CHAPTER 19-5.
SUPPLEMENTARY DISTRICT REGULATIONS.

19-5-1 Qualifications and Supplementations to District Regulations.

The regulations hereinafter set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in these regulations.

(A)    Accessory Buildings. Accessory buildings, as regulated herein, are permitted in any district. No detached accessory building hereafter constructed shall occupy a required front yard or be located within ten (10) feet of any dwelling existing or under construction on the building site, except that a detached garage of which the minimum distance shall be five (5) feet. No single accessory building in a residence district shall occupy more than thirty (30) percent nor shall all such buildings collectively occupy more than forty (40) percent of the required yard spaces in the rear half of the lot. No accessory building shall be located in any required side or front yard.

(B)    Accessory Uses. An accessory use, as regulated herein, is permitted in any district where the principal use to which it is accessory is permitted.

(C)    Conversions of Existing Structures. All conversions of existing structures to another use must conform to all the requirements of these regulations and obtain a land use permit from the Zoning Administrator.

(D)    Height Limitations.

(1)    The height limitations of these regulations shall not apply to church spires, belfries, cupolas, penthouses, and domes not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, bulk heads, other similar features, and necessary mechanical appurtenances usually carried above the roof level.

(2)    The provisions of these regulations shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than five (5) feet.

(E)    Lot Coverage. In calculating the percentage of lot coverage or required yards for the purpose of applying these regulations, the features of a structure, as hereafter set forth, shall not be included as coverage nor be considered an infringement into the required yards:

(1)    Unenclosed steps, stairways, landings, and stoops not extending above the ground level.

(2)    Unenclosed surfaced walks and driveways.

(3)    Fence or trestles not exceeding six (6) feet. In residence districts, fences in front yards shall be open.

(4)    Retaining walls not more than eighteen (18) inches higher than the grade of the ground retained.

(5)    Flue or fireplace chimney attached to the main building.

(6)    Bay windows extending not more than eighteen (18) inches from the main building.

(7)    Cornices, canopies, and eaves not extending more than three (3) feet.

(8)    Open fire escape not projecting into a required side yard more than half the width of such yard.

(9)    Fire escapes, solid floor balconies, and enclosed outside stairways projecting to within twelve (12) feet of the rear lot line.

(10)    For the purpose of the side yard regulations, a two-family dwelling or a multiple-family dwelling shall be considered as one building occupying one lot.

(F)    Fences. Except as otherwise specifically provided in other codes, ordinances, or resolutions, the following regulations shall apply to the construction of fences:

(1)    No fence shall be constructed which will constitute a traffic hazard, and no fence shall be constructed in a required front yard unless the Zoning Administrator has certified that the proposed fence will not constitute a traffic hazard.

(2)    No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals.

(3)    No person shall erect or maintain any fence which will materially damage the adjacent property by obstructing the view, shutting out the sunlight, or hindering ventilation or any fence which shall adversely affect the public health, safety, and welfare.

(4)    No fence, except fences erected upon public or parochial school grounds or in public parks and in public playgrounds, shall be constructed of a height greater than six (6) feet; provided, however, that the Board of Zoning Appeals may, by exception, authorize the construction of a fence higher than six (6) feet if the Board finds the public welfare is preserved.

(5)    All fences shall conform to the construction standards of all other applicable codes, ordinances, and resolutions.

(G)    Building Setback Lines. Building setback lines are hereby established for all arterial and collector streets, as shown on the approved major street plan. The setback lines, as established in this section, shall be held to be the minimum for the purpose of promoting the public health, safety, morals, order, convenience, and economy in the process of development and shall conform with the following requirements:

(1)    Arterial Streets: No building or structure, which fronts or sides on an arterial street, shall be located nearer to the centerline of the arterial street than the sum of the required front yard (in feet) plus fifty (50) feet.

(2)    Collector Streets: No building or structure, which fronts or sides on a collector street, shall be located nearer to the centerline of the arterial street than the sum of the required front yard (in feet) plus forty (40) feet.

(H)    Temporary Uses. The following uses of land are allowed with special zoning permit in each district unless specifically restricted to particular districts and are subject to the regulations and time limits which follow and to the other applicable regulations of the district in which the use is permitted:

(1)    Carnival or circus may temporarily be located in any district. Such use shall comply with the yard requirements and other restrictions that the Governing Body may place on such use to protect the public welfare.

(2)    Christmas trees sales may temporarily be located in any district except residential districts, for a period not to exceed sixty (60) days. Such use shall comply with the yard requirements and other restrictions that the Governing Body may place on such use to protect the public welfare.

(3)    Concrete and asphalt batching plants are permitted temporarily in any district when being used as part of a local construction project. Such use shall comply with the yard requirements and other restrictions that the Governing Body may place on such use to protect the public welfare.

(4)    Contractor’s office and equipment sheds or manufactured homes accessory to a local construction project and to continue only during the duration of such project. Such use shall comply with the yard requirements and other restrictions that the Governing Body may place on such use to protect the public welfare.

(5)    Seasonal sale of farm produce grown on the premises in an agricultural or residential district to continue for not more than six months per year. Such use shall comply with the yard requirements and other restrictions that the Governing Body may place on such use to protect the public welfare.

(6)    Fireworks may be sold from an outside stand in Planned Development districts during June and July when all other applicable regulations have been met and such stand is removed other times of the year. Such use shall comply with the yard requirements and other restrictions that the Governing Body may place on such use to protect the public welfare.

(7)    Promotional activities of retail merchants involving the display and sale of goods may periodically be displayed outside an enclosed building when the goods are of a type generally sold within the building. These provisions shall in no way be deemed to authorize the outdoor display or the sale of used furniture, used appliances, used plumbing, used housewares, used building material, or similar display or sale in any business districts, unless permitted by other sections of these regulations.

(8)    Periodic conduct of what is commonly called “garage or yard sales” which do not exceed a period of more than three (3) days at any one sale and no more than three (3) sales at a dwelling during any calendar year. These uses do not require a zoning permit or approval of the Governing Body unless it is required by other regulations, codes or resolution.

(I)    Home Occupations. Home occupations that are customarily incidental to the principal use of a residential building shall be permitted where indicated by the district regulations provided the residential appearance of the building is maintained and no undue traffic or parking problems are created.

Use Limitation. In addition to all of the use limitations applicable to the district in which it is located, no home occupation shall be permitted unless it complies with the following restrictions:

(1)    The home occupation shall be conducted entirely within the principal residential building or in a private garage or accessory structure.

(2)    No alteration of the principal residential building shall be made which changes the character thereof as a dwelling or causes goods to be displayed visibly from the dwelling or on the grounds; provided the latter is not otherwise permitted by other sections of these regulations.

(3)    No sign shall be permitted other than one (1) business sign not to exceed four (4) square feet.

(4)    No more than twenty-five (25) percent of the area of the dwelling shall be devoted to the home occupation; provided, however, that rooms let to roomers are not subject to this limitation.

(5)    There shall be no outdoor storage of equipment or materials used in the home occupation.

(6)    Goods or stock for sale on or off the premises may be stored in enclosed areas except articles which may constitute a hazard to the safety of adjacent property owners.

(7)    No equipment shall be used which shall create undue noise, vibration, electrical interference, smoke or particle matter emission, power demands, or odors which would exceed that produced by normal household equipment.

(8)    No more than one (1) person, other than a member of the immediate family occupying such dwelling unit, shall be employed.

(9)    The following activities are prohibited as home occupations:

(a)    Automobile sales and repair.

(b)    Motorcycle sales and repair.

(c)    Farm machinery sales.

(d)    Sale of salvage.

(e)    Kennels.

(f)    Sale of liquor.

(g)    Sale of cereal malt beverages.

(h)    Sale of food for consumption on the premises.

(i)    Sale of clothing.

(J)    Number of Principal Structures Per Lot. Where a lot or tract is used for a nonresidential purpose, more than one principal use may be located upon the lot or tract but only when the building or buildings conform to all yard and open space requirements for the district in which the lot or tract is located.

(K)    Sign Distance at Intersections. On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and one-half (2 1/2) and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines ninety (90) feet from the point of the centerline intersection.

(L)    Permitted Obstructions in Required Yards. The following shall not be considered to be obstructions when located in a required yard:

(1)    In all yards: Open terraces not over four (4) feet above the average level of the adjoining ground, but not including a permanent roof over a terrace or porch; awnings or canopies; steps four (4) feet or less above grade which are necessary for access to a permanent structure or for access to a lot from a street or alley; one story bay windows and overhanging eaves and gutters projecting thirty-six (36) inches or less into the yard; chimneys projecting thirty-six (36) inches or less into the yard; arbors and trellises; flagpoles; ornamental light and gas fixtures; and permitted signs.

(2)    In any yard except a side yard or a front yard adjoining a street: Permitted accessory uses; recreational and laundry drying equipment; and open and closed fences not exceeding eight (8) feet in height.

(3)    In a side yard or a front yard adjoining a street: Open and closed fences not exceeding eight (8) feet in height; provided that such fence shall not intrude within the required sight distance at intersections.

(M)    Lots to Have Access. Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.

(N)    Yard Requirements for Open Land. If a lot is or will be occupied by a permitted use without structures, then the minimum setback and minimum side and rear yards that would otherwise be required for such a lot shall be provided and maintained unless some other provision of these regulations requires or permits a different minimum setback, front, side, or rear yard. The front, side, and rear yards shall not be required on lots used for open public recreation areas.

(O)    Lot Size Requirements and Bulk Regulations for Public Utility Facilities. Not-withstanding any other provision of these Regulations, none of the following public utility or public service uses shall be required to comply fully with the lot size requirements and bulk regulations of the zoning district in which they are located except as may be determined by the Board of Zoning Appeals where a special use permit is required in certain districts:

(1)    Electrical and telephone substations.

(2)    Gas regulator stations.

(3)    Pumping stations.

(4)    Radio, television, and microwave transmitting or relay stations and towers.

(5)    Water towers or standpipes.

(P)    Sewer and Water Facilities.

(1)    In all districts except agriculture, it is the intention of these Regulations to encourage the installation of public water supplies and sewerage disposal systems or to connect to such systems, if available for use, and provided within an economically feasible distance.

(2)    In areas where such public facilities are not yet available and on-site wells, cisterns, and septic tank systems or lagoons are necessary, the suitability of the lot(s) and the standards for installation of such on-site water supply and sewerage disposal systems shall be governed by the standards set forth in the Potawatomi Environmental and Sanitation Code.

(Q)    Protection of Sewers and Utility Lines. No building or addition thereto shall be erected over or across any public sewer or utility line nor upon any platted or recorded easement unless permission is granted in writing by the Governing Body and the public utility whose lines are involved, if any.

(R)    Dedication of Rights-of-Way and Easements. The Governing Body, after receiving a recommendation from the Planning Commission, may require the dedication of additional street rights-of-way and/or easements for utilities as a condition related to a change in zoning on a lot due to the increased intensity of use by either requiring that the lot be platted or replatted according to the Subdivision Regulations in this Title or, in lieu of platting by a legal document, making such required dedications to the Potawatomi Nation.

(S)    Vacated Rights-of-Way. Whenever any road, street, alley, railroad, or other right-of-way is vacated by official action of the Governing Body, the current zoning district(s) for such right-of-way shall remain in effect after such vacation, unless procedures are initiated to amend the district classification.

(T)    Moving Structures. No structure shall be moved into the zoning jurisdiction, nor from one location to another location within the zoning jurisdiction, unless such structure shall, when relocated, be made to conform fully with these regulations and other codes of the zoning jurisdiction. No zoning permit shall be issued unless the general height and outward appearance of such structure conforms to other structures in the immediate area to which it is to be moved and in the area opposite to such an extent that its relocation shall not be detrimental to the appearance or have no substantial adverse effect on property values of the adjacent properties.

(U)    Location or Replacement of Manufactured Housing. Notwithstanding other provisions of these Regulations, the Zoning Administrator is authorized to issue a zoning permit for a manufactured housing unit under the following provisions:

(1)    Wherever a manufactured housing unit is moved from a lot within a district in which it is a permitted use, another manufactured housing unit may be moved onto the lot. In the case of a nonconforming manufactured housing unit use, such a move must take place within six (6) months from the date that the previous manufactured unit was moved off the lot, otherwise such use shall not thereafter be resumed; provided, however, that any nonconforming manufactured housing unit in a flood plain area may not be replaced. In reestablishing such manufactured housing units after such moves, any existing nonconforming lot size requirements or bulk regulations shall not be increased in their nonconformity, and all such manufactured housing shall be skirted or placed on a foundation within sixty (60) days after being moved onto a lot.

(2)    In the event of disasters, such as fires, tornadoes, or floods, whereby expediency is an important factor, a manufactured home may be located in any district at the discretion of the Zoning Administrator with appropriate conditions attached and for a stated period of time.

(3)    Where an unusual hardship is shown, the Board of Zoning Appeals may approve a special use permit for a manufactured home to be located on a lot or tract with an existing dwelling for a stated period of time. A time period may be extended upon request to the Board of Zoning Appeals without further notice or fee.

(4)    In no event shall a manufactured home be used for the temporary or permanent storage of goods in any district.

19-5-2 Family Homestead and Family Farm Exemptions.

Land may be subdivided for the purpose of allowing a parcel of property to be used for a family homestead or for perpetuation of a family farm. The parcel may be subdivided, regardless of the density assigned to the property by these Regulations, provided:

(A)    The parcel to be subdivided as a homestead was in existence, and owned by the person or party wanting to provide a homestead for a relative (one of the relatives listed in the definition of family homestead in Section 19-11-1), prior to January 1, 1970;

(B)    The parcel to be subdivided to perpetuate a family farm was in existence, and owned and operated for agricultural purposes by the person or party wanting to provide for the perpetuation of the family farm for a relative (one of the relatives listed in the definition of family homestead in Section 19-11-1), prior to January 1, 1995. The recipient must continue to work in the family business and reside on the property;

(C)    The individual receiving the subdivided parcel, for either of the above exemptions, has not previously been the recipient of a parcel created under these same provisions; and

(D)    All resulting parcels created under this provision meet all other provisions of these Regulations. Notwithstanding the above, no quarter of a quarter-section shall exceed a density of 8 dwelling units within that 40 acres.