(A) Intent. The provisions set forth in this section are intended to qualify and supplement the district regulations in the interest of public safety.
The following regulations shall apply to all development along primary streets and major thoroughfares and at roadway intersections.
(B) Intersection visibility area.
(1) Intersection visibility requirements: On a corner lot in any district, no fence, hedge, wall, sign or other structure shall be erected, placed, planted or allowed to grow, and no motor vehicle or recreational vehicle may be placed in such a manner as to impede vision between a height of 3 feet and 8 feet above the established curb level of the
ntersecting streets in the area bounded by the street lines (curbs) of the corner lots and a line joining points along the street lines 50 feet from the point of the intersection; except that the location of principal buildings, traffic control devices and public utility fixtures shall not be affected by this requirement (see Figure 26.B).
Figure 26.E Intersection Visibility Requirement
(2) Driveway and alley visibility requirements. At intersections of driveways and alleys with streets, no fence, hedge, wall, sign or other structure shall be erected, placed or allowed to grow, and no motor vehicle or recreational vehicle may be placed in such a manner as to impede vision between a height of 3 feet and 8 feet above the established driveway or alley grade level in the area
bounded by the driveway or alley lines and lot lines and a line joining points along the lines 8 feet from the point of intersection of the driveway or alley lines and such lot lines (see Figure 26.C).
(C) Primary street setback. The following setback requirements shall apply to property located along primary streets as designated in this chapter:
(1) No structure (excepting monument signs, portable display signs, temporary signs, public information signs, public safety signs and front yard fences), parking area, loading area or service drive shall be placed within 55 feet of the center line of the right-of-way of any primary street. No existing structure, parking area, loading area or service drive or part thereof within 55 feet of the center line shall be reconstructed, extended, enlarged or altered, except as herein provided.
(a) Monument signs, public information signs and permitted front yard fences may be placed within the primary street setback subject to the filing of an agreement prepared by the city which forfeits the property owner’s rights to hold the city liable for the cost of the improvement or improvements should the primary street ever be widened.
(b) Portable display signs and temporary signs may be placed within the primary street setback no closer than five feet to any public right-of-way subject to all other requirements of this section.
(2) Property located in the city but fronting a primary street located entirely outside the city shall conform to the setback requirements for that street under applicable Elkhart County ordinances.
(3) The following streets in the city are designated as primary streets:
Baldwin Street | From Cassopolis Street to Bristol Street |
Beardsley Avenue | From Osolo Road to West City Limits |
Benham Avenue | From Harrison Street to South City Limits |
Bristol Street | From East City Limits to West City Limits |
California Road | From Nappanee Street to West City Limits |
County Road 3 | From Fort Wayne Road to California Road |
County Road 108 | From County Road 3 to West City Limits |
County Road 15 | From North to South City Limits |
Edwardsburg Avenue | From Riverside Drive to Bristol Street |
Fort Wayne Road | From Nappanee Street to West City Limits |
Franklin Street | From Vistula Street to West City Limits |
Goshen Avenue | From Jackson Boulevard to South City Limits |
Hively Avenue | From East City Limits to West City Limits |
Indiana Avenue | From East City Limits to West City Limits |
Jeanwood Drive | From Bristol Street to North City Limits |
Johnson Street | From Jackson Boulevard to North City Limits |
Lexington Avenue | From Vistula Street to West City Limits |
Main Street | From Prairie Street to South City Limits; |
From Beardsley Avenue to Bristol Street | |
Michigan Street | From Beardsley Avenue to North City Limits |
Middleton Run Road | From Jackson Boulevard to South City Limits |
Middlebury Street | From Main Street to East City Limits |
Mishawaka Road | From East City Limits to West City Limits |
Mishawaka Street | From Nappanee Street to Edwardsburg Avenue |
Nappanee Street | From North City Limits to South City Limits |
Oakland Avenue | From Franklin Street to South City Limits |
Osolo Road | From Bristol Street to North City Limits |
Pleasant Plain Avenue | From Hively Avenue to South City Limits |
Prairie Street | From Jackson Boulevard to South City Limits |
Richmond Street | From Waterfall Drive to McDonald Street |
Sterling/Hammond Avenue | From Indiana Avenue to South City Limits |
Toledo Road | From Goshen Avenue to East City Limits |
Vistula Street | From Franklin Street to Jackson Boulevard |
Waterfall Drive | From Jackson Boulevard to Richmond Street |
(D) Major thoroughfare setback. The following setback requirements shall apply to property located along major thoroughfare streets as designated in this chapter:
(1) No principal building or structure shall be placed within 120 feet of the center line of the right-of-way of any street designated a major thoroughfare.
(2) (a) No structure (excepting monument signs, portable display signs, temporary signs, public information signs, public safety signs and front yard fences), parking area, loading area or service drive shall be placed within 55 feet of the center line of the right-of-way of any designated major thoroughfare.
(b) No existing structure, parking area, loading area or service drive or part thereof within 55 feet of the center line shall be reconstructed, extended, enlarged or altered, except as herein provided.
1. Monument signs, public information signs and permitted front yard fences may be placed within the major thoroughfare setback subject to the filing of an agreement prepared by the city which forfeits the property owner’s rights to hold the city liable for the cost of the improvement or improvements should the major thoroughfare ever be widened.
2. Portable display signs and temporary signs may be placed within the major thoroughfare setback no closer than 5 feet to any public right-of-way subject to all other requirements of this section.
(c) Property located in the city but fronting a major thoroughfare located entirely outside the city shall conform to the setback requirements for that street under applicable Elkhart County ordinances.
(d) The following streets in the city are hereby designated as major thoroughfares:
Cassopolis Street | From Bristol Street to North City Limits |
County Road 6 | From the East to West City Limits |
County Road 17 | From the North to South City Limits |
John Weaver Parkway | County Road 6 to Nappanee Street |
(1979 Code, § 151.189) (Ord. 4370, passed 7-20-1998; Am. Ord. 4762, passed 8-1-2003; Am. Ord. 5044, passed 7-9-2007; Am. Ord. 5618, passed 9-11-2017)