Chapter 18.130
DEVELOPMENT STANDARDS

Sections:

18.130.010    Standards for principal structures and uses on principal lots.

18.130.020    Minimum floor area.

18.130.030    Platting and replatting.

18.130.040    Street frontage.

18.130.050    Setback requirements.

18.130.060    Fences, walls and hedges.

18.130.070    Accessory uses and structures.

18.130.080    Exclusion from height limitation.

18.130.090    Standards for mixed uses.

18.130.100    Commercial vehicle parking.

18.130.110    Use of residentially zoned property.

18.130.120    Residential lots of record.

18.130.130    House cars, trailers, mobile homes.

18.130.140    Garage or yard sale.

18.130.150    Standards for small cell facilities.

18.130.010 Standards for principal structures and uses on principal lots.

The standards established by Table A are the standards for principal structures or uses on individual lots, except as otherwise provided in EMC 18.130.050.

TABLE A

Standards for Principal Buildings on Individual Lots

District

Maximum Height (Feet)

Minimum Lot Size

(Square Feet)

Minimum Width (Feet)

Minimum Front Yard (Feet)

Minimum Side Yard (Feet)

Minimum Side Yard on a Street Side of a Corner Lot (Feet)

Minimum Rear Yard (Feet)

Lot Coverage

Green Space Required

A

35

6,000

60

256

55

10

25

30%

100%

FRONT

YARD

IN

ALL

ZONES

R-1

35

6,000

60

256, 7

55

10

25

30%

R-2

35

5,000

50

256, 7

55

10

25

40%

R-3

35

5,000

50

207

55

10

20

40%

R-4

40

5,000

50

207

55

10

20

40%

R-5

150

5,000

50

207

55

10

20

40%

CO-1

35

6,000

60

20

51,5

10

20

40%

CO-2

35

6,000

60

20

51,5

10

20

40%

C-1

35

NONE

NONE

104

51,5

10

NONE1

75%

C-2

50

NONE

NONE

104

NONE1

5

NONE1

75%

C-3

NONE

NONE

NONE

NONE4

NONE1

NONE

NONE1

NONE

C-4

50

NONE

NONE

104

NONE1

5

NONE1

75%

W-R

35

NONE

NONE

202,4

NONE1

5

NONE1

75%

W-I

NONE

NONE

NONE

102,4

NONE3

5

NONE3

75%

AIR

PER FAA

NONE

NONE

NONE3

NONE3

NONE

NONE3

75%

M-1

NONE

NONE

NONE

102,4

NONE3

5

NONE3

75%

M-2

NONE

NONE

NONE

102,4

NONE3

5

NONE3

75%

M-3

NONE

NONE

NONE

102,4

NONE3

5

NONE3

75%

F-1

NONE

NONE

NONE

NONE

NONE3

5

NONE3

10%

PUD

AS APPROVED IN THE DEVELOPMENT PLAN

CON

35

NONE

NONE

NONE

NONE

NONE

NONE

30%

 

1    See EMC 18.130.050(H).

2    Applies only to lots fronting on a dedicated street right-of-way.

3    See EMC 18.130.050(I).

4    See EMC 18.130.050(J).

5    See EMC 18.130.050(K).

6    See EMC 18.130.050(L).

7    See EMC 18.130.050(M).

[Ord. G-2013-1 §§ 1, 2, passed 2-26-13; Ord. G-2011-7 § 1(G), passed 5-16-11; Ord. G-2009-5 § 1, passed 4-13-09; 1982 Code § 153.015; 1983 Code § 15.153.015.]

18.130.020 Minimum floor area.

Standards for minimum floor area are as follows:

Single-family dwelling

720 square feet

Duplex and multiple dwellings:

 

Efficiency unit

400 square feet*

One-bedroom unit

500 square feet*

Two-bedroom unit

600 square feet*

Three plus bedroom unit

700 square feet*

 

*    Floor area per unit measured by outside measurements.

[1982 Code § 153.016; 1983 Code § 15.153.016.]

18.130.030 Platting and replatting.

(A) A building or structure, except a building for agricultural uses, may not be constructed on unplatted ground.

(B) A parcel of land platted after the effective date of the ordinance codified in this title must conform to the minimum lot area and lot width established for the district in which it is located.

(C) In all districts, a parcel of land may not be divided into two or more lots until a subdivision plat has been approved and recorded. Subdivision plats, including amended subdivision plats, must conform to the minimum lot area and lots widths established for the district in which they are located. (See EMC Title 17, Subdivisions.)

(D) In all districts adjoining platted lots, those lots having a common lot line and common zoning may adjust their common lot lines without replatting; provided, that the newly created sites meet all requirements of the zoning code for the district and create no additional lot(s).

(E) Corner lots may be refaced; provided, that the newly created sites meet the minimum lot requirements for the district. [1982 Code § 153.017; 1983 Code § 15.153.017.]

18.130.040 Street frontage.

(A) A residential lot must meet the requirements for minimum front lot width in EMC 18.130.010. On a curve, frontage may be measured at the building line.

(B) If a lot is bounded on two opposite sides by streets, minimum front yard setbacks shall be maintained on both front yards. Accessory buildings or structures may not be located in either front yard setback. The Area Plan Commission may make exceptions to this requirement through the subdivision approval process. [1982 Code § 153.018; 1983 Code § 15.153.018.]

18.130.050 Setback requirements.

(A) In all districts, the requirements of EMC 18.130.010 apply to minimum front, rear, and side yards.

(B) If the permitted use does not include buildings, the required yards must still be maintained.

(C) Every part of every required yard shall be open and unobstructed from the ground to the sky except as follows:

(1) Sills or belt courses may project not over 12 inches into a required yard.

(2) Cornices, eaves, gutters, or other projections from a building or structure may project not over three feet into a required yard, but may not extend closer than one foot to any lot line.

(3) Chimneys, fireplaces, pilasters, bay windows, or similar uses may project not over two feet into a required yard.

(4) Movable awnings may be placed over doors or windows in any required yard, but awnings may not project closer than two feet to any lot line, and may not be vertically supported.

(5) Unenclosed fire escapes, stairways, decks, and balconies may project not over five feet into a required rear yard and not over three feet eight inches into a required side yard. Unenclosed decks and balconies may not project over three feet into a required front yard, but may not extend closer than one foot to any lot line.

(6) Unroofed terraces, patios, or decks, not over three feet six inches above the ground except for railings, may extend five feet into a required front yard, 10 feet into a required rear yard, and three feet into a required side yard, but may not extend closer than one foot to any lot line.

(7) Hoods, canopies, or marquees may project not over three feet into a required yard, but may not extend closer than one foot to any lot line.

(8) With the exception of permitted driveways, all required front yards shall be planted and maintained in grass and/or other natural ground cover which establishes comparable aesthetic standards.

(D) All required yards and setbacks are measured from the property line or the right-of-way line, whichever is more restrictive.

(E) “Front yard” means the yard extending across the full width of the lot between the front line of the building and the front lot line. On a corner lot, the front lot line is the shorter of any two adjacent lot lines having frontage on a street.

(F) “Rear yard” means the yard extending across the full width of the lot between the rear line of the building, structure, or use and the rear line of the lot.

(G) “Side yard” means the yard between the foundation line of any part of the building, structure, or use and the side line of the lot, and extending from the front yard to the rear yard.

(H) If a commercial lot abuts a residential lot, an unobstructed yard at least 10 feet wide shall be provided adjacent to the residential lot. No primary or accessory uses or structures may be placed in this 10-foot yard.

(I) If an industrial or AIR lot abuts a residential lot, or a public, parochial or similar school for students in grades K through 12, or any subset of those grades within that range, an unobstructed yard at least 20 feet wide shall be provided adjacent to the residential lot. No primary or accessory uses or structures may be placed in this 20-foot yard.

(J) If a commercial or industrial lot abuts a residential lot in the same block frontage, the yard requirements in the residential district apply to the commercial or industrial district.

(K) On lots smaller than 40 feet in width, the boundaries of which were established by conveyance or plat before the enactment of this title, a percentage computation will apply: Every lot shall have a side yard on each side, each of which shall be at least 10 percent of the width of the lot and the aggregate width of both side yards on any lot shall be at least 25 percent of the width of the lot.

(L) A 20-foot front yard for residential lots with frontage on a cul-de-sac.

(M) Within Pigeon Township, the front yard may be reduced for single-family and duplex uses to the average setback of other existing residential principal structures within the same block, subject to the following:

(1) The depth of the front yard is not less than 10 feet.

(2) There is at least 15 feet of green space between the edge of the pavement (sidewalk or, if no sidewalk exists, back edge of the curb) and the front of any new residence or residential addition.

(3) The depth of the front yard for any front-loading garage attached to a residence is not less than 20 feet.

(4) Setback averaging shall be computed pursuant to the following:

(a) No homes built after 1980 shall be included in the averaging;

(b) Where there are residences on less than 50 percent of the home sites within the block, the calculation of the average setback can include an adjacent block along the same street;

(c) Where all homes have been demolished within the block and on the same side of the street, averaging is not required as the minimum setback must only comply with subsections (M)(1) and (2) of this section. [Ord. G-2013-1 § 3, passed 2-26-13; Ord. G-2011-7 § 1(H), passed 5-16-11; Ord. G-89-17, passed 5-24-89; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 3, § 4; 1982 Code § 153.019; 1983 Code § 15.153.019.]

18.130.060 Fences, walls and hedges.

(A) The height of fences, walls, or hedges in required yard setbacks may not exceed the following:

(1) Three feet in all required front yards on corner lots, and four feet in all other required front yards;

(2) Six feet along a side or rear lot line of residential property;

(3) Eight feet along a side or rear lot line of nonresidential property.

(B) A six-foot impassable fence shall surround all swimming pools, all accessories thereto, and all entries thereto. Swimming pools shall include but are not necessarily limited to pools over two feet in depth at any point. Swimming pools shall not include lakes.

(C) All junkyards, salvage yards, storage yards, outside storage areas, commercial vehicle and equipment parking lots, scrap yards, scrap metal reduction operations, garbage reduction operations, or similar operations to any of the above shall be completely enclosed with an opaque fence not less than eight feet high. This fencing requirement is mandatory for all storage areas for inoperable vehicles or inoperable equipment in conjunction with repair shops or similar operations when such storage areas abut residential areas or are visible from public thoroughfares. [Ord. G-89-17, passed 5-24-89; Ord. G-78-13, passed 5-8-78; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 3, § 5; 1982 Code § 153.020; 1983 Code § 15.153.020.]

18.130.070 Accessory uses and structures.

(A) A structure or use that is clearly incidental to a principal structure or use, and is located on the same lot or on an adjacent, undeveloped lot with the principal structure or use and in the same ownership, is an accessory use. All accessory uses are subject to the restrictions in this section.

(B) All accessory uses and structures must meet the following requirements:

(1) Accessory uses and structures must be operated and maintained under the same ownership and use as the principal use or structure, and must be a permitted use in the zoning classification in which they are located.

(2) Accessory structures must be subordinate in height and area to the principal residential structure, and accessory uses must be subordinate in purpose to the principal use.

(3) One accessory structure may be located on an otherwise undeveloped lot adjacent to a lot containing a principal residential structure where both lots are under common ownership if the following requirements are met:

(a) The accessory structure must meet the minimum front yard, and side yard on a street side of a corner lot, setback as established by EMC 18.130.010 and Table A;

(b) The accessory structure must be erected and maintained without any permanent foundation or utilities; and

(c) The accessory structure must not be occupied for dwelling or sleeping quarters.

(4) For the purpose of this subsection:

(a) “Area” means lot coverage, as used in EMC 18.130.010 and Table A;

(b) “Adjacent” means a lot sharing a common lot line with another lot; and

(c) “Common lot line” includes both platted common lot lines and the centerline of an alley separating two lots where the lots would otherwise share a platted common lot line if the alley did not exist or if the alley were vacated, but does not otherwise include the centerline or any other portion of a street.

(5) In a rear or side yard, all residential accessory structures not attached to or part of the principal residential structure shall be located at least two feet from any lot line. All residential accessory uses attached to or part of the principal residential structure must meet all minimum requirements as established by EMC 18.130.010 and Table A.

(6) Accessory structures must not be erected prior to the principal residential structure.

(7) No structure shall be located in or over any easement or within the right of entry of any regulated drain as defined in IC 36-9-27. [Ord. G-2017-08 § 1, passed 6-14-17; Ord. G-2017-06 § 3, passed 4-25-17; Ord. G-89-17, passed 5-24-89; Ord. G-84-36, passed 11-26-84; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 3, § 6; 1982 Code § 153.021; 1983 Code § 15.153.021.]

18.130.080 Exclusion from height limitation.

Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building; fire or parapet walls; skylights; television aerials; steeples; cupolas; flagpoles; chimneys; smokestacks; wireless masts; water tanks; grain elevators; silos; gas containers; industrial installations requiring a vertical production procedure such as flour mills, steels mills and refineries; or similar structures may be erected above the height limits. However, no penthouse or roof structure or any space above the height limit may be used for residential, commercial or industrial use. [1982 Code § 153.022; 1983 Code § 15.153.022.]

18.130.090 Standards for mixed uses.

(A) If a structure contains both a residential use and a nonresidential use and the gross floor area occupied by the residential use exceeds 25 percent of the total floor area of the structure, the structure is a residential use and must conform with the regulations of the R-5 residential district.

(B) If the gross floor area occupied by the residential use is 25 percent or less of the total floor area of the structure, the structure is a nonresidential use and must conform with the regulations of the commercial district in which it is located. [Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 3, § 10; 1982 Code § 153.023; 1983 Code § 15.153.023.]

18.130.100 Commercial vehicle parking.

(A) Commercial vehicles and equipment, other than those used in the principal use, may not be parked or stored on property in an A, R-1, R-2, R-3, R-4, R-5, CO-1, CO-2, C-1, C-2, or C-3 district. Vehicles designed and intended for agricultural use are permitted in agricultural zoning districts.

(B) A commercial vehicle originally designed or intended as a private passenger vehicle (pickup trucks up to and including one-ton pickup trucks, passenger vans, automobiles, or station wagons) which has been materially or structurally altered for use in connection with a commercial use may be parked on residential property when used as a commuter vehicle by the owner or resident of the premises. However, said vehicles while parked on the property may not be loaded with trash or debris. [Ord. G-89-17, passed 5-24-89; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 3, § 11; 1982 Code § 153.024; 1983 Code § 15.153.024.]

18.130.110 Use of residentially zoned property.

Residentially zoned property may not be used for public access to nonresidential property. [Ord. G-89-17, passed 5-24-89; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 3, § 12; 1982 Code § 153.025; 1983 Code § 15.153.025.]

18.130.120 Residential lots of record.

Any lot in a recorded subdivision may be considered a lot suitable for building purposes. A lot of record which existed in its present configuration and size prior to 1957 may be considered a lot suitable for building purposes. [Ord. G-89-17, passed 5-24-89; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 3, § 13; 1982 Code § 153.026; 1983 Code § 15.153.026.]

18.130.130 House cars, trailers, mobile homes.

The following may not be used as living or sleeping quarters within the City except when within the confines of an approved mobile home court:

(A) Recreational vehicles;

(B) Trailers;

(C) Mobile homes;

(D) Manufactured homes with an inside area of less than 720 square feet. [Ord. G-89-17, passed 5-24-89; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 3, § 17; 1982 Code § 153.027; 1983 Code § 15.153.027.]

18.130.140 Garage or yard sale.

(A) A garage or yard sale may be conducted not more than two times in any one calendar year on any premises located in any R-1, R-2, R-3, R-4, R-5, CO-1, and CO-2 zone; no sale shall be conducted for more than three consecutive days.

(B) All personal property exhibited for sale outside any structure during such garage or yard sale shall be removed from the outside and placed within a structure immediately following the last day of such sale. All signs erected for such garage or yard sale shall likewise be removed. [Ord. G-89-17, passed 5-24-89. 1982 Code § 153.028; 1983 Code § 15.153.028.]

18.130.150 Standards for small cell facilities.

(A) Small cell facilities on utility poles or other wireless support structures are permitted uses in any zoning district. Small cell facilities owned or operated by commercial telecommunication providers and placed on new (not preexisting) support structures are subject to the requirements of this section.

(B) Small cell facilities, including the support structure, must not exceed the height requirements of the underlying or the adjacent zoning district (if in the right-of-way), or 50 feet in height, whichever is less.

(C) Site Review Committee approval must be obtained for all small cell facilities and support structures that are subject to the requirements of this section and will require submission of the following:

(1) Commercial site plans meeting the requirements for commercial review by the Site Review Committee, including a surveyor certification of the exact location of the support structure from property lines and center lines of abutting streets or rights-of-way;

(2) Structural plans including elevation and plan views showing height above grade level and dimensions, and information demonstrating the ability of the support structure to safely accommodate the facilities, including, if applicable, information regarding other facilities co-located or planned for co-location on the support structure;

(3) Evidence in any form, written or otherwise, demonstrating that no existing structure can accommodate applicant’s proposed facilities, either because there are no existing structures meeting the applicant’s engineering requirements within the geographic area that the facilities are intended to serve, or, if there are structures in the geographic area, evidence that such structures do not have sufficient dimensions or structural strength to meet the applicant’s engineering requirements. This section shall not be interpreted to mandate, but rather only to encourage, co-location. [Ord. G-2019-8 § 2, passed 6-25-19.]