CITY OF WARSAW ORDINANCE 2015-05-02
July 28, 2016 at 4:25 p.m.
By -
AN ORDINANCE AMENDING APPENDIX B OF THE CITY CODE OF WARSAW, INDIANA, THE ZONING ORDINANCE
SECTION 1. Be it ordained by the Common Council of the City of Warsaw, Indiana, that the text of Appendix B of the Code of Laws of the City of Warsaw, Indiana, the Zoning Ordinance is hereby amended as stated herein.
SECTION 2. This ordinance revision was initiated by the Plan Commission of the City of Warsaw, which did on May 11, 2015, hold a legally advertised public hearing on said ordinance and by resolution recommended adoption of said amendment.
SECTION 3. Appendix B of the Code of Laws of the City of Warsaw, Indiana, the Zoning Ordinance is amended to read as follows:
Article 3.5.- Vision Clearance is amended to read as follows;
3.5. Vision and clearance
In order to provide clear unobstructed vision and lateral clearance along public rights-of-way, the following requirements shall apply:
a. No fence or visual obstruction, including plants, shall hereafter be erected within the space horizontally ten feet from the travel surface of a street or three feet of the travel surface of an alley AND vertically between three feet and eight feet high.
b. Sec. a. above shall not apply to;
Utility poles; structural supports less than 6" wide and more than 6" apart; trees if the canopy has a minimum clearance of six feet above ground or is less than 3' wide.
c. On lots with alley intersections the following triangle must remain clear of obstructions.
d. At no time shall this ordinance be construed to allow a private fence, sign, or other structure in public right of way.
e. No permanent obstruction taller than 3' shall be installed within six inches of a public sidewalk.
Article 12.0.4.1- Accessory Structures is amended to read as follows;
12.0.4.1. Accessory structures. Accessory structures may be allowed in all districts in accordance with this section.
a. Accessory buildings, defined as a structure at least six feet in height and 30 square feet in area:
1. Shall be incidental to, subordinate to, and commonly associated with the operation of the principal use of the lot.
2. Shall be operated and maintained under the same ownership and on the same lot, or adjoining lots, as the principal use. If the accessory building is on an adjoining lot, the owner shall provide a restrictive covenant, which stipulates that the adjoining lots will not be sold separately from each other. The restrictive covenant shall be recorded at the Kosciusko County Recorder's Office. A copy of the recorded document must be provided to the plan director before the issuance of an improvement location permit.
3. Shall meet the following height, size, and setback regulations:
(i) Residential districts:
1) The height of the structure shall be limited to 18 feet; however, no such structure shall be taller than the principal building.
2) The total size of all permitted structures shall be no larger than 7% of the lot size. Also, structures shall not be limited to less than 720 square feet
Lot Size Permitted Size
<10,285 sq ft 720 sq ft
More than 10,286 sq ft 7% of lot size
3) A detached accessory building shall not be located closer to the front property line than the principle structure or nearest adjacent principle structure.
4) Setbacks from property line as follows·
Set Backs Side
Front Side Rear
Adjacent To
Street N/A 10' 10'
Alley 3' 3' 3'
Lot 3' 3' 3'
5) The accessory building shall be used for the storage of personal property only and shall not be used for any commercial or industrial purpose.
6) No more than two freestanding accessory buildings shall be permitted per zone lot. (ii) Commercial and industrial districts:
1) The height, size, and setback regulations for accessory buildings are the same as for principal buildings. Refer to Table 5 of this appendix.
4. Shall not be permitted before the erection and operation of the principal use, except as a temporary use as permitted in section 4.4.
5. Shall require an improvement location permit, except as otherwise provided in section b. below.
6. Shall be subject to review by the City Stormwater Department.
b. Exceptions
1. Accessory buildings not on a permanent foundation are exempt from an improvement location permit, but must meet the other regulations of section 12.0.4.1.
2. Minor accessory structures including, but not necessarily limited to, sidewalks, driveways, curbs, mail boxes, nameplates, lamp posts, and landscaping are not subject to setbacks and shall not require a permit.
3. No setbacks for Boathouses when located on the water's edge.
4. Open frame porches, decks, and patios may be located in the front yard with a setback of ten feet from the property line if attached to the principle structure.
(i) Steps and Wheel Chair Ramps shall not be required to meet the setback requirement, but must meet vision and clearance regulations in section 3.5.
5. Retaining walls and drainage installations shall require a permit.
Article 13.5.2.1- General Provisions is amended to include;
13.5.2.1. General provisions.
d. Easements. The City of Warsaw shall not be responsible for fences removed or damaged as a result of placement in an easement. The fence owner shall acknowledge upon signature of a fence permit that a fence or other private property placed in an easement may be removed at any time and shall not be subject to reimbursement.
1. Fence permits are subject to review by the City Stormwater Department.
e. Total fence height shall include, but not be limited to, man-made mounding and support structures, and shall not include decorative post tops.
f. Fences must meet the Vision and Clearance restrictions in Sec 3.5 of this ordinance and at no time shall be in the public right of way.
g. No fence shall be used as or for the display of a sign except as provided in section 13.4
That this Ordinance is to be in full force and effect from and after its passage. Adopted this 1st day of June, 2015.
Aye NAY
Madeline E. Call
Cynthia Dobbins
Jeff R. Grose
Charles D. Smith
Michael Klondaris
William G. Frush
Diane L. Quance
Presented to and approved by me this 1st day of June, 2015
Mayor Joseph Tallemer, Presiding Officer
Common Council, City of Warsaw
ATTEST:
Lynne Christiansen, Clerk-Treasurer
6-4 hspaxlp
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AN ORDINANCE AMENDING APPENDIX B OF THE CITY CODE OF WARSAW, INDIANA, THE ZONING ORDINANCE
SECTION 1. Be it ordained by the Common Council of the City of Warsaw, Indiana, that the text of Appendix B of the Code of Laws of the City of Warsaw, Indiana, the Zoning Ordinance is hereby amended as stated herein.
SECTION 2. This ordinance revision was initiated by the Plan Commission of the City of Warsaw, which did on May 11, 2015, hold a legally advertised public hearing on said ordinance and by resolution recommended adoption of said amendment.
SECTION 3. Appendix B of the Code of Laws of the City of Warsaw, Indiana, the Zoning Ordinance is amended to read as follows:
Article 3.5.- Vision Clearance is amended to read as follows;
3.5. Vision and clearance
In order to provide clear unobstructed vision and lateral clearance along public rights-of-way, the following requirements shall apply:
a. No fence or visual obstruction, including plants, shall hereafter be erected within the space horizontally ten feet from the travel surface of a street or three feet of the travel surface of an alley AND vertically between three feet and eight feet high.
b. Sec. a. above shall not apply to;
Utility poles; structural supports less than 6" wide and more than 6" apart; trees if the canopy has a minimum clearance of six feet above ground or is less than 3' wide.
c. On lots with alley intersections the following triangle must remain clear of obstructions.
d. At no time shall this ordinance be construed to allow a private fence, sign, or other structure in public right of way.
e. No permanent obstruction taller than 3' shall be installed within six inches of a public sidewalk.
Article 12.0.4.1- Accessory Structures is amended to read as follows;
12.0.4.1. Accessory structures. Accessory structures may be allowed in all districts in accordance with this section.
a. Accessory buildings, defined as a structure at least six feet in height and 30 square feet in area:
1. Shall be incidental to, subordinate to, and commonly associated with the operation of the principal use of the lot.
2. Shall be operated and maintained under the same ownership and on the same lot, or adjoining lots, as the principal use. If the accessory building is on an adjoining lot, the owner shall provide a restrictive covenant, which stipulates that the adjoining lots will not be sold separately from each other. The restrictive covenant shall be recorded at the Kosciusko County Recorder's Office. A copy of the recorded document must be provided to the plan director before the issuance of an improvement location permit.
3. Shall meet the following height, size, and setback regulations:
(i) Residential districts:
1) The height of the structure shall be limited to 18 feet; however, no such structure shall be taller than the principal building.
2) The total size of all permitted structures shall be no larger than 7% of the lot size. Also, structures shall not be limited to less than 720 square feet
Lot Size Permitted Size
<10,285 sq ft 720 sq ft
More than 10,286 sq ft 7% of lot size
3) A detached accessory building shall not be located closer to the front property line than the principle structure or nearest adjacent principle structure.
4) Setbacks from property line as follows·
Set Backs Side
Front Side Rear
Adjacent To
Street N/A 10' 10'
Alley 3' 3' 3'
Lot 3' 3' 3'
5) The accessory building shall be used for the storage of personal property only and shall not be used for any commercial or industrial purpose.
6) No more than two freestanding accessory buildings shall be permitted per zone lot. (ii) Commercial and industrial districts:
1) The height, size, and setback regulations for accessory buildings are the same as for principal buildings. Refer to Table 5 of this appendix.
4. Shall not be permitted before the erection and operation of the principal use, except as a temporary use as permitted in section 4.4.
5. Shall require an improvement location permit, except as otherwise provided in section b. below.
6. Shall be subject to review by the City Stormwater Department.
b. Exceptions
1. Accessory buildings not on a permanent foundation are exempt from an improvement location permit, but must meet the other regulations of section 12.0.4.1.
2. Minor accessory structures including, but not necessarily limited to, sidewalks, driveways, curbs, mail boxes, nameplates, lamp posts, and landscaping are not subject to setbacks and shall not require a permit.
3. No setbacks for Boathouses when located on the water's edge.
4. Open frame porches, decks, and patios may be located in the front yard with a setback of ten feet from the property line if attached to the principle structure.
(i) Steps and Wheel Chair Ramps shall not be required to meet the setback requirement, but must meet vision and clearance regulations in section 3.5.
5. Retaining walls and drainage installations shall require a permit.
Article 13.5.2.1- General Provisions is amended to include;
13.5.2.1. General provisions.
d. Easements. The City of Warsaw shall not be responsible for fences removed or damaged as a result of placement in an easement. The fence owner shall acknowledge upon signature of a fence permit that a fence or other private property placed in an easement may be removed at any time and shall not be subject to reimbursement.
1. Fence permits are subject to review by the City Stormwater Department.
e. Total fence height shall include, but not be limited to, man-made mounding and support structures, and shall not include decorative post tops.
f. Fences must meet the Vision and Clearance restrictions in Sec 3.5 of this ordinance and at no time shall be in the public right of way.
g. No fence shall be used as or for the display of a sign except as provided in section 13.4
That this Ordinance is to be in full force and effect from and after its passage. Adopted this 1st day of June, 2015.
Aye NAY
Madeline E. Call
Cynthia Dobbins
Jeff R. Grose
Charles D. Smith
Michael Klondaris
William G. Frush
Diane L. Quance
Presented to and approved by me this 1st day of June, 2015
Mayor Joseph Tallemer, Presiding Officer
Common Council, City of Warsaw
ATTEST:
Lynne Christiansen, Clerk-Treasurer
6-4 hspaxlp
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