§ 156.022 DISTRICT BOUNDARIES.

   (A)   Lot standards established. The lot standards for each zoning district shall be as specified in the description of each district in this subchapter. Lot standards shall include, but not be limited to, front yard setback, side yard setback, rear yard setback, lot area, lot width, lot frontage, lot depth, height, living and ground floor areas, and lot coverage. A summary of the lot standards is provided in the table below.

LOT STANDARDS
Zoning District	Min. Lot Area5	Max. Lot Area	Min. Lot Width	Max. Lot Coverage (all hard surfaces)	Min. Front Yard Setback1	Min. Side Yard Setback	Min. Rear Yard Setback	Min. Living Area	Min. Ground Floor Living Area	Max. # Primary Structures Per Lot	Max. Height
Agricultural Zoning District
A	1.5 acres (septic) 1 acre (sewer)	NA	125 ft.	25%	50 ft.	15 ft.	15 ft.	1,200 sq. ft.	40%	1 dwelling	40 ft.
Single-Family Residential Zoning Districts
RR	1.5 acres (septic) 1 acre (sewer)	NA	125 ft.4	35%	50 ft.	15 ft.	15 ft.	1,200 sq. ft.	60%	1 dwelling	40 ft.
R1.0	23,000 sq. ft.	NA	125 ft.4	35%	50 ft.	15 ft.	15 ft.	1,200 sq. ft.	40%	1 dwelling	35 ft.
R2.5	14,000 sq. ft.	NA	90 ft.4	35%	40 ft.	15 ft.	15 ft.	1,200 sq. ft.	40%	1 dwelling	35 ft.
R3.5	11,000 sq. ft.	NA	80 ft.4	40%	35 ft.	10 ft.	15 ft.	1,100 sq. ft.	40%	1 dwelling	35 ft.
R5.0	7,500 sq. ft.	NA	65 ft.4	45%	35 ft.	10 ft.	15 ft.	950sq. ft.	40%	1 dwelling	35 ft.
RMH	5 acres (park) 4, 000 sq. ft. (home)	NA	100 ft. (park) 30 ft. (home)	50%	50 ft. (lot) 15 ft. (home)	50 ft. (lot) 10 ft. (home)	50 ft. (lot) 10 ft. (home)	720 sq. ft.	100%	1 dwelling per site	35 ft.
Multi-Family Residential Zoning Districts
RM	4,000 sq. ft. per 1 BR 5,000 sq. ft. per 2 BR 6,000 sq. ft. per 3 BR	NA	100 ft.	75%	40 ft.2	50 ft.3	50 ft.	Average 1,000 sq. ft.	750 ft.	NA	45 ft.
Commercial Zoning Districts
CN	23,000 sq. ft.	100,000 sq. ft.	100 ft.	75%	20 ft.2	10 ft.3	20 ft.2	750 sq. ft.	NA	NA	45 ft.
CC	1 acre/ 43,560 sq. ft.	NA	125 ft.	75%	50 ft.2	15 ft.2	20 ft.2	500 sq. ft.	NA	NA	45 ft.
CR	2.5 acres	NA	150 ft.	75%	50 ft.2	15 ft.2	30 ft.2	750 sq. ft.	NA	NA	55 ft.
Institutional Zoning District
IN	1 acre	NA	100 ft.	50%	25 ft.2	50 ft.	NA	NA	NA	NA	50 ft.
IBP	1 acre	NA	250 ft.	75%	50 ft.2	25 ft.2	50 ft.2	NA	NA	NA	50 ft.
IL	2 acres	NA	125 ft.	75%	50 ft.2	25 ft.2	50 ft.2	NA	NA	NA	50 ft.
IG	5 acres	NA	125 ft.	75%	100 ft.2	50 ft.2	100 ft.2	NA	NA	NA	50 ft.

 

1   As measured from the right-of-way as designated in the Thoroughfare Plan.

2    Minimum building separation - 25 feet.

3   Additional buffer yard requirements may apply.

4   Minimum lot frontage for a lot on a cul-de-sac or curve is 45 feet. For all cul-de-sac streets, the minimum depth of front yard shall be 35 feet from the road right-of-way regardless of street width.

5   For purposes of this section, lots or parcels not served by a community, municipal, private or public wastewater treatment or sanitary sewer system approved by the Indiana Department of Health shall be subject to the same lot and yard requirements as specified for the A District.

   (B)   General lot requirements. All lots shall comply with the following requirements consistent with the applicable lot standards:

      (1)   Legal nonconforming lots. All lots legally established prior to the effective date of this chapter which are in conflict with the lot standards shall be considered legal non-conforming lots consistent with the provisions of §§ 156.090 et seq.

      (2)   Compliance requirements. Except as provided in this chapter, no structure shall be erected, altered, enlarged or reconstructed unless such alteration, enlargement, or reconstruction conforms with the lot regulations of the zoning district in which it is located. The lot requirements of this subchapter shall not apply in instances where this chapter specifically provides alternate requirements, such as an overlay zoning district.

      (3)   Setback standards. No portion of any structure is allowed to be located within the required setbacks. Structures shall include, but not be limited to garages, carports, balconies, roofs, decks, chimneys, fire escapes, and platforms above adjacent grade level. Parking spaces, interior drives, other vehicle use areas and sidewalks shall be permitted within the required setbacks at adjacent grade level subject to the requirements of this chapter. Violation of these standards will subject the property owner to the penalties described under §§ 156.115 et seq.

   (C)   Development standards. All structures and land uses, including any alterations to either, that are established or otherwise occur after the effective date of this chapter shall conform to the development standards provided by this chapter. The development standards that apply to each zoning district shall be as cross-referenced in the description of each district in this subchapter and as described in the development standards set forth in §§ 156.060 et seq. The development standards shall not apply in instances where this chapter specifically provides alternate requirements, such as an overlay zoning district or performance-based standards.

   (D)   Dwellings. In any district, no residential primary or accessory structure may be located closer than 750 feet to a waste control structure for a confined feeding operation as required and defined by I.C. 13-18-10. This provision shall apply only to structures that would require a building permit pursuant to this chapter. This provision may be waived or modified subject to the granting of a special exception by the Board of Zoning Appeals.

   (E)   Confined feeding. No confined feeding operation, as defined in I.C. 13-18-10, or waste control structure for a confined feeding operation may be located closer than 100 feet to a street right-of-way line, 750 feet to an existing residential zoning district boundary line, or 750 feet to an existing residential primary or accessory structure other than that of the applicant. This provision shall apply only to those structures that would require a building permit pursuant to this chapter. This provision may be waived or modified subject to the granting of a special exception by the Board of Zoning Appeals.

   (F)   Dwellings - concentrated animal feeding operations. In any district, no residential primary or accessory structure may be located closer than 750 feet to the property boundary line of a waste control structure for a concentrated animal feeding operation, as required and defined by 40 CFR 122.23. This provision shall apply only to structures that would require a building permit pursuant to this chapter. This provision may be waived or modified subject to the granting of a special exception by the Board of Zoning Appeals.

   (G)   Concentrated animal feeding operation. No concentrated animal feeding operation or waste control structure for a concentrated animal feeding operation, as defined by 40 CFR 122.23, may be located closer than 750 feet to an existing residential zoning district boundary line or 750 feet to the property boundary line of the applicant. This provision shall apply only to those structures that would require a building permit pursuant to this chapter. This provision may be waived or modified subject to the granting of a special exception by the Board of Zoning Appeals.

   (H)   (1)   Exception. Notwithstanding § 156.022(G), a concentrated animal feeding operation as defined by 40 CFR 122.23, or waste control structure for a concentrated animal feeding operation, may be located no closer than 350 feet to an existing residential zoning district boundary line or 350 feet to the property boundary line of the applicant, provided that the operation complies with the following buffering standards.

      (2)   General buffering standards. A buffer yard of shrubs and evergreen trees shall be located a maximum of 100 feet (as measured from the base of the mound) from the concentrated animal feeding structures or waste control structures, and surround the entire feeding operation. Adequate ingress and egress through the buffer yard shall be approved by the Planning Director. All required shrubs shall be minimum 24 inches tall, as measured from grade at time of planting. The final minimum height of the buffer shall not be less than eight feet in height at any point where the buffer is required. The shrubs and trees shall be supplemented by an undulating mound, a minimum of three feet in height, with a maximum slope of 3:1 (rise:run).

         (a)   Responsibility. The owner of the property being developed or otherwise changed in use is responsible for installing the buffer yard at the time of that development or change. The adjacent property owner shall not have to participate in installing the buffer yard.

         (b)   Planting location. Required buffer yard shrubs and trees may be placed either at regular intervals or in irregular patterns representing a natural landscape. No buffer yard or required landscape materials shall be placed within any easement, right-of-way or septic field.

         (c)   Tree size. Evergreen conifers must be a minimum of two feet in height, measured from the top of the root ball when planted. The separation between trees shall not exceed eight feet on center.

         (d)   Ground cover. All portions of the buffer yard not planted with trees, shrubs or other landscaped materials shall be covered with grass or other ground-covering vegetation. Landscaping stone or other non-vegetative surfaces may not be substituted for ground-covering vegetation unless otherwise approved by the Planning Director.

         (e)   Maintenance. All landscape materials must be properly maintained and kept in a neat and orderly appearance, free from all debris and refuse.

            1.   All plant material that, in the opinion of the Planning Director, is unhealthy or dead shall be replaced by the end of the next spring or fall planting season.

            2.   Landscape materials are intended to grow, spread and mature over time. Pruning, limbing-up, topping and other growth-inhibiting measures may only be used to ensure the public safety.

         (f)   Qualifying trees and shrubs. Refer to the evergreen tree and shrub species tables in § 156.075 for the list of qualifying trees and shrubs.

   (I)   Residential facility for the developmentally disabled type I. A residential facility which provides residential services for not more than eight developmentally disabled individuals, as defined by I.C. 12-28-4-8 and established under a program authorized under I.C. 12-11-1.1(e)(1) or I.C. 12.11-1.1(e)(2), shall meet the same zoning requirements, development standards and building codes as other residential structures or improvements in the same residential zoning district or classification.

(Ord. 2007-1B, passed 2-5-07; Am. Ord. 2007-6F, passed 7-23-07; Am. Ord. 2007-9B, passed 10-1- 07; Am. Ord. 2008-12B, passed 12-29-08; Am. Ord. 2009-2A, passed 2-2-09; Am. Ord. 2011-3D, passed 3-15-11; Am. Ord. 2015-12C, passed 12-1-15)

Cross-reference:

   Nonconformities, see §§ 156.090 et seq.