of a private swimming pool shall be as set forth in the Town permit fee schedule. Electrical fees shall be in addition to the foregoing fee.

(a) The excavations from or deposits on the earth of rock, stone, gravel, sand, earth, minerals, or building or construction materials shall not be construed to be a permitted use in any zoning district established by this chapter unless and until a permit shall first have been secured therefore, except for the following defined extractions and deposits:

(b) The Plan Commission shall have the power to grant conditional use permits, revocable and valid for specified periods of time, to permit extractions from or deposits on the earth of rock, stone, gravel, sand, earth, minerals or building or construction materials as set forth herein above.

(c) The zoning administrator shall make such inspections as deemed necessary or as are required by the Plan Commission to ensure that all work is in accordance with the use permit. All inspection services shall be paid for by the applicant in the amount established by ordinance.

(d) The conditions under which a conditional use permit for excavation from or depositing on the earth of said materials, may include, but are not limited to, any requirements deemed necessary to protect the public health, safety, comfort, convenience, or general welfare including insurance against liability arising from production or activities or operations incident thereto; completion of the work and cleaning up and planting in accordance with approved plans, designation of area in which work may be done; designation of the slope to which excavation may be made or the grade of filling; provisions for controlling dust; hours of operations; precautions which must be taken to provide safe traffic movements in and around and by the operation; enclosure by fences of exterior boundaries of property to be used; posted of a good an sufficient bond to assure compliance with the use permit and any other conditions deemed necessary the Plan Commission.

(a) Outdoor storage, display, sales, service, repair, and processing are prohibited in all zoning districts.

(b) The Town Manager may approve temporary outdoor storage and the outdoor storage shall be limited to a maximum of thirty (30) days.

(c) Outside display of plants and nursery stock may be approved by the BZA as a use variance and the BZA may impose reasonable conditions on such outside display.

(d) Sidewalk cafes and outdoor dining, accessory to a restaurant, may be approved by the BZA as a use variance and the BZA may impose reasonable conditions on such sidewalk cafe and outdoor dining.

(a) Applicability.

(b) Permitted placement. The establishment, location, and use of manufactured homes as permanent residences approved individually, by specific materials, or by design, shall be permitted in accordance with this paragraph, subject to requirements and limitations applying generally to such residential use in the district and provided such homes shall meet the following requirements and limitations:

(c) Exterior appearance standards. A manufactured home shall:

(d) Installation standards.

(e) Land use.

(f) Appeal. An action to review any order, requirement, decision, or determination made by an administrative official or board charged with enforcement of the zoning ordinance shall be pursuant to this chapter and IC 36-7-4-919.

(g) Penalty for violation.

(a) Any occupation is allowed for gain or support conducted entirely within a residential buildings by its occupant, which is customarily incidental to residential use of the home, that does not exceed twenty-five (25) percent of the area of any floor, uses only household equipment and no stock in trade is kept or sold except that made on the premises. A household occupation includes uses such as baby-sitting (not more than five (5) children at any given time and/or in full compliance with state law), millinery, dressmaking, canning, laundering, Avon, Mary Kay, Fuller Brush, Shaklee, Amway and similar type occupations, and crafts. It shall include the use of premises by a physician, surgeon, dentist, lawyer, clergyman or other professional person for consultation or emergency treatment but not for the general practice of the profession. Home occupation does not include the display of any goods nor such occupations as barbering, beauty shops, dance schools, real estate brokerage, photographic studios, commercial stables, or kennels.

(b) No equipment or process shall be used in such home occupation, which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio, television or telephone receivers off the premises, or causes fluctuations in line voltage off the premises.

(c) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard except that such off-street parking shall be limited to driveways not to exceed twenty (20) feet in width. In the event traffic or parking becomes a nuisance, the Town Manager is empowered to require such home occupation to cease.

(d) Home occupations shall comply with all sign regulations in article XIV.

(a) Residential care homes are allowed in the zoning district listed in section 24-45, provided that all the requirements in this section 24-471 are met.

(b) Residential care homes must be registered with the Town. The following information shall be submitted to the Town:

(c) Residential care homes for developmentally disabled individuals shall be as described in IC section 12-28-4-8 and shall be licensed by the state under a program authorized by IC section 12-11-1.

(d) Residential care homes for mentally ill individuals shall be as described in IC section 12-28-4-7, shall be licensed by the state pursuant to IC section 12-22-2-3(2)—(6) and shall not be located within three thousand (3,000) feet of any other residential care home measured between lot lines.

(e) Residential care homes for up to five (5) individuals, other than the developmentally disabled, shall comply with all state licensing provisions and shall not be located within three thousand (3,000) feet of any other residential care home measured between lot lines.

Senior housing buildings must comply with the parking, landscaping, lighting and sign requirements in articles XI, XII, XIII and XIV. Due to the unique nature of the use, bulk regulations in this section 24-472 supersede the bulk regulations in the zoning district in which the senior housing is located:

(a) Childcare facilities are allowed in the zoning districts listed in section 24-45.

(b) Childcare facilities shall provide the required parking pursuant to article XI.

(c) The Town Manager shall review the proposed childcare facility to determine that adequate drop-off and pick-up area is provided on site and that a safe, properly enclosed, adequately sized outdoor play area has been provided.

(d) Childcare facilities must comply with all applicable local, state, and federal regulations.

(a) Telecommunication towers and antennas shall comply with the following development standards:

(b) The request for a special exception for a telecommunications tower or antenna shall submit the following:

(c) If a tower is abandoned or is unused for a period of six (6) months, the owner shall remove the tower and all associated facilities from the site. Such removal shall be completed within twelve (12) months of the cessation of operations at the site. In the event that a tower is not removed within the required twelve-month period, the Town Manager may remove the tower and the associated facilities, and the costs of such removal shall be assessed against the owner of the parcel.

(d) Any telecommunications tower or antenna in existence or operation as of the effective date of the ordinance from which this chapter derives may continue to exist and operate as a nonconforming use. Such a tower or antenna may be repaired, reconstructed, replaced or maintained without a variance or special exception approval so long as the use is not substantially altered and the height of the antenna or tower is not increased.

(a) Applicability. In the case of a satellite receiving dish or antenna that is regulated by state or federal law, the state or federal law shall apply. A satellite receiving dish that is not more than two (2) feet in diameter is not subject to the regulations of this section 24-477.

(b) Location and size.

(c) Landscaping. Each satellite receiving dish or antenna shall be landscaped to completely screen three (3) sides of the dish or antenna from public view. Acceptable landscaping includes planting of trees not less than two (2) inches in diameter, shrubs, bushes or flowers no smaller than two (2) feet in height, or decorative steps, wood chips or and combination thereof. Fencing may be substituted for landscaping upon approval of the Town zoning administrator.

(d) Height. No satellite receiving dish or antenna or portion thereof shall exceed a height of twelve (12) feet above the grade unless specifically allowed in another section of this chapter, as amended from time to time. Height is the verified measurement from the ground level adjoining the foundation of the satellite receiving dish or antenna to the extreme projection of the dish, the antenna, its supporting structure or any attachments, thereto.

(e) Roof and wall mounts. A satellite receiving dish or antenna may be mounted on a roof or wall of a building/structure provided that it meets the following conditions:

(f) General conditions.

(g) Installation. All ground mounted satellite receiving dish mounts and antennas must be attached to a single rectangular concrete foundation which extends a minimum of four (4) inches beyond all projections of the mount to a depth of three (3) feet six (6) inches below grade.

(h) Building permit and approval. No satellite receiving dish or antenna shall be erected for use without the issuance of a building permit. Before work is commenced on the construction or erection of any satellite receiving dish or antenna, an application for permit to construct or erect, and the plans and specifications and pertinent explanatory data shall be submitted to the Town for its approval, and no part of the work shall be commenced or erected until the Town has granted such approval by a written permit to construct or erect the dish or antenna. Electrical work other than antenna communications cables shall be performed by an electrical contractor who is registered to perform work within the limits of the Town. Additionally, no permit shall be required for the installation of a television VHF or UHF antenna.

(i) Variances. The Board of Zoning Appeals of the Town may grant developmental variance in individual cases, upon a showing of good cause, with respect to the height, nature or location of the satellite receiving dish or antenna.

(j) Nonconforming satellite dishes. Satellite receiving dishes and antennas legally in existence on January 25, 1996, shall be considered as nonconforming, and are not required to comply with this section.

(a) Day spa without massage. In the zoning districts where they are allowed, they are classified as permitted use. No special license is required from the Town.

(b) Day spa with massage. This use is classified as a special exception. In addition, the owner shall apply for an annual license, subject to a criminal background check and Indiana license, if applicable. The Town may inspect the premises to ensure compliance. The Town shall hold a hearing if an owner or employee is arrested for prostitution, keeping a place of prostitution or public indecency and may revoke the license if the continued operation would permit criminal activity.

(a) Taverns, restaurants and banquet halls without live entertainment. These uses are classified as a permitted use or special exception depending on the zoning district where they are located. No special license is required from the Town unless the owner expects to obtain a liquor license.

(b) Live entertainment establishments. This use is classified as a special exception. In addition, an owner shall apply for an annual license from the Town, subject to ongoing compliance with performance standards for noise. The Town may inspect premises and surrounding areas to ensure compliance. The Town Council shall hold a hearing if the police issue a citation for noise violation and may revoke the license if the establishment fails to comply with noise regulations more than one time in a twelve-month period.

(a) Definitions. The following definitions apply to this section.

(b) General provisions. The following provisions apply to all electric-generating wind devices permitted by this section:

(c) Open space zoning districts. Lattice Towers and monopole/unipole structures with attached electric-generating wind devices are permitted in open space zoning districts subject to the following requirements:

(d) Residential zoning districts.

(e) Windspires. Windspires are allowed in all zoning districts subject to the following requirements:

(a) Definition. A community garden is defined as land managed and maintained by a public or nonprofit organization, or a group of individuals, to grow and harvest food crops and/or ornamental plants for use by a group, individuals cultivating the land and their households, or for donation. Community gardens may be divided into separate plots for cultivation by individuals or used collectively by members of a group. A community garden may be a principal or accessory use of a site.

(b) Permitted uses.

(c) Specific criteria for community gardens. Community gardens are subject to the following regulations:

(d) Permitting process for community gardens. Applicants proposing a community garden must submit a zoning permit application or land development plan (if required) identifying the following:

(e) A committee of three (3) to five (5) members, as appointed by the Town Council from time to time, shall be responsible for the operation, maintenance, and conduct of all of the permitted community gardens. Members of the committee shall serve at the pleasure of the Town Council, for a term as determined by the Town Council, and may be removed, at any time, for any reason and without cause. The committee shall be known as the Community Gardens Committee.