§ 159.120  GENERAL REGULATIONS.
   The regulations within each district shall be minimum regulations and shall apply uniformly, except as hereinafter provided.
   (A)   Allowable Use of Land and Building.
      (1)   No building, structure, or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.
      (2)   No structure shall be erected or altered to provide for greater height or bulk; to accommodate or house a greater number of families; to occupy a greater percentage of lot area; to have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required, or in any other manner contrary to the provisions of this chapter.
      (3)   No yard or lot existing at the time of passage 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 set forth herein.  No part of a yard or other open space or off-street parking or loading space required in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
      (4)   Encourage these home occupations to be primarily service oriented by limiting the intensity and retail design of these uses.
   (B)   Property Access.  No division of property shall be approved unless the lot(s) being created have frontage on and access to an existing street or a street shown upon a plat approved by the Plan Commission and recorded in the Hamilton County Recorder's Office. Such street shall be suitably improved to provide for safe and convenient access, fire protection, and required off-street parking or be secured by a performance bond required under the regulations of §§ 159.060 et seq., Subdivisions.
   (C)   Number of Buildings Per Lot.  Every building hereafter erected shall be located on a lot unless otherwise specified for planned developments.  In no case shall there be more than one principal building used for residential purposes, and its accessory buildings, located on one lot, except as otherwise provided in this chapter for a mobile home park or planned development.  If two or more principal non-residential buildings are located on a lot, the space between such buildings shall be as established by the yard setback requirements of the district in which the use is located.
   (D)   Minimum Yard Setback.  No structure shall be erected, placed, or moved to within any setback area except certain accessory structures as provided in § 159.121(B)(1).
   (E)   Topsoil Removal.  No person, firm, or corporation, without an improvement location permit, shall strip, excavate, or otherwise remove topsoil for sale, other than on the premises from which the same shall be taken except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto.  (Exception, 1-3 District.)
   (F)   Agriculture.
      (1)   Agriculture shall be a permitted use in all districts provided that:
         (a)   The agricultural use does not include the operation or maintenance of a commercial stockyard or confined feeding operation (feedlot).
         (b)   The use shall not include the feeding, keeping, or sheltering of animals or poultry in penned enclosures within seventy-five (75) feet of any residential district, except where animals are kept in soundproof, air-conditioned buildings, in which case the required setback shall be twenty-five (25) feet or the setback required by § 159.121(B)(3), whichever is greater.
         (c)   The Board of Zoning Appeals shall have the ability to grant a restricted commercial or retail operation as a component of the overall agricultural operation in any district as a conditional use. These operations shall not be construed to be permitted as an accessory use in any residential district.
      (2)   Barns, outbuildings, or other buildings, or structures which are adapted for agricultural purposes shall not be affected by the setback and size regulations of this chapter if they are located beyond the corporate limits of the City of Noblesville, except in those situations stated in division (B) above. These structures shall also be exempt from the building permit requirements with the completion of an application for agricultural exemption so long as they are designed to house farm machinery, animals, farm supplies, or products that are harvested from or utilized on a parcel of land. Commercial or industrial enterprises that store for sale items listed in the previous sentence are not eligible to file an application for agricultural exemption.
   (G)   Mineral Extraction, Exempt by State Law.  Nothing herein shall prevent, outside of urban areas, the complete use and alienation of any mineral resources or forests by the owner or a licensee thereof, pursuant to I.C. 36-7-4-1103. For the purpose of this paragraph, urban area shall include any land or lots used for residential purposes where there are eight (8) or more residences within one-quarter (1/4) mile square area, such other land or lots as have been or are planned for residential areas contiguous to incorporated cities or towns, or other land already incorporated into cities and towns; provided, however, that within these areas, mineral extraction may be permitted in an appropriate location. Uses that qualify for this exemption that are located within the Flood Hazard Zoning District must still obtain an Improvement Location Permit and provide general work plans identifying extraction areas, areas where spoils will be discarded, and other land disturbance activities. These uses are still subject to all applicable regulations of the Flood Hazard District.
   (H)   Vision Corner Clearance.  “VISION CORNER CLEARANCE” is a triangular space at the street corner of a corner lot, free from any kind of obstruction to vision, including buildings, structures, fences, signs, trees and shrubs between the heights of two and one-half feet and ten feet above the established street grade. Street grade is measured at the intersection of the centerlines of the intersecting street pavements. The triangular space is determined by a diagonal line connecting two points measured 15 feet equidistant from the lot corner along each property line at the intersections of two local streets or one local street and one alley; or 25 feet along each property line at the intersection of a local street and a collector, arterial expressway, or any combinations thereof. For measuring purposes only, an alley shall be determined as per the local street distances. For areas located within the Central  Core Map, Appendix G, this particular requirement may be modified and shall be approved by the City Engineer on a case-by-case basis.
   (I)   Height Pre-emptions.  Height requirements may be preempted by restrictions imposed by the Tall Structures Act or other airport height control restrictions, as applicable.  Mobile equipment may be any height.
   (J)   Allowable Encroachments.
      (1)   SR District.  No structure or part thereof shall project into a required rear or side yard except:
         (a)   Un-enclosed, uncovered steps, entrance platforms, terraces, or landings not over 18 inches above grade level;
         (b)   The ordinary projection of belt courses, sills, lintels, chimneys, and other similar ornamental and architectural features not exceeding 18 inches, or 20% of the required setback; whichever is less;
         (c)   An eave, cornice overhang, awning, balcony, or bay window not exceeding 20% of the required setback.
      (2)   All Other Districts.  No structure or part thereof shall project into a required rear or side yard except:
         (a)   Un-enclosed, uncovered steps, entrance platforms, terraces, or landings not over 18 inches above grade level;
         (b)   The ordinary projection of belt courses, sills, lintels, chimneys, and other similar ornamental and architectural features not exceeding 18 inches or 80% of the required setback, whichever is less.
         (c)   An eave, cornice overhang, awning, balcony, or bay window not exceeding four feet or 80% of the required setback, whichever is less.
      (3)   See list of other allowable encroachments for accessory structures contained in the accessory uses and structures regulations of this section.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 26-7-97, passed 9-29-97 Am. Ord. 48-6-05, passed 7-12-05; Am. Ord. 64-11-08, passed 12-9-08; Am. Ord. 46-07-16, passed 8-9-16; Am. Ord. 25-07-17, passed 8-15-17; Am. Ord. 37-10-20, 10-27-20)  Penalty, see § 159.999