AN ORDINANCE AMENDING THE ZONING ORDINANCE TO PROVIDE FOR ACCESSORY BUILDINGS (AND ACCESSORY STRUCTURES), PERMITTED ACCESSORY USES AND FINES AND PENALTIES AND THE LOCAL ORDINANCE VIOLATION BUREAU ORDINANCE FOR THE TOWN OF MICHIANA SHORES, INDIANA
The Town Code of the Town of Michiana Shores shall be amended to add the following to Title 2 (Zoning Ordinance of Michiana Shores, Indiana), Article 1 (General Provisions), Chapter 2 – Definitions, as follows:
Chapter 2 Definitions
Section 2-1-2-1. Definitions
Accessory Building – A subordinated, detached and roofed structure or swimming pool, not designed for human habitation which serves a function incidental to and associated with that of the Primary Use on the same Zoned Lot. It includes: garages, sheds, carports, gazebos, swimming pools, screened rooms and similar.
Accessory Structure (See Accessory Building)
Shed (See Accessory Building)
The Town Code of the Town of Michiana Shores shall be amended to add the following to Title 2 (Zoning Ordinance of Michiana Shores, Indiana), Article 2 (Development Through Zoning), Chapter 3 (Residential District Zoning Regulations), Section 3 – Permitted Accessory Uses as follows:
Chapter 3 Residential District Zoning Regulations
Section 2-2-3-3. Permitted Accessory Uses – Permitted Accessory uses located on the same Zoning Lot with the permitted Primary Use are as follows:
A. A permit is required for construction, installation, or remodel for any accessory building.
B. Garage (also known as an Accessory Building) – The Construction of a garage shall be allowed on the same zoning lot with the primary building, either attached to the primary building or separate, provided the percentage of the area built on the lot does not exceed that allowed by this code. The size of the garage shall not exceed 700 square feet dedicated to the parking of vehicles and another 300 square feet allowed for the storage of recreational vehicles and yard equipment. Therefore, the size of a garage in floor area shall not exceed 1,000 square feet. Only (1) garage for the parking of vehicles is allowed on the same zoning lot with the primary residence.
C. Two Accessory Buildings other than a garage shall be allowed on the same Zoning Lot with the Primary Building, provided the percentage of the area built on the lot does not exceed that allowed by this code.
D. Location. Detached Accessory Buildings and structures shall be permitted only in the side or rear yard. No Accessory Buildings are permitted in the front yard. No separate Accessory Building shall be erected within 5 feet of any other Building except: driveways, sidewalks and patios or decks. On corner lots, the side yard adjacent to the road requires a 15 foot setback for accessory buildings.
E. Setback. Accessory Buildings shall be setback a minimum of 5 feet from a side or rear property line.
F. Permitted height. No cletached accessory building shall exceed a height of 17 feet (see Section 2-2-3-6).
G. Size. The size of a non-habitable accessory building shall not exceed twenty-five percent (25%) of the gross floor area of the primary structure (including any attached facilities such as a garage).
H. No Accessory Building, including detached Garages, shall be erected prior to the erection of the Primary Building
I. Accessory uses such as public utility installations, ground level walks, driveways, curbs, retaining walls, mailboxes name plates, lamp posts, bird baths and Structures of a like nature are permitted in any Front, Side or Rear Yard.
J. Fences. A building permit is required for the erection of fences. Permitted fences in front and side yards can be no more than four feet (4′) high as measured from ground level, with the height of posts no more than 6″ above fence. No stockade fences or other fences with more than 25% surface opacity are permitted in front yards. Permitted fences in Rear yards can be no more than 6 feet (6′) high as measured from the ground level, with the height of posts no more than 6″ above fence. Solid panel fences or other fences with more than 25% surface opacity are permitted in rear yards. Chain link fences or hazardous fences such as but not limited to barbed wire, razor wire, or electric fences, are not allowed. Fences shall be erected on the property line, except within fifteen (15′) of a street right of way. Where verified property lines are apparent and are not contested by adjoining property owners, no survey is required; all other cases require a property stake survey.
K. Trees, shrubs, flowers or plants are permitted in any Front, Side or Rear Yard subject to vision clearance requirements.
L. Swimming pools – swimming pools are permitted as an accessory building and shall be entirely enclosed as required by The Indiana Residential Code (675 I.A.C. 14-4.4-38 Section R326.27.3 (formerly 675 I.A.C. 20)) and follow the State of Indiana Codes pertaining to construction, operation and maintenance. Swimming Pools and decking shall have a setback of at least 10 feet from rear and side property lines unless located on a corner lot in which case a 15 foot setback is required on the side adjacent to the roadway. Swimming pools and decking shall be no closer than 10 feet to any other Accessory Building and/or the Single Family Dwelling. All swimming pools require a 4′ foot fence with a lock ng gate at the entry around the entire swimming pool and adjacent area.
The Town Code of the Town of Michiana Shores shall be amended to add the following to Title 2 (Zoning Ordinance of Michiana Shores, Indiana), Article 2 (Development Through Zoning), Chapter 3 (Resident al District Zoning Regulations), Section 8 – Yards and Setbacks as follows:
Section 2–2–3–8. Yards and Setbacks – All permitted Single-Family Dwellings on a Zoning Lot shall have Front, Side and Rear Yards with depth and width as measured from the Lot Line to the Setback Line of not less than the following:
A. Front Yard depth – No: less than (thirty) 30 feet.
B. Side Yard width – Not less than (ten) 10 feet each.
C. Rear Yard depth – Not less than (ten) 10 feet from the back of the primary building.
D. Corner Lot – the Front Yard is the shorter of the two adjacent Street segments and shall be not less than (thirty) 30 feet, the longer yard depth, adjacent to the Street, shall be no less than (fifteen) 15 feet.
E. Through Lots – all Front and Rear Yards of Through Lots must be a minimum of (thirty) 30 feet.
F. Setback vision clearance at intersections – at the intersection of each Corner Lot, the triangular space determined by the two lines at that corner and by a diagonal line connecting the two points on those Lot Lines that are (fifteen) 15 feet, respectively, from the corner shall be kept free of any obstruction to vision between the heights of 3 and 13 feet above the established grade.
G. Subject to the other provisions of this Code, Fences, walls and hedges may be permitted in any Yard, provided that driveway entrances are not shielded in such a way as to obstruct the view of a driver entering a public road from the driveway.
The Town Code of the Town of Michiana Shores shall be amended to add the following new section (2–2–3–14) to Title 2 (Zoning Ordinance of Michiana Shores, Indiana), Article 2 (Development Through Zoning), Chapter 3 (Residential District Zoning Regulations), Section 14 – Fines and Penalties as follows:
Section 2–2–3–14. Fines and Penalties – Any person violating this chapter shall pay a fine of fifty dollars ($50.00) for each violation. Each day a violation exists or continues shall constitute a separate offense.
The Town Code of the Town of Michiana Shores shall be amended to Title 1 (Organization and Administration of Town Government), Article 3 (Administration), Chapter 2 (Boards, Commissions and Bureaus), Section 5 – Local Ordinance Violation Bureau as follows: 1–3 2–5 Local Ordinance Violation Bureau
Title 2 – Chapter 3 Permitted Accessory Uses
Yards and Setbacks Section 2-2-3-14 Fines and Penalties. – Any violation of this Chapter is subject to a fine of fifty ($50.00) dollars per violation. Each day a violation exists or continues shall constitute a separate offense.
Chapter 9 Off Street Parking Section 2–2–9–4 Violation and Penalties. – Any violation of this Chapter is subject to a fine/penalty of fifty ($50.00) dollars per violation.
Chapter 11 Advertising signs Section 2–2–11–3 Penalties. – Any Person not complying with this Chapter after being notified of the violation(s) will be subject to a fifty ($50.00) fine.
Section 1. Repeal of Conflicting Provisions: The provisions of any or all other Ordinances, Resolutions or Town Code provisions in conflict with the provisions hereof are of no further force or effect and hereby superseded and repealed.
Section 2. Severability Provision: If any part of the Ordinance shall be held invalid, such part shall be deemed severable and the invalidity thereof shall not affect the remaining parts of this Ordinance.
ALL OF WHICH IS ORDAINED, ADOPTED AND ENACTED on this 13th day of the month of April, 2021, by a majority vote of the Town Council of the Town of Michiana Shores, La Porte County, Indiana.
Daina Dumbrys, Council President
Michael Martinez, Vice President
Joan M. Lewis Clerk Treasurer