Article 2 – Zoning Districts

Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance A. Purpose To define the zoning districts used in this Ordinance, including district symbols, names, and boundaries. B. Zoning Districts For the purposes of this Ordinance the Town of Dillsboro’s planning jurisdiction is hereby divided into the zoning districts shown in the following table. ZONING DISTRICT SYMBOLS AND NAMES District Symbol District Name A1 Agricultural R1A Urban Single Family Residential R1B Suburban Single Family Residential R2 Two Family Residential R3 Multiple Family Residential C1 Professional Office and Personal Services C2 Limited Commercial C3 General Commercial C4 Intensive Commercial C5 Downtown Commercial IN1 Limited Industrial C. District Boundaries Zoning district boundary lines shall be considered to be: property lines; the centerline of any alley, street, or road right‐of‐way; or the centerline of any ditch, drain, river, stream, or other watercourse, unless the zoning maps specifically indicate otherwise. If there is uncertainty or conflict with regard to the location of a zoning district boundary, the Zoning Administrator shall interpret the location of the district boundary, in accordance with the following standards and guidelines. Section 2.1 ‐ General Zoning District Provisions
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Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance 1. Legal Description Zoning district boundary lines are to follow the survey lines of the legal description submitted as a part of an approved zoning map amendment, with the following exceptions: a. If no survey or legal description exists, then the zoning district boundary lines are intended to follow: property lines; the centerline of any alley, street, or road right‐of‐
way; or the centerline of any ditch, drain, river, stream, or other watercourse; and b. If a zoning district boundary line divides a lot, the location of the boundary line shall be determined by measurement, based on the scale of the zoning map. 2. Previous Land Use The Zoning Administrator may also consider existing and previous land use(s) on a property in making such a determination. D. Zoning Maps An official zoning map, as shown in Section 4.1(A), Incorporated Area Zoning Map, is hereby adopted as part of this Ordinance. Revised zoning maps may be adopted in the future by the Town Council, after a public hearing by and recommendation from the Plan Commission. The zoning maps and a current copy of this Ordinance shall be kept on file for examination in the offices of the Zoning Administrator, the Town Clerk Treasurer, the Dillsboro Public Library, and the Dillsboro Utility Department. E. Land Not Included Within A District In any case where a lot, parcel or other piece of land is not included within a zoning district on the zoning map, such land shall be reviewed and evaluated by the Plan Commission, with a recommendation from the Zoning Administrator, and shall be assigned a district. Section 2.1 ‐ General Zoning District Provisions
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Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance A. Purpose The purpose of the A1/Agricultural district is to permit a certain range of agricultural uses and activities, and generally balance encouraging quality new development and investment with supporting the protection of highly productive agricultural land; in addition, allowing limited types of low density residential development and other uses typically conducted in agricultural areas or supporting agricultural land uses. Certain additional services or uses may be permitted by the Board of Zoning Appeals. B. Permitted Uses The following uses and structures shall be permitted in this district: 1. Accessory structures and uses, including seasonal roadside stands and similar sales of agricultural products; the parking or storage of farm vehicles and machinery; and barns, greenhouses, pole buildings, or other structures commonly constructed for the storage of animals, crops, equipment, or materials for use in maintaining or operating an agricultural use or for maintaining personal property on which a residence has not been constructed 2. Adult care home 3. Agricultural uses and structures, including agronomic crop production and low intensity agricultural livestock operations as defined herein; the intent is to allow low intensity farms for dairy production and the raising of livestock including cattle, hogs, sheep, goats, horses, or poultry; however, excluding livestock operations that exceed the limitations set forth herein, and also excluding any livestock operation that requires an Indiana Department of Environmental Management (IDEM) permit for a Confined Feeding Operation or Concentrated Animal Feeding Operation Agricultural use Section 2.2 – A1 Agricultural District
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Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance 4. Agriculture‐related activities and services, including corn shelling; contract sorting, grading, and packaging; grist milling; hay baling; threshing; and other similar agricultural processing services 5. Class I child care home 6. Day care (adult or child) 7. Essential facility 8. Essential service 9. Farms of field crops, fruits, nuts, vegetables, or other similar agricultural growth products 10. Farms with no predominant crops, including grassland and range pastures, horticultural specialties, and bee hives or similar agriculturally‐related activities 11. Forestry activities, including plant nurseries (with greenhouses as an accessory use) , timber production, tree farms, and similar activities, excluding sawmills or other processing of wood products beyond those activities necessary to ship timber from the property 12. Home based business 13. Home occupation 14. Place of worship 15. Public park, playground, and/or recreation area 16. Public, parochial, or private elementary, middle, junior high, and/or high school 17. Residential facility for the developmentally disabled 18. Residential facility for the mentally ill, provided that the facility is a minimum of 3000 feet from any other such facility, as measured between property lines 19. Single family detached dwelling, including Type I and Type II manufactured home (all homes shall be placed on a permanent under‐floor foundation installed in conformance with the Indiana One and Two Family Dwelling Code); and 20. Wildlife or nature habitat, preserve, and/or sanctuary C. Conditional Uses The following uses may be approved by the Board of Zoning Appeals after the filing of a conditional use petition: 1.
2.
3.
4.
5.
6.
Accessory dwelling unit Animal hospital Animal grooming Bed and breakfast Cemetery Commercial communication tower Section 2.2 – A1 Agricultural District
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Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance 7.
8.
9.
10.
11.
12.
13.
Funeral home Group residential facility Home workshop Horse boarding facility, or riding stable on a property of at least 5 acres Medical clinic Professional office and/or personal service use Sign (freestanding non‐incidental sign of up to 32 square feet in area and 8 feet in height; including Town identification/welcome signage, and directional signage for church, school, and similar uses); and 14. Veterinary clinic D. Accessory Structures and Uses The following provisions shall apply to accessory structures and uses: 1. Accessory structures shall not be erected before the construction of primary structures; except that where the primary use of the property is for agricultural purposes, accessory structures to be used in conjunction those agricultural uses shall be permitted to be erected before the construction of the primary structure on the property. 2. All residential pools, as defined herein, shall be entirely enclosed by buildings, fences, walls, or other enclosure determined acceptable by the Zoning Administrator, which shall be at least five feet in height, but not more than eight feet in height in the case of fences or walls, except as otherwise permitted below. a. The fence or wall shall be equipped with self‐latching gates or doors, with the latching device located not less than four feet above the ground. b. All fencing must be in place and approved by the Zoning Administrator before water is run into the pool. 3. As an alternative to fencing, access to a swimming pool may also be restricted by one of the following: a. A rigid power safety pool cover which meets the requirements set forth in 675 IC 20‐4‐
27(c)(4), 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 b. For above ground swimming pools, other structural methods not less than five feet in height may be permitted by the Zoning Administrator if determined to provide adequate safety. Section 2.2 – A1 Agricultural District
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Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance 4. Except as otherwise permitted in Table F1, no accessory structure shall be located in any required front, side, or rear yard setback area; however, fences shall be permitted in a required side or rear yard, and agricultural or ornamental fences shall be permitted in the required front yard, subject to the limitations in Section 2.13(B)(5). 5. The outdoor storage of the following materials shall be prohibited: a. Automobile or machinery equipment or parts, including tires; b. Building construction materials, except materials to be used in conjunction with a permitted ongoing construction project; c. Home appliances and fixtures such as refrigerators, sinks, and stoves; d. Indoor furniture; e. Inoperable, dismantled, or wrecked boats, automobiles, campers, motorcycles, and small trucks (one‐ton, panel, or pickup); f.
Pull trailers over 32 square feet in size; g. Junk as defined herein; scrap metal, wood, and similar materials; and h. Shelving, racks, or similar items. 6. The parking and/or outdoor storage of vehicles shall be limited as follows: a. Operable automobiles, motorcycles, small trucks (one‐ton, panel, or pickup) and vans shall only be permitted to be parked in an alley, driveway, or street; b. Operable boats, campers, recreational vehicles, and pull trailers of up to 32 square feet in size shall only be permitted to be parked in a driveway; and c. A single semi‐truck and/or trailer, or a single church, school, or similar bus shall be permitted to be parked in a driveway, or on the side or rear of a primary structure, on a temporary basis. E. Temporary Uses Garage or yard sales are permitted in an A1 District, provided the following conditions are met: 1. No merchandise other than that normally found in a household shall be sold. 2. The sale shall not exceed four days. 3. Not more than three sales per year shall be allowed at any one location. Section 2.2 – A1 Agricultural District
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Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance F. Property Development Standards The following standards apply to uses within the A1 district: 1. See Table F1 below for Structures and Residential Parking Standards; unless otherwise noted, all standards are minimum standards Table F1: A1 – Agricultural District Structures and Residential Parking Standards
Lot Area 43,560 square feet (1 acre) Lot Width 150ʹ Front Yard Depth 50ʹ Side Yard Width 10ʹ Rear Yard Depth 30ʹ Single family dwelling floor area •
•
950 square feet (single story) 1400 square feet (over one story) •
36ʹ maximum (residential and other non‐agricultural uses); 50ʹ maximum (agricultural uses) (b) Accessory Structure Height •
•
5ʹ setback from any side or rear lot line, if located behind the primary structure; 10’ setback from any side lot line, if located on the side of the primary structure Accessory Structure Setback •
Parking (a) 2 spaces per dwelling unit Primary Structure Height 36ʹ maximum (a) For nonresidential parking standards, see Section 2.13 (E), Parking (b) Except that grain storage and similar structures shall not have a maximum height limitation Section 2.2 – A1 Agricultural District
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Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance 2. See Table F2 below for Signage standards Table F2: A1 – Agricultural District Signage Standards (a) Use Type of sign Number permitted Maximum area (square feet) Maximum height Residential Temporary Up to 2 Up to 6 total 4 Residential Permanent wall Up to 2 Up to 3 total N/A Residential Incidental Up to 2 2 4 Minimum setback No minimum N/A No minimum (a) For additional standards and standards for non‐residential uses, see Section 2.13 (F), Signage 3. See Section 2.13 for additional development standards 4. Additional Documentation: For new non‐agricultural single family uses, the following additional document(s) shall be submitted along with the request for administrative approval (if applicable) and the permit application. The document(s) shall: Section 2.2 – A1 Agricultural District
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Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance a. Acknowledge and agree that the proposed structure and use is in an area zoned for agricultural uses; these uses may include, but are not limited to, the production of crops, animal husbandry, land application of animal waste, the raising, breeding and sale of livestock and poultry, including confinement feeding operations, use of farm machinery, and the sale of farm products; b. Waive any and all objections to any such agricultural uses on any real estate zoned for such uses within two miles of any boundary of the property, whether such uses currently exist, are enlarged, or changed in use in the future to another agricultural use; c. Agree that such agricultural uses, whether currently existing, or hereafter established, enlarged, or changed, do not constitute a nuisance so long as they are not negligently maintained, do not cause bodily injury to third parties, or directly endanger human health; and d. State that this covenant is for the benefit of the Dillsboro Plan Commission and all persons engaged in agricultural uses within two miles of any boundary of the property, and shall be enforceable by any of the foregoing parties. Section 2.2 – A1 Agricultural District
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Article 2 – Zoning Districts Section 2.2 – A1 Agricultural District
Town of Dillsboro Zoning Ordinance Page 14
Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance A. Purpose The purpose of the R1A/Urban Single Family Residential district is to preserve and enhance those areas in the Town which have been developed for primarily single family detached dwelling uses with an urban development pattern (including smaller lots, lesser front and side yard setbacks, urban home and garage designs and locations, and a generally rectangular grid street layout), and to encourage residential and certain other development on vacant parcels which is compatible with existing uses, densities, and development patterns. Certain additional services or uses may be permitted by the Board of Zoning Appeals. B. Permitted Uses The following uses and structures shall be permitted in this district: 1.
2.
3.
4.
5.
6.
7.
Accessory structures and uses Adult care home Class I child care home Day care (adult or child) Home occupation Residential facility for the developmentally disabled Residential facility for the mentally ill, provided that the facility is a minimum of 3000 feet from any other such facility, as measured between property lines; and 8. Single family dwelling, excluding Type II and Type III manufactured homes C. Conditional Uses The following uses may be approved by the Board of Zoning Appeals after the filing of a conditional use petition: 1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Accessory dwelling unit Bed and breakfast Class II child care home Funeral home Group residential facility Home based business Parochial elementary or high school Place of worship Private elementary or high school Public elementary, middle, junior, or senior high school Professional office or personal service use; and Two family dwelling Section 2.3 – R1A Urban Single Family Residential District
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Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance D. Accessory Structures and Uses The following provisions shall apply to accessory structures and uses: 1. Accessory structures shall not be erected before the construction of primary structures. 2. All residential pools, as defined herein, shall be entirely enclosed by buildings, fences, walls, or other enclosure determined acceptable by the Zoning Administrator, which shall be at least five feet in height, but not more than eight feet in height in the case of fences or walls, except as otherwise permitted below. a. The fence or wall shall be equipped with self‐latching gates or doors, with the latching device located not less than four feet above the ground. b. All fencing must be in place and approved by the Zoning Administrator before water is run into the pool. 3. As an alternative to fencing, access to a swimming pool may also be restricted by one of the following: a. A rigid power safety pool cover which meets the requirements set forth in 675 IC 20‐4‐
27(c)(4), 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 b. For above ground swimming pools, other structural methods not less than five feet in height may be permitted by the Zoning Administrator if determined to provide adequate safety. 4. Except as otherwise permitted in Table F1, no accessory structure shall be located in any required front, side, or rear yard setback area; however, fences shall be permitted in a required side or rear yard, and ornamental fences shall be permitted in the required front yard, subject to the limitations in Section 2.13(B)(5) . 5. The outdoor storage of the following materials shall be prohibited: a. Automobile or machinery equipment or parts, including tires; b. Building construction materials, except materials to be used in conjunction with a permitted ongoing construction project; c. Home appliances and fixtures such as refrigerators, sinks, and stoves; d. Indoor furniture; Section 2.3 – R1A Urban Single Family Residential District
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Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance e. Inoperable, dismantled, or wrecked boats; automobiles; campers; motorcycles; small trucks (one‐ton, panel, or pickup), and pull trailers of over 32 square feet in size; f.
Junk as defined herein; scrap metal, wood, and similar materials; and g. Shelving, racks, or similar items. 6. The parking and/or outdoor storage of vehicles shall be limited as follows: a. Agricultural or other tractors shall not be permitted to be parked in these districts, unless used in conjunction with a permitted agricultural use; b. Operable automobiles, motorcycles, small trucks (one‐ton, panel, or pickup) and vans shall only be permitted to be parked in an alley, driveway, or street; c. Operable boats, campers, recreational vehicles, and pull trailers of up to 32 square feet in size shall only be permitted to be parked in a driveway; and d. Large trucks (over one‐ton); semi‐trucks and semi‐trailers; and school, church, and similar buses shall not be permitted to be parked in these districts. E. Temporary Uses Garage or yard sales are permitted in an R1A District, provided the following conditions are met: 1. No merchandise other than that normally found in a household shall be sold. 2. The sale shall not exceed four days. 3. Not more than three sales per year shall be allowed at any one location. Section 2.3 – R1A Urban Single Family Residential District
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Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance F. Property Development Standards The following standards apply to uses within the R1A district: 1. See Table F1 below for Structures and Residential Parking Standards; unless otherwise noted, all standards are minimum standards Table F1: R1A – Urban Single Family Residential District Structures and Residential Parking Standards Lot Area 8,700 square feet Lot Width 66’ Front Yard Depth •
•
•
Side Yard Width 5’ Rear Yard Depth 25’ Single family dwelling floor area •
•
Accessory Structure Height 24’ maximum Accessory Structure Setback •
•
Parking (a) 1 space per dwelling unit Primary Structure Height 30’ maximum 15’ primary dwelling setback 25’ attached garage setback 30’ maximum setback 950 square feet (single story) 1400 square feet (over one story) 3’ setback from any side or rear lot line, if located behind the primary structure 5’ setback from any side lot line, if located on the side of the primary structure (a) For nonresidential use parking standards, see Section 2.13 (E), Parking Section 2.3 – R1A Urban Single Family Residential District
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Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance 2. See Table F2 below for Signage standards Table F2: R1A – Urban Single Family Residential District Signage Standards (a)
Use Type of sign Number permitted Maximum area (square feet) Maximum height Residential Temporary Up to 2 Up to 6 total 4 Residential Permanent wall Up to 2 Up to 3 total N/A Residential Incidental Up to 2 2 4 Minimum setback No minimum N/A No minimum (a) For additional standards and standards for non‐residential uses, see Section 2.13 (F), Signage 3. See Section 2.13 for additional development standards Section 2.3 – R1A Urban Single Family Residential District
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Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance Urban single family residential examples
Section 2.3 – R1A Urban Single Family Residential District
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Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance A. Purpose The purpose of the R1B/Suburban Single Family Residential district is to preserve and enhance those areas in the Town which have been developed for primarily single family detached dwelling uses with a suburban development pattern (including larger lots, larger front and side yard setbacks, attached garage designs, and similar suburban home and street design features), and to encourage residential and certain other development on vacant parcels which is compatible with existing uses, densities, and development patterns. Certain additional services or uses may be permitted by the Board of Zoning Appeals. B. Permitted Uses The following uses and structures shall be permitted in this district: 1.
2.
3.
4.
5.
6.
7.
8.
9.
Accessory structures and uses Adult care home Class I child care home Clubhouses, neighborhood centers, and similar common assembly or shared facilities where the facility is part of a common development or neighborhood Day care (adult or child) Home occupation Residential facility for the developmentally disabled Residential facility for the mentally ill, provided that the facility is a minimum of 3000 feet from any other such facility, as measured between property lines; and Single family dwelling, excluding Type II and Type III manufactured homes C. Conditional Uses The following uses may be approved by the Board of Zoning Appeals after the filing of a conditional use petition: 1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Accessory dwelling unit Bed and breakfast Class II child care home Essential facility Essential service Funeral home Group residential facility Home based business Manufactured home (Type II) Place of worship Professional office or personal service use Public park, playground, and/or recreation area Section 2.4 – R1B Suburban Single Family Residential District
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Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance 13. School, except trade or technical school 14. Sign (freestanding non‐incidental sign of up to 32 square feet in area and 8 feet in height; including Town identification/welcome signage, and directional signage for church, school, and similar uses); and 15. Two family dwelling D. Accessory Structures and Uses The following provisions shall apply to accessory structures and uses: 1. Accessory structures shall not be erected before the construction of primary structures. 2. All residential pools, as defined herein, shall be entirely enclosed by buildings, fences, walls, or other enclosure determined acceptable by the Zoning Administrator, which shall be at least five feet in height, but not more than eight feet in height in the case of fences or walls, except as otherwise permitted below. a. The fence or wall shall be equipped with self‐latching gates or doors, with the latching device located not less than four feet above the ground. b. All fencing must be in place and approved by the Zoning Administrator before water is run into the pool. 3. As an alternative to fencing, access to a swimming pool may also be restricted by one of the following: a. A rigid power safety pool cover which meets the requirements set forth in 675 IC 20‐4‐
27(c)(4), 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 b. For above ground swimming pools, other structural methods not less than five feet in height may be permitted by the Zoning Administrator if determined to provide adequate safety. 4. Except as otherwise permitted in Table F1, no accessory structure shall be located in any required front, side, or rear yard setback area; however, fences shall be permitted in a required side or rear yard, and ornamental fences shall be permitted in the required front yard, subject to the limitations in Section 2.13(B)(5). 5. The outdoor storage of the following materials shall be prohibited: a. Automobile or machinery equipment or parts, including tires; Section 2.4 – R1B Suburban Single Family Residential District
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Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance b. Building construction materials, except materials to be used in conjunction with a permitted ongoing construction project; c. Home appliances and fixtures such as refrigerators, sinks, and stoves; d. Indoor furniture; e. Inoperable, dismantled, or wrecked boats; automobiles; campers; motorcycles; small trucks (one‐ton, panel, or pickup), and pull trailers of over 32 square feet in size; f.
Junk as defined herein; scrap metal, wood, and similar materials; and g. Shelving, racks, or similar items. 6. The parking and/or outdoor storage of vehicles shall be limited as follows: a. Agricultural or other tractors shall not be permitted to be parked in these districts, unless used in conjunction with a permitted agricultural use; b. Operable automobiles, motorcycles, small trucks (one‐ton, panel, or pickup) and vans shall only be permitted to be parked in an alley, driveway, or street; c. Operable boats, campers, recreational vehicles, and pull trailers of up to 32 square feet in size shall only be permitted to be parked in a driveway; and d. Large trucks (over one‐ton); semi‐trucks and semi‐trailers; and school, church, and similar buses shall not be permitted to be parked in these districts. E. Temporary Uses Garage or yard sales are permitted in an R1B District, provided the following conditions are met: 1. No merchandise other than that normally found in a household shall be sold. 2. The sale shall not exceed four days. 3. Not more than three sales per year shall be allowed at any one location. Section 2.4 – R1B Suburban Single Family Residential District
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Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance F. Property Development Standards The following standards apply to uses within the R1B district: 1. See Table F1 below for Structures and Residential Parking Standards; unless otherwise noted, all standards are minimum standards Table F1: R1B – Suburban Single Family Residential District Structures and Residential Parking Standards Lot Area 8,500 square feet Lot Width 85’ Front Yard Depth 30’ Side Yard Width 8’ Rear Yard Depth 25’ Single family dwelling floor area •
•
Accessory Structure Height 24’ maximum •
950 square feet (single story) 1400 square feet (over one story) 3’ setback from any side or rear lot line, if located behind the primary structure 5’ setback from any side lot line, if located on the side of the primary structure Accessory Structure Setback •
Parking (a) 2 spaces per dwelling unit Primary Structure Height 35’ maximum (a) For nonresidential use parking standards, see Section 2.13 (E), Parking Section 2.4 – R1B Suburban Single Family Residential District
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Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance 2. See Table F2 below for Signage standards Table F2: R1B – Suburban Single Family Residential District Signage Standards (a)
Use Type of sign Number permitted Maximum area (square feet) Maximum height Residential Temporary Up to 2 Up to 6 total 4 Residential Permanent wall Up to 2 Up to 3 total N/A Residential Incidental Up to 2 2 4 Minimum setback No minimum N/A No minimum (a) For additional standards and standards for non‐residential uses, see Section 2.13 (F), Signage 3. See Section 2.13 for additional development standards Section 2.4 – R1B Suburban Single Family Residential District
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Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance Section 2.4 – R1B Suburban Single Family Residential District
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Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance A. Purpose The purpose of the R2/Two Family Residential district is to allow for the development of single family and two family dwelling units in those areas of the Town historically developed at a slightly higher density, particularly those areas previously developed for two family dwelling purposes; and to encourage residential and certain other development on vacant parcels which is compatible with existing uses, densities, and development patterns. Certain additional services or uses may be permitted by the Board of Zoning Appeals. B. Permitted Uses The following uses and structures shall be permitted in this district: 1.
2.
3.
4.
5.
6.
7.
Accessory structures and uses Adult care home Class I child care home Day care (adult or child) Home occupation Residential facility for the developmentally disabled Residential facility for the mentally ill, provided that the facility is a minimum of 3000 feet from any other such facility, as measured between property lines 8. Single family dwelling, excluding Type II and Type III manufactured home; and 9. Two family dwelling Existing two family dwellings Section 2.5 – R2 Two Family Residential District Page 27
Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance C. Conditional Uses The following uses may be approved by the Board of Zoning Appeals after the filing of a conditional use petition: 1.
2.
3.
4.
5.
6.
7.
8.
Accessory dwelling unit Bed and breakfast Class II child care home Group residential facility Home based business Place of worship Professional office or personal service use; and School, except trade or technical school D. Accessory Structures and Uses The following provisions shall apply to accessory structures and uses: 1. Accessory structures shall not be erected before the construction of primary structures. 2. All residential pools, as defined herein, shall be entirely enclosed by buildings, fences, walls, or other enclosure determined acceptable by the Zoning Administrator, which shall be at least five feet in height, but not more than eight feet in height in the case of fences or walls, except as otherwise permitted below. a. The fence or wall shall be equipped with self‐latching gates or doors, with the latching device located not less than four feet above the ground. b. All fencing must be in place and approved by the Zoning Administrator before water is run into the pool. 3. As an alternative to fencing, access to a swimming pool may also be restricted by one of the following: a. A rigid power safety pool cover which meets the requirements set forth in 675 IC 20‐4‐
27(c)(4), 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 b. For above ground swimming pools, other structural methods not less than five feet in height may be permitted by the Zoning Administrator if determined to provide adequate safety. Section 2.5 – R2 Two Family Residential District Page 28
Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance 4. Except as otherwise permitted in Table F1, no accessory structure shall be located in any required front, side, or rear yard setback area; however, fences shall be permitted in a required side or rear yard, and ornamental fences shall be permitted in the required front yard, subject to the limitations in Section 2.13(B)(5). 5. The outdoor storage of the following materials shall be prohibited: a. Automobile or machinery equipment or parts, including tires; b. Building construction materials, except materials to be used in conjunction with a permitted ongoing construction project; c. Home appliances and fixtures such as refrigerators, sinks, and stoves; d. Indoor furniture; e. Inoperable, dismantled, or wrecked boats; automobiles; campers; motorcycles; small trucks (one‐ton, panel, or pickup), and pull trailers of over 32 square feet in size; f.
Junk as defined herein; scrap metal, wood, and similar materials; and g. Shelving, racks, or similar items. 6. The parking and/or outdoor storage of vehicles shall be limited as follows: a. Agricultural or other tractors shall not be permitted to be parked in these districts, unless used in conjunction with a permitted agricultural use; b. Operable automobiles, motorcycles, small trucks (one‐ton, panel, or pickup) and vans shall only be permitted to be parked in an alley, driveway, or street; c. Operable boats, campers, recreational vehicles, and pull trailers of up to 32 square feet in size shall only be permitted to be parked in a driveway; and d. Large trucks (over one‐ton); semi‐trucks and semi‐trailers; and school, church, and similar buses shall not be permitted to be parked in these districts. E. Temporary Uses Garage or yard sales are permitted in an R2 District, provided the following conditions are met: 1. No merchandise other than that normally found in a household shall be sold. 2. The sale shall not exceed four days. 3. Not more than three sales per year shall be allowed at any one location. Section 2.5 – R2 Two Family Residential District Page 29
Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance F. Property Development Standards The following standards apply to uses within the R2 district: 1. See Table F1 below for Structures and Residential Parking Standards; unless otherwise noted, all standards are minimum standards Table F1: R2 – Two Family Residential District Structures and Residential Parking Standards Lot Area 9,100 square feet Lot Width 66’ Front Yard Depth 25’ Side Yard Width 10’ Rear Yard Depth 25’ Single family dwelling floor area 950 square feet Two or multiple family dwelling floor area 500 square feet Accessory Structure Height 24’ maximum •
3’ setback from any side or rear lot line, if located behind the primary structure 5’ setback from any side lot line, if located on the side of the primary structure Accessory Structure Setback •
Parking (a) 1 space per dwelling unit Primary Structure Height 35’ maximum (a) For nonresidential use parking standards, see Section 2.13 (E), Parking Section 2.5 – R2 Two Family Residential District Page 30
Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance 2. See Table F2 below for Signage standards Table F2: R2 – Two Family Residential District Signage Standards (a)
Use Type of sign Number permitted Maximum area (square feet) Maximum height Residential Temporary Up to 2 Up to 6 total 4 Residential Permanent wall Up to 2 Up to 3 total N/A Residential Incidental Up to 2 2 4 Minimum setback No minimum N/A No minimum (a) For additional standards and standards for non‐residential uses, see Section 2.13 (F), Signage 3. See Section 2.13 for additional development standards Section 2.5 – R2 Two Family Residential District Page 31
Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance Section 2.5 – R2 Two Family Residential District Page 32
Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance A. Purpose The purpose of the R3/Multiple Family Residential district is to provide for a wide range of dwelling unit types, including higher density multiple dwelling unit structures and mixed density developments, to meet the diverse housing needs of present and future Town residents, while also allowing for certain other compatible or essential nonresidential uses. Certain additional services or uses may be permitted by the Board of Zoning Appeals. B. Permitted Uses The following uses and structures shall be permitted in this district: 1.
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Accessory structures and uses Adult care home Assisted living facility Boarding or lodging house Class I child care home Condominium development (residential) Day care (adult or child) Essential facility Essential service Home occupation Multiple family complex Multiple family dwelling Place of worship Public park, playground, and/or recreation area Residential facility for the developmentally disabled Residential facility for the mentally ill, provided that the facility is a minimum of 3000 feet from any other such facility, as measured between property lines Retirement facility School, except trade and technical school Single family dwelling; and Two family dwelling C. Conditional Uses The following uses may be approved by the Board of Zoning Appeals after the filing of a conditional use petition: 1.
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Accessory dwelling unit Bed and breakfast Class II child care home Funeral home Section 2.6– R3 Multiple Family Residential District
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Article 2 – Zoning Districts 5.
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Town of Dillsboro Zoning Ordinance Group residential facility Home based business Professional office or personal service use; and School (trade or technical) D. Accessory Structures and Uses The following provisions shall apply to accessory structures and uses: 1. Accessory structures shall not be erected before the construction of primary structures. 2. All residential pools, as defined herein, shall be entirely enclosed by buildings, fences, walls, or other enclosure determined acceptable by the Zoning Administrator, which shall be at least five feet in height, but not more than eight feet in height in the case of fences or walls, except as otherwise permitted below. a. The fence or wall shall be equipped with self‐latching gates or doors, with the latching device located not less than four feet above the ground. b. All fencing must be in place and approved by the Zoning Administrator before water is run into the pool. 3. As an alternative to fencing, access to a swimming pool may also be restricted by one of the following: a. A rigid power safety pool cover which meets the requirements set forth in 675 IC 20‐4‐
27(c)(4), 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 b. For above ground swimming pools, other structural methods not less than five feet in height may be permitted by the Zoning Administrator if determined to provide adequate safety. 4. Except as otherwise permitted in Table F1, no accessory structure shall be located in any required front, side, or rear yard setback area; however, fences shall be permitted in a required side or rear yard, and ornamental fences shall be permitted in the required front yard, subject to the limitations in Section 2.13(B)(5). 5. The outdoor storage of the following materials shall be prohibited: a. Automobile or machinery equipment or parts, including tires; Section 2.6– R3 Multiple Family Residential District
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Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance b. Building construction materials, except materials to be used in conjunction with a permitted ongoing construction project; c. Home appliances and fixtures such as refrigerators, sinks, and stoves; d. Indoor furniture; e. Inoperable, dismantled, or wrecked boats; automobiles; campers; motorcycles; small trucks (one‐ton, panel, or pickup); and pull trailers of over 32 square feet in size; f.
Junk as defined herein, scrap metal, wood, and similar materials; and g. Shelving, racks, or similar items. 6. The parking and/or outdoor storage of vehicles shall be limited as follows: a. Agricultural or other tractors shall not be permitted to be parked in these districts, unless used in conjunction with a permitted agricultural use; b. Operable automobiles, motorcycles, small trucks (one‐ton, panel, or pickup) and vans shall only be permitted to be parked in an alley, driveway, or street; c. Operable boats, campers, recreational vehicles, and pull trailers of up to 32 square feet in size shall only be permitted to be parked in a driveway; and d. Large trucks (over one‐ton); semi‐trucks and semi‐trailers; and school, church, and similar buses shall not be permitted to be parked in these districts. E. Temporary Uses Garage or yard sales are permitted in an R3 District, provided the following conditions are met: 1. No merchandise other than that normally found in a household shall be sold. 2. The sale shall not exceed four days. 3. Not more than three sales per year shall be allowed at any one location. Section 2.6– R3 Multiple Family Residential District
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Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance F. Property Development Standards The following standards apply to uses within the R3 district: 1. See Table F1 below for Structures and Residential Parking Standards; unless otherwise noted, all standards are minimum standards Table F1: R3 – Multiple Family Residential District Structures and Residential Parking Standards Lot Area 8,500 square feet Lot Width 85’ Front Yard Depth 30’ Side Yard Width 8’ Rear Yard Depth 25’ Single family dwelling floor area 950 square feet Multiple family dwelling floor area 500 square feet Accessory Structure Height 24’ maximum •
5ʹ setback from any side or rear lot line, if located behind the primary structure; 10’ setback from any side lot line, if located on the side of the primary structure Accessory Structure Setback •
Parking (a) 1 space per dwelling unit Primary Structure Height 35’ maximum (a) For nonresidential use parking standards, see Section 2.13 (E), Parking Section 2.6– R3 Multiple Family Residential District
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Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance 2. See Table F2 below for Signage standards Table F2: R3 – Multiple Family Residential District Signage Standards (a)
Use Type of sign Number permitted Maximum area (square feet) Maximum height Residential Temporary Up to 2 Up to 6 total 4 Residential Permanent wall Up to 2 Up to 3 total N/A Residential Incidental Up to 2 2 4 Minimum setback No minimum N/A No minimum (a) For additional standards and standards for non‐residential uses, see Section 2.13 (F), Signage 3. See Section 2.13 for additional development standards Section 2.6– R3 Multiple Family Residential District
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Article 2 – Zoning Districts Section 2.6– R3 Multiple Family Residential District
Town of Dillsboro Zoning Ordinance Page 38
Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance A. Purpose The purpose of the C1/Professional Office and Personal Services district is to provide areas for professional offices, personal services, and similar low‐intensity uses that could typically either use an existing residential structure, or build a new structure that would be more residential in scale, design, and appearance. This district can serve as a buffer area between residential uses and higher intensity commercial uses. Certain additional services or uses may be permitted by the Board of Zoning Appeals. B. Permitted Uses The following uses and structures shall be permitted in this district: 1.
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Accessory structures and uses Adoption agency Adult care center Advertising office Animal grooming (with indoor animal runs only) Architect, engineer, land surveyor, or similar office Artist studio Barber shop Beauty salon Bed and breakfast establishment Child care center Chiropractor office Coffee shop Community center Computer data processing facility Condominium development (office or personal services uses) Counseling or consulting service office Craft shop Dating service Dentist office Doctor’s office Embroidery shop Finance company Fire station, police station, or similar public use 25.
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Florist Funeral home Government office Ice cream shop Insurance office Interior designer office Jewelry design, sales, and repair Law office Library Medical clinic Medical related service, including laboratory Multiple family dwelling Music studio Nail salon Optician or optometrist office Parking area (public or employee) Photography studio Place of worship Professional or commercial office, or personal service not otherwise listed Real estate appraiser or broker office Retirement facility School Shoe repair Tanning salon Tutoring facility Two family dwelling Section 2.7 – C1 Professional Office and Personal Services District
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Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance Existing medical clinic C. Conditional Uses The following uses may be approved by the Board of Zoning Appeals after the filing of a conditional use petition: 1.
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Assisted living facility Boarding and lodging house Drive‐through facility, as an accessory use to a permitted primary use Essential facility Essential service Multiple family complex Neighborhood facility Private club Sign (freestanding non‐incidental sign of up to 32 square feet in area and 8 feet in height; including Town identification/welcome signage, and directional signage for church, school, and similar uses); and 10. Single family dwelling
Section 2.7 – C1 Professional Office and Personal Services District
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Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance D. Accessory Structures and Uses The following provisions shall apply to nonresidential accessory structures and uses: 1. Accessory structures shall not be erected before the construction of primary structures. 2. Nonresidential outdoor storage and display shall not be permitted in this district. 3. No accessory structure shall be located in any required front, side, or rear yard setback area, except that signage and parking shall be permitted in a required front yard, side, or rear yard, and fences shall be permitted in a required side or rear yard. 4. All nonresidential swimming pools, as defined herein, shall be entirely enclosed by buildings, fences, walls, or other enclosure determined acceptable by the Zoning Administrator, which shall be at least six feet in height, but not more than eight feet in height in the case of fences or walls. The fence or wall shall be equipped with self‐latching gates or doors, with the latching device located not less than four feet above the ground. E. Temporary Structures and Uses The following temporary structures and uses are permitted in a C1 District, provided the applicable conditions are met: 1. Temporary buildings and facilities related to a construction project. 2. For church, school, and other similar institutional uses, temporary special events, including special sales, shall be permitted as an accessory use to the permitted primary use. These events shall be permitted up to six (6) times per year, for a period of up to seven (7) days per event. Tents or other similar temporary structures shall be permitted in conjunction with the special event. Mobile food service units shall also be permitted under this provision. Section 2.7– C1 Professional Office and Personal Services District Page 41
Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance F. Property Development Standards The following standards apply to uses within the C1 district: 1. See Table F1 below for Structures and Parking Standards; unless otherwise noted, all standards are minimum standards Table F1: C1 – Professional Office and Personal Services District Structures and Parking Standards Lot Area None Lot Width None Minimum Front Yard Depth 5’ Maximum Front Yard Depth 15’ Side Yard Width •
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5’ if the lot is up to 50’ wide 10’ if the lot is over 50’ wide •
10’ or the width of any utility easement, whichever is greater, if the lot is not adjacent to a residential zoning district 30’ if the lot is adjacent to a residential zoning district Rear Yard Depth •
Accessory Structure Height 24’ maximum Accessory Structure Setback 5’ Parking (a) 1 space per 500 square feet; parking shall be located on the side or the rear of the property Primary Structure Height 35’ maximum, except that gymnasiums and churches may be up to 50’ in height (a) For additional parking standards, see Section 2.13 (E), Parking Section 2.7– C1 Professional Office and Personal Services District Page 42
Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance Existing C1 ground‐mounted signage 2. See Table F2 below for Signage standards Table F2: C1 – Professional Office and Personal Services District Signage Standards (a) Type of sign Number permitted Maximum area (square feet) Maximum height Minimum setback Incidental No limit 4 6 1 per street frontage 24 8 5 Permanent wall No limit 90 per wall N/A N/A Temporary Up to 2 40 total 6 No minimum Permanent freestanding No minimum (a) For additional signage standards, see Section 2.13 (F), Signage 3. See Section 2.13 for additional development standards Section 2.7– C1 Professional Office and Personal Services District Page 43
Article 2 – Zoning Districts Town of Dillsboro Zoning Ordinance Existing downtown commercial area personal service use Existing personal service use
Section 2.7– C1 Professional Office and Personal Services District Page 44