(A) Additions along a legally established nonconforming setback. The minimum front yard, minimum side yard, or minimum rear yard for any legally established nonconforming building having a setback which is less than that which is required by this chapter shall be allowed to expand 1 or more times along the legally established nonconforming setback.
(B) Additional front setback provisions.
(1) Public streets. In the case where the thoroughfare plan does not include a proposed right-of-way, or where the existing right-of-way is greater than the proposed right-of-way, the existing right-of-way line shall be used for setback measurement.
(2) Public streets and private streets.
(a) The minimum front yard and minimum building setback from the right-of-way line of a private street shall be the same as for “all other streets” in the applicable Residential District.
(b) The setback provisions of this chapter are subject to the following modification:
In any block in any Residential District contained in this chapter in which an existing front yard setback is established by existing, legally established nonconforming buildings or structures on more than 60% of the total number of lots within the same block face fronting on the same public street, the minimum front yard setback for any new building, structure, or addition along the block face shall be the average of that established front yards, if the average dimension is less than the minimum front yard setback established by this chapter.
(3) Double frontage lots.
(a) Limited access highway rights-of-way. That portion of a double frontage lot which abuts a limited access highway right-of-way shall be subject to setback and landscaping requirements of this chapter applicable to minimum rear yards.
(b) All other streets. That portion of a double frontage lot which abuts any perimeter street in which a “non-access easement” is provided for by a properly approved and recorded plat shall be subject to setback and landscaping requirements of this chapter applicable to minimum rear yards.
(4) Enclosure of legally established nonconforming porches. Legally established nonconforming porches which encroach no more than 8 feet into a minimum front yard, may be enclosed subject to compliance with the following regulations:
(a) Shall not exceed 17 feet or 2 stories in height;
(b) Enclosing walls shall contain windows over a minimum of 75% of the width of the outside wall and a minimum average window sash height of 50% of the room height; and
(c) Containing no interior partitions.
(C) Setback regulations for laterally-supported extensions. Notwithstanding any setback regulations of this chapter to the contrary, laterally-supported extensions, such as either division (C)(1) or (C)(2):
(1) Canopies, sills, belt courses, eaves, cornices, bay windows, roof overhangs, or other ornamental features, may extend a maximum of:
(a) Three feet into any minimum front yard or minimum rear yard; or
(b) Twelve inches into any minimum side yard.
(2) Open or enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers may extend a maximum of 5 feet into any minimum front yard, minimum side yard or minimum rear yard.
(D) Height regulations for roof mounted or roof piercing structures. The following regulations shall apply to the roof mounted or roof piercing structures in any Residential District:
(1) Parapet walls may exceed the maximum building height, provided the parapet wall does not exceed 4 feet in height above the roof line; and
(2) Roof mounted or roof piercing chimneys, cooling towers, elevator bulkheads, mechanical penthouses, stacks, water towers, radio or television antenna, ornamental towers, cupolas, domes, steeples, and spires may exceed the maximum building height, provided the structures do not exceed 25 feet in height above the roof line.
(E) Lot area and lot width regulations for legally established nonconforming lots of record. See § 152.058.
(F) Additional standards for manufactured home dwellings.
(1) Construction. All manufactured home dwellings shall comply with the following requirements:
(a) Compliance with federal standards. Each module of a manufactured dwelling home must bear a label certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standards Law of 1974 (42 U.S.C. 5401 et seq.);
(b) Date of construction. Each manufactured home dwelling shall have been constructed after January 1, 1981;
(c) Main floor area. Each manufactured home dwelling shall have at least 950 square feet of main floor area (exclusive of garages, carports, and open porches); and
(d) Multiple sections. Each manufactured home dwelling shall be composed of more than 1 section.
(2) Installation standards. All manufactured home dwellings shall be installed in compliance with the following requirements:
(a) Permanent perimeter enclosure required. Each manufactured home dwelling shall be set into an excavated area with crawl space walls or basement walls constructed in accordance with the terms of the Indiana One and Two Family Dwelling Code. The space between the floor joists of the manufactured home dwelling and the excavated under-floor grade shall be completely enclosed with a permanent perimeter enclosure, except for required openings; and
(b) Support system. All load-bearing foundations for a manufactured home dwelling shall be installed in conformance with the regulations of the Indiana One and Two Family Dwelling Code and with the manufacturer’s installation specifications.
(3) Siding standards. The siding materials used on all manufactured home dwellings shall be limited to the following:
(a) Residential horizontal aluminum lap siding;
(b) Residential horizontal vinyl lap siding;
(c) Wood-grain, weather resistant, pressboard siding;
(d) Stucco siding;
(e) Brick siding; or
(f) Stone siding.
(4) Roofing standards. The roofing materials used on all manufactured home dwellings shall be limited to the following:
(a) Asbestos shingles on a roof pitched according to the design specifications of the shingles;
(b) Fiberglass shingles on a roof pitched according to the design specifications of the shingles;
(c) Shake shingles on a roof pitched according to the design specifications of the shingles;
(d) Asphalt shingles on a roof pitched according to the design specifications of the shingles;
(e) Slate; or
(f) Tile.
(Ord. 1221, § 3.11(f), passed 1-26-2010)