(A) Permitted uses. No building, structure, or land shall be used or occupied, and no building or structure shall hereafter be erected, constructed, reconstructed, moved, expanded, or enlarged except for the following uses:
(1) Single unit dwellings as regulated in divisions (C) through (I) below;
(2) Buildings or structures owned, leased, or used by a municipal, township, county, state or federal government, provided said buildings or structures meet the provisions of § 152.028 and the provisions of divisions (C) through (I) below;
(3) Public schools, colleges and universities, and private academic schools, all subject to the provisions of § 152.028 and the provisions of divisions (C) through (I) below;
(4) Buildings or structures used for religious assembly subject to the provisions of § 152.027 and the provisions of divisions (C) through (I) below;
(5) Signs and outdoor advertising as regulated in § 152.054(C);
(6) Temporary buildings used during construction, and including storage of building materials and equipment, for a period not to exceed the duration of such construction;
(7) Accessory uses and structures as regulated in § 152.033;
(8) Golf courses, parks, country clubs; and/or
(9) A dwelling unit fabricated on or after January 1, 1981, in an off-site manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with the federal Manufactured Housing Construction and Safety Standards Code, 24 C.F.R § 3280 or I.C. 36-7-9-4, as promulgated by the Indiana Administrative Building Council, said dwelling unit being not less than 950 square feet of occupied space. Should a court, either federal or state, determine that the fabrication date of January 1, 1981, is arbitrary or a violation of any federal or state right, including equal protection laws, this chapter shall not be interpreted to exclude fabricated dwelling units constructed after July 15, 1976, which manufactured homes comply with all HUD Code requirements.
(a) The home shall be attached and anchored to a permanent foundation in conformance with the regulations in the Indiana One and two-family Dwelling Code and with manufacturer’s installation specifications.
(b) The home shall be covered with an exterior material customarily used on site built residential dwellings, and such material shall extend over the top of the foundation (or meet the community’s site built residential dwelling home standards).
(c) The home shall have a roof composed of a material customarily used on site built residential dwellings, such as asbestos, fiberglass, shake, asphalt, or tile, which shall be installed according to state and local codes or standards.
(B) Special uses subject to approval by the Board of Zoning Appeals. The following uses shall be allowed when approved by the Board of Zoning Appeals under the established procedures in § 152.111 and subject to the provisions herein specified:
(1) Charitable institutions provided buildings or structures placed thereon meet the provisions of § 152.027 and the provisions of divisions (C) through (I) below;
(2) Hospitals or clinics provided that the premises upon which they are built shall be a minimum of two acres in area, and all uses and buildings or structures placed thereon shall be at least 40 feet from any side and rear property line and shall meet the provisions of divisions (D) and (H) below;
(3) Cemeteries provided the site for a cemetery is a minimum of ten acres in area, and all buildings placed thereon shall be at least 100 feet from any side and rear property line and shall meet the provisions of divisions (D) and (H) below;
(4) Nursery schools and child care centers subject to the performance standards contained in § 152.117, and provided all uses and buildings or structures placed thereon shall meet the provisions of divisions (C) through (I) below;
(5) Home occupations subject to the performance standards contained in § 152.115 and provided all uses and buildings or structures placed thereon shall meet the provisions of divisions (C) through (I) below;
(6) Nursing homes. All buildings placed thereon shall be at least 40 feet from any side and rear property line and shall meet the provisions of divisions (D) and (H) below;
(7) No mobile homes shall be permitted on city residential lots except to replace an existing mobile home, or as provided herein. A transportable structure built after June 25, 1976, the effective date for the Federal Mobile Home Construction and Safety Act of 1974, being 42 U.S.C. §§ 5401 et seq., larger than 950 square feet, and designed to be used as a year-round residential dwelling as scattered site housing on individual lots and not as a mobile home park. Subject to § 152.024;
(8) Customary home occupations provided that there shall be not external evidence of such occupations, except an announcement or sign exceeding one square foot in area, flush with the front of the building, provided that no such sign shall be illuminated;
(9) A duplex or two-family dwelling may be approved with no less than 720 square feet per living unit; and/or
(10) Swimming pools subject to § 152.077.
(C) Lot width, frontage, and area. The width and street frontage of a lot shall be a minimum of 50 feet at the building line and there shall be a minimum 5,000 square feet in area, exclusive of rights-of-way. Whenever public sewer and/or water facilities are not available and no unit sanitary sewer is available, the Board of Health requirements for lot area shall prevail, but shall not be less than 12,000 square feet in area, exclusive of rights-of-way. The lot area shall be used to determine the amount of lot coverage allowed in accordance with § 152.022.
(D) Front yard setback - all lots. There shall be a front yard setback of a minimum 20 feet in depth measured from the right-of-way line to the front wall of the building.
(E) Side yard setback - interior lots. There shall be two side yard setbacks of an interior lot, each being a minimum ten feet in width measured at right angles to the side property line.
(F) Side yard setback - corner lots. There shall be two side yard setbacks of a corner lot. The side yard adjoining the street shall be a minimum of 20 feet in depth measured from the right-of-way line to the side wall of the building. The side yard adjoining the adjacent property shall be a minimum of ten feet in width measured at right angles to the side property line.
(G) Rear yard setback - all lots. There shall be a rear yard setback of a minimum 20 feet in depth measured from the rear property line to the rear wall of the building.
(H) Height. No building or structure shall exceed 30 feet in height.
(I) Minimum floor area and building width. The minimum floor area of any dwelling shall be not less than 950 square feet, exclusive of garages, carports, open porches, or breezeways. The dimensions of the dwelling shall be not less than 20 feet in width nor less than 24 feet in depth. However, a manufactured home or mobile home complying in all respects to the requirements hereinabove may not be required to be 20 feet in width.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99