(A) Lot area and yards.
(1) When 2 parcels of land, either of which lacks adequate area or dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in 1 ownership, they shall be considered 1 zoning lot.
(2) No yard or lot existing at the effective date of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
(3) No part of a yard or other open space or off-street parking or loading space required in connection with any structure shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other structure.
(B) Building on a zoning lot.
(1) Every structure hereafter erected or altered to provide dwelling units shall be located on a zoning lot, and there shall not be more than 1 such principal structure on any zoning lot in an R-1, R-2, R-3 or R-5 residential district, except in planned unit developments.
(2) Except as otherwise provided in this chapter, every structure shall be constructed or erected upon a lot or parcel of land which abuts on a public street. Permits for structures proposed on permanent easements of access to a public street may be obtained, provided:
(a) The easement and the location of a structure on any lot facing such easement have been approved by the Plan Commission;
(b) The lot shall meet the requirements set forth in this chapter; provided that, the access easement shall not be included in the zoning lot area;
(c) If city sewers are not provided, the lot shall meet the requirements of the local and state health departments.
(3) All residential detached principal buildings shall have a minimum width of 24 feet and a minimum of 950 square feet of habitable space.
(4) The space between the floor joists of the building and grade level shall be completely enclosed with a permanent perimeter enclosure, except for required openings, and can be secured to it by any manner approved by the Building Commissioner.
(5) The Board of Works may approve or disapprove applications for permits to construct a driveway entrance and approach to all public streets and alleys. The Board of Works may refer to the Plan Commission for a driveway entrance and approach to primary streets. The Plan Commission shall report their recommendations to the Board of Works within 3 days after the next regularly scheduled meeting of the Plan Commission.
(C) Utility exemptions.
(1) The following structures and uses are exempted by this chapter and permitted in any district: poles, cables, conduits, laterals, pipes, mains, valves or any similar distributing equipment for electric power, telephone, gas, water and sewer lines of a public utility or municipality.
(2) The installation shall conform where applicable with the rules and regulations of other public authorities having jurisdiction.
(D) Subdivision as permitted use. A subdivision, as defined and regulated in the Subdivision Regulations of the City of Elkhart, shall be a permitted use in all zoning districts of the city provided that the uses intended in the proposed subdivision meet the requirements of this chapter.
(1979 Code, § 151.009) (Ord. 4370, passed 7-20-1998)