Article 4 – Additional General Standards
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ALLEN COUNTY ZONING ORDINANCE ARTICLE 4 – ADDITIONAL GENERAL STANDARDS Chapter 1 Purpose The purpose of this article is to provide updated and aligned additional standards, requirements, and provisions for accessory structures and uses, temporary structures and uses, development design standards, development standards waivers and exceptions, home occupations, parking, landscape standards, signs, Airport Overlay Districts, and floodplain management. Title 3 – Zoning Ordinance 9/6/2019 Chapter 1 Article 4 – Additional General Standards 157 Purpose ALLEN COUNTY ZONING ORDINANCE [this page intentionally left blank] Title 3 – Zoning Ordinance 9/6/2019 Chapter 1 Article 4 – Additional General Standards 158 Purpose ALLEN COUNTY ZONING ORDINANCE Chapter 2 Accessory Structures and Uses 3-4-2-1 Residential Accessory Structures and Uses (a) Purpose The purpose of this section is to provide standards for the placement and erection of fences, walls, hedges and similar construction or elements for the conservation and protection of property; the assurance of safety, security, and privacy; and the improvement of the visual environment, including the provision of an orderly appearance in keeping with neighborhood character. (b) Accessory Structures See the individual residential zoning district sections for the accessory structures permitted in that zoning district. (c) Fence and Wall Standards (1) Purpose The purpose of this section is to provide standards for the placement and erection of fences, walls, hedges and similar construction or elements for the conservation and protection of property; the assurance of safety, security, and privacy; and the improvement of the visual environment, including the provision of an orderly appearance in keeping with neighborhood character. (2) Permitted Materials All fences shall be constructed of customarily used materials such as chain link, split rail, split rail with welded wire mesh, masonry, wrought iron, wood, polyvinylchloride (PVC), or similar fencing material. (3) Prohibited Materials The use of materials such as corrugated or sheet metal, chicken wire, woven wire, welded wire mesh as a primary material, temporary construction fencing, snow fencing or other similar materials shall not be permitted for permanent fencing. In residential districts, a fence or wall may not be designed to cause pain or injury to humans or animals. This includes the use of spikes, broken glass, barbed wire, razor wire, nails, electric charge or similar materials. (4) Swimming Pool Fencing Any pool which meets the definition set forth in A.C.C. 3-5-6 shall comply with the residential swimming pool safety feature requirements set forth in 675 IAC 14-4.3- 296(3). In accordance with and to supplement this section access to a pool shall be restricted by one of the following: (A) A wall or fence not less than four (4) feet in height which completely surrounds the pool and deck area with the exception of self-closing and latching gates and doors both capable of being locked; or (B) A rigid power safety pool cover which meets the requirements set forth in 675 IAC 14-4.3-296(3) and which provides a continuous connection between the cover and the deck, so as to prohibit access to the pool when the cover is completely drawn over the pool; and shall be mechanically operated such that the cover cannot be drawn open or retracted without the use of a key, or a key Title 3 – Zoning Ordinance 9/6/2019 Chapter 2 Article 4 – Additional General Standards 159 Accessory Structures and Uses ALLEN COUNTY ZONING ORDINANCE and switch, or a touch pad with a personal access code. All automatic pool covers shall be kept operable and in good working order; such pool covers shall not be operated in ways that create safety or access hazards, such as being permitted to be left open for extended periods of time, or to accumulate large amounts of water on top of the cover; or (C) For above ground swimming pools, other means not less than four (4) feet high completely surrounding the pool and deck area when the pool is not in use that is deemed impenetrable by DPS staff at the time of construction. (5) Exceptions to Standards (A) Hedge or Retaining Wall A hedge or retaining wall not exceeding three (3) feet in height above the grade of the adjoining sidewalk or ground, may be located in the required front yard with no minimum setback, subject to the corner visibility provisions as defined herein. (B) Ornamental Fence An ornamental fence, as defined herein, not exceeding three (3) feet in height may be located in the required front yard with no minimum setback, subject to the corner visibility provisions as defined herein. (C) Agricultural Use Fence Fencing shall be permitted in conjunction with a permitted agricultural use. An open fence shall be permitted in a required front yard, up to four (4) feet in height. The fencing may include barbed wire or electric charge. (d) Accessory Uses See the individual residential zoning district sections for the accessory uses permitted in that zoning district. Staff may also determine that additional accessory uses may be permitted. (1) Outdoor Display Outdoor display as defined herein shall be prohibited except for yard and garage sales. Yard, garage, and similar sales on residential properties may be held up to three (3) times in a calendar year, for up to three (3) days per sale. (2) Outdoor Storage In any residential district, the outdoor storage of junk, trash, and debris as defined herein shall be prohibited. In addition, the outdoor storage of the following shall be prohibited: (A) Wrecked or dismantled automobiles; (B) Home appliances and fixtures such refrigerators, stoves, and sinks; and (C) Indoor furniture. (3) Parking and Vehicle Storage (A) Permitted Automobiles and Motor Vehicles (1) In any residential district, licensed and operable automobiles, vans, motorcycles, recreational vehicles, campers, boats, small (one-ton, Title 3 – Zoning Ordinance 9/6/2019 Chapter 2 Article 4 – Additional General Standards 160 Accessory Structures and Uses ALLEN COUNTY ZONING ORDINANCE panel or pickup) trucks, and pull trailers up to 100 square feet in size shall only be permitted to be parked in a driveway or on an improved surface directly connected to a driveway. (2) Tractors or similar motor vehicles used in conjunction with a permitted agricultural use (3) In an A1 district, on parcels that are over five (5) acres, two of the following motor vehicles may be parked outside: (i) School, religious institution, or similar buses; (ii) Semi-trailers; (iii) Semi-trucks; (iv) Large pick up or panel trucks (over one ton); and (v) Pull-behind trailers over 100 square feet in size. (B) Prohibited Automobiles and Motor Vehicles The vehicles noted below shall be prohibited to be parked or otherwise stored outside of a public right-of-way in residential districts unless permitted in (3)(A)(3) above: (1) Inoperable or unlicensed automobiles, motorcycles, vans, recreational vehicles, campers, boats, small (one-ton, panel or pickup) trucks or other similar vehicles; (2) School, religious institution, or similar buses; (3) Semi-trailers; (4) Semi-trucks; (5) Large pick up or panel trucks (over one ton); (6) Pull-behind trailers over 100 square feet in size; (7) Tractors or similar motor vehicles used in conjunction with a permitted agricultural use; and (8) Other large commercial vehicles not otherwise listed. 3-4-2-2 Nonresidential Accessory Structures and Uses (a) Purpose The purpose of this section is to provide standards for the placement and erection of fences, walls, hedges and similar construction or elements for the conservation and protection of property; the assurance of safety, security, and privacy; and the improvement of the visual environment, including the provision of an orderly appearance in keeping with neighborhood character. (b) Accessory Structures See the individual residential zoning district sections for the accessory structures permitted in that zoning district. Title 3 – Zoning Ordinance 9/6/2019 Chapter 2 Article 4 – Additional General Standards 161 Accessory Structures and Uses ALLEN COUNTY ZONING ORDINANCE (c) Fence and Wall Standards (1) Purpose The purpose of this section is to provide standards for the placement and erection of fences, walls, hedges and similar construction or elements for the conservation and protection of property; the assurance of safety, security, and privacy; and the improvement of the visual environment, including the provision of an orderly appearance in keeping with neighborhood character. (2) Permitted Materials All fences shall be constructed of customarily used materials such as chain link, split rail, split rail with welded wire mesh, masonry, wrought iron, wood, polyvinylchloride (PVC), or similar fencing material. (3) Prohibited Materials The use of materials such as corrugated or sheet metal, chicken wire, woven wire, welded wire mesh as a primary material, temporary construction fencing, snow fencing or other similar materials shall not be permitted for permanent fencing. In nonresidential districts abutting a residential district, a fence or wall may not be designed to cause pain or injury to humans or animals. This includes the use of barbed wire, broken glass, nails, razor wire, spikes, electric charge or similar materials. For the purposes of this provision, “abutting” shall include any area separated from a residential district by an alley right-of-way. (4) Swimming Pool Fencing Commercial, industrial, and other nonresidential swimming pools shall be completely surrounded by a fence, wall, building, or other enclosure determined acceptable by the Zoning Administrator, of not less than six (6) feet in height. (5) Exceptions to Standards (A) Hedge or Retaining Wall A hedge or retaining wall not exceeding three (3) feet in height above the grade of the adjoining sidewalk or ground, may be located in the required front yard with no minimum setback, subject to the corner visibility provisions as defined herein. (B) Ornamental Fence An ornamental fence, as defined herein, not exceeding three (3) feet in height may be located in the required front yard with no minimum setback, subject to the corner visibility provisions as defined herein.