(A) Required setbacks.
(1) Minimums. Minimum required setbacks shall be as set forth in each district Table 4.2: Residential Districts Lot Standards and Table 4.3: Nonresidential Districts Lot Standards. The required setback shall be measured from the existing right-of-way or the proposed right-of-way as set forth in the Center Township thoroughfare plan, whichever is greater.
(2) Through lots. Any lot having a frontage on two approximately parallel streets or abutting more than one street, shall be considered to have two or more front yards and shall conform to the minimum setbacks as specified for each district in Chapter 4.
(3) Corner lots. Any lot having a frontage on two approximately perpendicular streets shall be considered to have two or more front yards.
(4) Alley abutting rear or side yard. Principal structures shall be set back as specified in Chapter 4. Accessory structures on the rear or side of a lot abutting an alley shall be set back a minimum of five feet from the right-of-way (not the edge of pavement).
(5) Obstruction. Minimum required yards or building setback distances shall be unobstructed and open to the sky, except for customary projections and signs, in accordance with Chapter 4 of this ordinance.
(B) Permitted encroachments in required yards. No structure or part thereof shall encroach upon any required yard. However, the following shall not be considered encroachments when located within the required yards except in areas required for vision clearance at intersections.
(1) Permitted encroachments in required front yards.
(a) An eave, cornice, overhang, awning, porch, balcony or bay window not exceeding four feet; provided, however, that in no event shall the encroachment protrude closer than 20 feet to a front lot line. However, in the Central Business (CB) District, these encroachments may be permitted subject to the standards of the Downtown Overlay District, provided they do not interfere with intersection visibility as set for in § 7.2 or with the Board of Public Works and Safety requirements for sidewalk clearance;
(b) The ordinary projection of belt courses, sills, lintels, chimneys and other similar ornamental and architectural features not exceeding two feet;
(c) Unenclosed, uncovered steps, entrance platforms, terraces or landings not over 18 inches above grade level and not to project a distance in excess of ten feet;
(d) Accessory uses such as public utility installations, walks, driveways, curbs, mail boxes, name plates, lamp posts, bird baths and structures of a like nature in any required front, side or rear yard;
(e) Fences that are at least 50% open, walls and hedges not to exceed 42 inches in height; and
(f) Plants including trees, shrubs and perennials.
(2) Permitted encroachments in required side and rear yards.
(a) An eave, cornice overhang, awning, canopy or balcony not exceeding four feet; provided, however, that the encroachment shall not protrude closer than 50% of the required distance to any side or rear lot line;
(b) The ordinary projection of belt courses, sills, lintels, chimneys and other similar ornamental and architectural features not exceeding two feet; provided, however, that the encroachment shall not protrude closer than 50% of the required distance to the rear lot line;
(c) Unenclosed, uncovered steps, entrance platforms, terraces or landings not over 18 inches above grade level and shall not encroach more than 50% into the yard;
(d) Accessory uses such as public utility installations, walks, driveways, curbs, retaining walls, mail boxes, name plates, lamp posts, bird baths and structures of a like nature;
(e) Fences, latticework, screens, hedges or walls not more than six feet in height;
(f) Plants including trees, shrubs and perennials;
(g) Open, off-street parking spaces, according to the provisions set forth in § 7.5; and
(h) Balconies, breezeways and open porches and decks; provided, however, that the encroachment shall not protrude closer than 50% of the required distance to the side and rear lot line.
(3) Agricultural use. Nothing contained in this subsection shall be deemed to prohibit the erection or maintenance of an open fence in connection with an agricultural use.
(4) Setback distance exceptions. Any yard or setback line so placed or oriented that none of the specific terms in this ordinance are applicable shall necessitate a determination by the Planning and Zoning Administrator of suitable dimensions generally required for a similar situation in the zoning district.
(C) Placement of structures.
(1) Lot access and frontage. Every building hereafter erected or moved shall be located on a lot with frontage and access on a public street; or with frontage and access to an approved private street and all buildings shall be so located on lots as to provide for safe and convenient access, fire protection and required off-street parking.
(2) Lot dimensions. Every building hereafter erected shall be located on a lot which meets the minimum zoning requirements for the district in which it is located unless otherwise specified for planned unit developments or as specified in Chapter 6.
(3) Relocation of structures. No buildings or structures shall be moved from one lot or premises to another unless the building shall thereupon conform to all the regulations of the zoning district to which the building shall be moved.
(4) One principal building per lot. In no case shall there be more than one principal structure and associated accessory structure located on one lot; except that principal structures designated and platted as a single unit under single ownership and control, such as multifamily developments, shopping centers and combined industrial operations may be permitted on one lot in accordance with the provisions of this ordinance.
(5) Placing structures over utility easements. No building or structure shall be placed or erected over utility easements, except for lot line fences which shall be subject to the paramount right of the utility or municipality to install, repair, maintain or replace its installation.
(D) Exceptions to district requirements.
(1) Infill development; front setback. The front setback shall be as required in Table 4.2: Residential Districts Lot Standards and Table 4.3: Nonresidential Districts Lot Standards. Except in areas where 50% or more of the lots in a block are developed, the average of the existing front setbacks of structures for 150 feet on either side may be used as the minimum front setback.
(2) No part of a required setback (yard), open space, off-street parking, loading space or bufferyard shall be included as part of a required yard, open space or off-street parking or loading space similarly required for any other building, unless specified elsewhere in this ordinance.
(Ord. 07-16, passed 12-10-2007)
Statutory reference:
Condominium property law, see I.C. 32-25