(A) Purpose. The R-5 District is designed to control development and redevelopment in existing older residential neighborhoods originally created primarily for single-family residences. Over the years many of these neighborhoods have experienced an increase in the intensity of use due to the conversion of older single-family residences to 2 or more residential unit structures. The goal of this district is to ensure this development does not create a detriment to the neighborhood due to inadequate parking and infrastructure, undersized lots and general incompatibility with the surrounding neighborhood. Limitations on permitted uses and specific criteria for increasing use intensities are incorporated to protect the integrity and viability of these older established neighborhoods.
(B) Permitted uses.
(1)
One-family dwellings located on a permanent foundation with a minimum width of 24 feet and a minimum of 950 square feet of habitable space. The primary facade of the structure shall face a public street.
(2) Home occupations;
(3) Temporary structures, used for construction site purposes for a period not to exceed 6 months;
(4) Accessory structures and uses;
(5) Not more than 4 domestic animals over 16 weeks of age;
(6) Sheltered living homes licensed by the State of Indiana;
(7) Radio towers owned by federally licensed amateur radio operators;
(8) Two-family dwellings; and
(9) Multiple-family dwellings up to and including 6 units.
(C) Special exception uses.
(1) Cemeteries;
(2) Places of worship;
(3) Schools, colleges and libraries;
(4) Day care home;
(5) Day care center, located on a collector or arterial street;
(6) Nursing homes and assisted living facilities;
(7) Private clubs or lodges;
(8) Public utilities and service uses;
(9) Sheltered living homes not licensed by the State of Indiana;
(10) Bed and breakfast homes;
(11) Hospitals; and
(12) Parks, playgrounds, and community centers.
(D) Conditional uses.
(1) Approval needed. The following uses shall require approval by the Board of Zoning Appeals as conditional uses within the R-5 district:
(a) Professional and governmental offices and offices of charitable organizations;
(b) Boarding and lodging homes;
(c) Dormitories; and
(d) Fraternity and sorority houses.
(2) Supplementary information. In addition to the information required in § 151.288, an application for a conditional use shall include the following supplementary information:
(a) Documentation from the city’s Public Works and Utilities Department that sufficient capacity exists within the public infrastructure system (sanitary sewer and water) and on site (surface drainage retention) to support the proposed development;
(b) Number, size and location of paved on-site parking spaces as required by the city’s Zoning Ordinance, including screening;
(c) Percent of lot remaining as open space excluding all structures, drives and parking areas; and
(d) Use of all structures within 200 feet of the petitioned property.
(3) Board of Zoning Appeals review. In order to grant approval of a conditional use in the R-5 District, the Board of Zoning Appeals must find that the following standards, together with the standards applicable to conditional uses specified in § 151.287, have been met:
(a) The proposed conditional use is consistent with existing neighborhood density;
(b) The proposed conditional use is compatible with existing neighborhood uses and character;
(c) The proposed development (including all structures, drives and parking areas) will not occupy more than 60% of the total lot area;
(d) Sufficient capacity exists both within the public infrastructure system (sanitary sewer and water) and on site (surface drainage retention) to support the proposed development; and
(e) The proposed conditional use will not adversely affect the stability and viability of the existing residential neighborhood.
(E) Yard regulations.
(1) The yard requirements for the R-5, Urban Residential District are as follows: (All standards are minimums except as noted.)
(a) One-family:
1. Lot size: 6,000 square feet.
2. Frontage: 50 feet
3. Setbacks:
a. Front yard: Conform to established building setbacks.
b. Side yards: 7 feet for each side yard.
c. Rear yard: 30 feet or established setbacks if adjacent to a river or creek.
d. Corner side yard: The corner side yard setback is determined by measuring the average established setback of the structures within the same block between 2 intersecting streets. This calculation would equal the established front yard setback for the side street.
4. Maximum structure height: Conform to average height of existing structures on the block.
5. Maximum lot coverage for structures: 40% total for all structures, except as specified for conditional uses.
(b) Two-family:
1. Lot size: 7,200 square feet.
2. Frontage: 60 feet.
3. Setbacks:
a. Front yard: Conform to established building setbacks.
b. Side yards: 7 feet for each side yard.
c. Rear yard: 30 feet or established setbacks if adjacent to a river or creek.
4. Maximum structure height: Conform to average height of existing structures on the block.
5. Maximum lot coverage for structures: 40% total for all structures, except as specified for conditional uses.
(c) Multi-family:
1. Lot size: A minimum of 7,500 square feet including at least 1,500 square feet for each efficiency unit or sleeping room; and at least 2,500 square feet for each other dwelling unit.
2. Side yard setback: 10 feet for each side yard.
(d) All other uses:
1. Lot size: 10,000 square feet.
2. Side yard setback: 10 feet for each side yard.
(2) The planning staff may approve an increase in height of up to 70 feet for a radio tower that is:
(a) Structurally attached to primary structures;
(b) Owned by federally licensed amateur ham radio operators; and
(c) When it has been demonstrated by study that the additional height is necessary for effective operation of the radio tower.
(F) Supplemental regulations.
(2) Wetlands Conservation District regulations: §§ 151.145 et seq.
(3) Air Space Control Area regulations: §§ 151.210 et seq.
(4) Accessory structures and swimming pool requirements: § 151.225.
(5) Permitted obstructions in required yards: § 151.227.
(6) Fence requirements: § 151.228.
(7) Intersection visibility area requirements: § 151.229.
(8) Primary street setback requirements: § 151.229.
(9) Off-street parking and loading requirements: § 151.231.
(10) Sign regulations: § 151.234.
(1979 Code, § 151.039) (Ord. 4370, passed 7-20-1998; Am. Ord. 4431, passed 7-12-1999; Am. Ord. 4457, passed 12-6-1999; Am. Ord. 4542, passed 12-4-2000; Am. Ord. 4762, passed 8-1-2003
; Am. Ord. 4960, passed 4-3-2006; Am. Ord. 5175, passed 7-20-2009)
Penalty, see § 151.999