Zoneomics Logo
search icon

Elkhart City Zoning Code

RESIDENTIAL DISTRICTS

§ 151.045 R-1, ONE-FAMILY DWELLING DISTRICT.

   (A)   Purpose. The R-1 District is designed to provide for the lowest density single-family residential development requiring larger lot width and area. The intent is to protect and conserve existing and future residential development, particularly in more recently developed areas.
   (B)   Permitted uses.
      (1)   One-family detached dwellings with a minimum width of 24 feet and a minimum of 1,250 square feet of dwelling unit space, in which case the ground floor shall consist of no less than 850 square feet of the dwelling unit space. The primary facade of the structure shall face a public street.
         (a)   Site-constructed dwellings;
         (b)   Modular homes, placed on a permanent foundation; and
         (c)   Manufactured homes, placed on a permanent foundation.
      (2)   Home occupations;
      (3)   Temporary structures, used for construction site purposes for a period not to exceed 6 months;
      (4)   Accessory structures and uses;
      (5)   Not more than 4 domestic animals over 16 weeks of age;
      (6)   Sales, rummage - private or public (see division (E));
      (7)   Police and fire stations, located along a primary or thoroughfare street;
      (8)   Sheltered living homes licensed by the State of Indiana; and
      (9)   Radio towers owned by federally licensed amateur radio operators.
   (C)   Special exception uses.
      (1)   Cemeteries;
      (2)   Places of worship;
      (3)   Golf courses and country clubs, including associated buildings;
      (4)   Fraternal or religious institutions;
      (5)   Public libraries, located on a collector or arterial street;
      (6)   Day care home;
      (7)   Day care center, located on a collector or arterial street;
      (8)   Nursing homes/assisted living centers;
      (9)   Community centers;
      (10)   Public utilities and public service uses, including but not limited to: public utility facilities, railroad facilities, sewage treatment plant, telephone exchange, water filtration plants, water pumping stations and water reservoirs;
      (11)   Police and fire stations, if on a lot not abutting a primary or thoroughfare street;
      (12)   School, elementary and secondary, public or private, including auxiliary playgrounds and athletic fields;
      (13)   Sheltered living homes not licensed by the State of Indiana;
      (14)   Bed and breakfast home;
      (15)   Parks and playgrounds;
      (16)   Off- or on-site parking lots and driveways (including street access) used in connection with business, office, manufacturing or special exception uses;
      (17)   Private clubs or lodges not run as businesses; and
      (18)   Funeral homes, crematories and similar services.
   (D)   Yard requirements.
      (1)   The yard requirements for the R-1, One-Family Dwelling District are as follows: (All standards are minimums except as noted.)
         (a)   Lot size: 9,500 square feet.
         (b)   Frontage: 75 feet.
         (c)   Setbacks:
            1.   Front yard: Established setbacks; or 25 feet if no established setback.
            2.   Side yard: 20 feet total, minimum of 7 feet on any side or 17 feet between dwelling units.
            3.   Rear yard: 30 feet or established setbacks if adjacent to a river or creek.
            4.   Corner side yard: The corner side yard setback is determined by measuring the average established setback of the structures within the same block between 2 intersecting streets. This calculation would equal the established front yard setback for the side street.
         (d)    Maximum structure height: 40 foot maximum with 25 foot total side yard, a minimum of 10 feet on any side, and 20 feet between dwelling units.
         (e)   Maximum lot coverage for structures: 40% total for all structures.
      (2)   The planning staff may approve an increase in height of up to 70 feet for a radio tower that is:
         (a)   Structurally attached to primary structures;
         (b)   Owned by federally licensed amateur ham radio operators; and
         (c)   When it has been demonstrated by study that the additional height is necessary for effective operation of the radio tower.
   (E)   Development standards: rummage sales.
      (1)   Private.
         (a)   No such sale shall be conducted for longer than 3 consecutive days, nor more than 15 days in any calendar year by any of the same persons or on the same property.
         (b)   No articles or items purchased for resale shall be offered for sale.
         (c)   Motor vehicles, boats, trailers and industrial or commercial equipment shall not be offered for sale on the premises in conducting this sale.
         (d)   No articles or items for sale shall be displayed within 10 feet of a public right-of-way nor within 6 feet of a side yard lot line.
         (e)   At the close of each day and not later than 8:00 p.m. on such day all articles not sold shall be removed from the front and side yards.
      (2)   Public. No such sale shall continue for more than 14 consecutive days or more than 40 days in any calendar year.
   (F)   Supplemental regulations.
      (1)   Special flood hazard area regulations: §§ 151.120 et seq.
      (2)   Wetlands Conservation District regulations: §§ 151.145 et seq.
      (3)   Air Space Control Area regulations: §§ 151.210 et seq.
      (4)   Accessory structures and swimming pool requirements: § 151.225.
      (5)   Permitted obstructions in required yards: § 151.227.
      (6)   Fence requirements: § 151.228.
      (7)   Intersection visibility area requirements: § 151.229.
      (8)   Primary street setback requirements: § 151.229.
      (9)   Off-street parking and loading requirements: § 151.231.
      (10)   Sign regulations: § 151.234.
(1979 Code, § 151.035) (Ord. 4370, passed 7-20-1998; Am. Ord. 4431, passed 7-12-1999; Am. Ord. 4457, passed 12-6-1999; Am. Ord. 4542, passed 12-4-2000; Am. Ord. 4762, passed 8-1-2003 ; Am. Ord. 4985, passed 9-11-2006; Am. Ord. 5175, passed 7-20-2009)  Penalty, see § 151.999

§ 151.046 R-2, ONE-FAMILY DWELLING DISTRICT.

   (A)   Purpose. The R-2 District is designed to provide for low density single-family residential development on narrower lots in urbanized or urbanizing areas.
   (B)   Permitted uses.
      (1)   Any use permitted in the R-1, One-Family Dwelling District.
      (2)   Single family detached residences located on a permanent foundation with a minimum width of 24 feet and a minimum of 950 square feet of dwelling unit space, in which case the ground floor shall consist of no less than 600 square feet of such dwelling unit space. The primary facade of the structure shall face a public street.
   (C)   Special exception uses. Special exceptions listed in the R-1, One-Family Dwelling District.
   (D)   Yard requirements. The yard requirements for the R-2, One-Family Dwelling District are as follows: (All standards are minimums except as noted.)
      (1)   Lot size: Established lot size; or 7,200 square feet if no established lot size. Established lot size shall never be less than 5,800 square feet.
      (2)   Frontage: Established frontage; or 60 feet if no established frontage. Established frontage shall never be less than 45 feet.
      (3)   Setbacks:
         (a)   Front yard: Established setbacks; or 20 feet if no established setback.
         (b)   Side yards: 7 feet.
         (c)   Rear yard: 30 feet or established setbacks if adjacent to a river or creek.
         (d)   Corner side yard: The corner side yard setback is determined by measuring the average established setback of the structures within the same block between 2 intersecting streets. This calculation would equal the established front yard setback for the side street.
      (4)   Maximum structure height: 35 feet.
      (5)   Maximum lot coverage for structures: 40% total for all structures.
   (E)   Supplemental regulations.
      (1)   Special flood hazard area regulations: §§ 151.120 et seq.
      (2)   Wetlands Conservation District regulations: §§ 151.145 et seq.
      (3)   Air Space Control Area regulations: §§ 151.210 et seq.
      (4)   Accessory structures and swimming pool requirements: § 151.225.
      (5)   Permitted obstructions in required yards: § 151.227.
      (6)   Fence requirements: § 151.228.
      (7)   Intersection visibility area requirements: § 151.229.
      (8)   Primary street setback requirements: § 151.229.
      (9)   Off-street parking and loading requirements: § 151.231.
      (10)   Sign regulations: § 151.234.
(1979 Code, § 151.036) (Ord. 4370, passed 7-20-1998; Am. Ord. 4542, passed 12-4-2000; Am. Ord. 4762, passed 8-1-2003 ; Am. Ord. 4985, passed 9-11-2006; Am. Ord. 5175, passed 7-20-2009)   Penalty, see § 151.999

§ 151.047 R-3, TWO-FAMILY DWELLING DISTRICT.

   (A)   Purpose. The R-3 District is designed to provide for low to medium density single and 2- family residential development in urbanized areas.
   (B)   Permitted uses.
      (1)   Any use permitted in the R-2 One-Family Dwelling District.
      (2)   Two-family dwellings, with a minimum width of 24 feet and a minimum of 750 square feet of dwelling unit space per dwelling unit. The primary facade of the structure shall face a public street.
   (C)   Special exception uses.
      (1)   Special exceptions listed in the R-2, One-Family Dwelling District;
      (2)   Licensed home or facility for substance abuse rehabilitation; and
      (3)   Offices of charitable organizations.
   (D)   Yard requirements. The yard requirements for the R-3, Two-Family Dwelling District are as follows: (All standards are minimums except as noted.)
      (1)   One-family:
         (a)   Lot size: 6,000 square feet.
         (b)   Frontage: 50 feet.
         (c)   Setbacks:
            1.   Front yard: Established setbacks; or 20 feet if no established setback.
            2.   Side yard: 15 feet total, 5 feet minimum and 10 feet between dwelling units.
            3.   Rear yard: 30 feet or established setbacks if adjacent to a river or creek.
            4.   Corner side yard: The corner side yard setback is determined by measuring the average established setback of the structures within the same block between 2 intersecting streets. This calculation would equal the established front yard setback for the side street.
         (d)   Maximum structure height: 30 feet.
         (e)   Maximum lot coverage for structures: 40% total for all structures.
      (2)   Two-family:
         (a)   Lot size: 7,200 square feet.
         (b)   Frontage: 60 feet.
         (c)   Setbacks:
            1.   Front yard: Established setbacks; or 20 feet if no established setback.
            2.   Side yards: 15 feet total, 5 feet minimum and 10 feet between dwelling units.
            3.   Rear yard: 30 feet.
         (d)   Maximum structure height: 30 feet.
         (e)   Maximum lot coverage for structures: 40% total for all structures.
   (E)   Supplemental regulations.
      (1)   Special flood hazard area regulations: §§ 151.120 et seq.
      (2)   Wetlands Conservation District regulations: §§ 151.145 et seq.
      (3)   Air Space Control Area regulations: §§ 151.210 et seq.
      (4)   Accessory structures and swimming pool requirements: § 151.225.
      (5)   Permitted obstructions in required yards: § 151.227.
      (6)   Fence requirements: § 151.228.
      (7)   Intersection visibility area requirements: § 151.229.
      (8)   Primary street setback requirements: § 151.229.
      (9)   Off-street parking and loading requirements: § 151.231.
      (10)   Sign regulations: § 151.234.
(1979 Code, § 151.037) (Ord. 4370, passed 7-20-1998; Am. Ord. 4542, passed 12-4-2000; Am. Ord. 4762, passed 8-1-2003 ; Am. Ord. 5175, passed 7-20-2009)   Penalty, see § 151.999

§ 151.048 R-4, MULTIPLE-FAMILY DWELLING DISTRICT.

   (A)   Purpose. The R-4 District is designed to provide for new multiple-family residential development.
   (B)   Permitted uses.
      (1)   Any use permitted in the R-3, Two-Family Dwelling District, except 1- and 2-family dwellings;
      (2)   Multiple-family dwellings;
      (3)   Dormitories, sorority and fraternity houses; and
      (4)   Radio towers owned by federally licensed amateur ham radio operators.
   (C)   Special exception uses.
      (1)   Special exceptions listed in the R-3, Two-Family Dwelling District; and
      (2)   Hospitals and clinics.
   (D)   Yard requirements.
      (1)   The yard requirements for the R-4, Multiple-Family Dwelling District are as follows: (All standards are minimums except as noted.)
         (a)   Lot size: A minimum of 10,000 square feet including at least 1,500 square feet for each efficiency unit or sleeping room; and at least 2,500 square feet for each other dwelling unit.
         (b)   Frontage: 100 feet.
         (c)   Setbacks:
            1.   Front yard: 25 feet.
            2.   Side yards: 10 feet for each side yard. 1 additional foot for every 2 feet in height above 35 feet.
            3.   Rear yards: and 30 feet or established setbacks if adjacent to a river or creek.
            4.   Corner side yard: The corner side yard setback is determined by measuring the average established setback of the structures within the same block between 2 intersecting streets. This calculation would equal the established front yard setback for the side street.
         (d)   Maximum structure height: 65 feet.
         (e)   Maximum lot coverage for structures: 40% total for all structures.
         (f)   Floor area ratio: 3.0.
      (2)   The planning staff may approve an increase in height of up to 70 feet for a radio tower that is:
         (a)   Structurally attached to primary structures;
         (b)   Owned by federally licensed amateur ham radio operators; and
         (c)   When it has been demonstrated by study that the additional height is necessary for effective operation of the radio tower.
   (E)   Development conditions. Landscape requirements. In addition to the requirements specified in §§ 151.225 through 151.234, the following landscape requirements shall apply:
      (1)   (a)   In the event a property to be developed in this district is adjacent to a residentially zoned or used property along a common side or rear lot, whether separated by an alley or not, the following landscape area shall be provided:
 
Parcel Size
Width of Required Landscape Area
< 1 acre
8 feet
1 to 3 acres
12 feet
> 3 acres
15 feet
 
         (b)   The landscaped area shall consist of a combination of ornamental or shade trees, shrubs and ground cover. At least 50% of the common lot line landscape area shall contain shrubs and/or trees. A minimum of 1 tree per every 30 feet of common lot line shall be provided.
      (2)   All dumpsters located in a side or rear yard abutting a residentially zoned or used property shall be screened by a solid 6-foot high fence, wall or dense evergreen hedge. Fences and walls shall be consistent with the architecture of the development or principal building.
   (F)   Supplemental regulations.
      (1)   Special flood hazard area regulations: §§ 151.120 et seq.
      (2)   Wetlands Conservation District regulations: §§ 151.145 et seq.
      (3)   Air Space Control Area regulations: §§ 151.210 et seq.
      (4)   Accessory structures and swimming pool requirements: § 151.225.
      (5)   Landscape and screening requirements: § 151.226.
      (6)   Permitted obstructions in required yards: § 151.227.
      (7)   Fence requirements: § 151.228.
      (8)   Intersection visibility area requirements: § 151.229.
      (9)   Primary street setback requirements: § 151.229.
      (10)   Off-street parking and loading requirements: § 151.231.
      (11)   Sign regulations: § 151.234.
(1979 Code, § 151.038) (Ord. 4370, passed 7-20-1998; Am. Ord. 4457, passed 12-6-1999; Am. Ord. 4762, passed 8-1-2003 ; Am. Ord. 5175, passed 7-20-2009)   Penalty, see § 151.999

§ 151.049 R-5, URBAN RESIDENTIAL DISTRICT.

   (A)   Purpose. The R-5 District is designed to control development and redevelopment in existing older residential neighborhoods originally created primarily for single-family residences. Over the years many of these neighborhoods have experienced an increase in the intensity of use due to the conversion of older single-family residences to 2 or more residential unit structures. The goal of this district is to ensure this development does not create a detriment to the neighborhood due to inadequate parking and infrastructure, undersized lots and general incompatibility with the surrounding neighborhood. Limitations on permitted uses and specific criteria for increasing use intensities are incorporated to protect the integrity and viability of these older established neighborhoods.
   (B)   Permitted uses.
      (1)    One-family dwellings located on a permanent foundation with a minimum width of 24 feet and a minimum of 950 square feet of habitable space. The primary facade of the structure shall face a public street.
      (2)   Home occupations;
      (3)   Temporary structures, used for construction site purposes for a period not to exceed 6 months;
      (4)   Accessory structures and uses;
      (5)   Not more than 4 domestic animals over 16 weeks of age;
      (6)   Sheltered living homes licensed by the State of Indiana;
      (7)   Radio towers owned by federally licensed amateur radio operators;
      (8)   Two-family dwellings; and
      (9)   Multiple-family dwellings up to and including 6 units.
   (C)   Special exception uses.
      (1)   Cemeteries;
      (2)   Places of worship;
      (3)   Schools, colleges and libraries;
      (4)   Day care home;
      (5)   Day care center, located on a collector or arterial street;
      (6)   Nursing homes and assisted living facilities;
      (7)   Private clubs or lodges;
      (8)   Public utilities and service uses;
      (9)   Sheltered living homes not licensed by the State of Indiana;
      (10)   Bed and breakfast homes;
      (11)   Hospitals; and
      (12)   Parks, playgrounds, and community centers.
   (D)   Conditional uses.
      (1)   Approval needed. The following uses shall require approval by the Board of Zoning Appeals as conditional uses within the R-5 district:
         (a)   Professional and governmental offices and offices of charitable organizations;
         (b)   Boarding and lodging homes;
         (c)   Dormitories; and
         (d)   Fraternity and sorority houses.
      (2)   Supplementary information.  In addition to the information required in § 151.288, an application for a conditional use shall include the following supplementary information:
         (a)   Documentation from the city’s Public Works and Utilities Department that sufficient capacity exists within the public infrastructure system (sanitary sewer and water) and on site (surface drainage retention) to support the proposed development;
         (b)   Number, size and location of paved on-site parking spaces as required by the city’s Zoning Ordinance, including screening;
         (c)   Percent of lot remaining as open space excluding all structures, drives and parking areas; and
         (d)   Use of all structures within 200 feet of the petitioned property.
      (3)   Board of Zoning Appeals review. In order to grant approval of a conditional use in the R-5 District, the Board of Zoning Appeals must find that the following standards, together with the standards applicable to conditional uses specified in § 151.287, have been met:
         (a)   The proposed conditional use is consistent with existing neighborhood density;
         (b)   The proposed conditional use is compatible with existing neighborhood uses and character;
         (c)   The proposed development (including all structures, drives and parking areas) will not occupy more than 60% of the total lot area;
         (d)   Sufficient capacity exists both within the public infrastructure system (sanitary sewer and water) and on site (surface drainage retention) to support the proposed development; and
         (e)   The proposed conditional use will not adversely affect the stability and viability of the existing residential neighborhood.
   (E)   Yard regulations.
      (1)   The yard requirements for the R-5, Urban Residential District are as follows: (All standards are minimums except as noted.)
         (a)   One-family:
            1.   Lot size: 6,000 square feet.
            2.   Frontage: 50 feet
            3.   Setbacks:
               a.   Front yard: Conform to established building setbacks.
               b.   Side yards: 7 feet for each side yard.
               c.   Rear yard: 30 feet or established setbacks if adjacent to a river or creek.
               d.   Corner side yard: The corner side yard setback is determined by measuring the average established setback of the structures within the same block between 2 intersecting streets. This calculation would equal the established front yard setback for the side street.
            4.   Maximum structure height: Conform to average height of existing structures on the block.
            5.   Maximum lot coverage for structures: 40% total for all structures, except as specified for conditional uses.
         (b)   Two-family:
            1.   Lot size: 7,200 square feet.
            2.   Frontage: 60 feet.
            3.   Setbacks:
               a.   Front yard: Conform to established building setbacks.
               b.   Side yards: 7 feet for each side yard.
               c.   Rear yard: 30 feet or established setbacks if adjacent to a river or creek.
            4.   Maximum structure height: Conform to average height of existing structures on the block.
            5.   Maximum lot coverage for structures: 40% total for all structures, except as specified for conditional uses.
         (c)   Multi-family:
            1.   Lot size: A minimum of 7,500 square feet including at least 1,500 square feet for each efficiency unit or sleeping room; and at least 2,500 square feet for each other dwelling unit.
            2.   Side yard setback: 10 feet for each side yard.
         (d)   All other uses:
            1.   Lot size: 10,000 square feet.
            2.   Side yard setback: 10 feet for each side yard.
      (2)   The planning staff may approve an increase in height of up to 70 feet for a radio tower that is:
         (a)   Structurally attached to primary structures;
         (b)   Owned by federally licensed amateur ham radio operators; and
         (c)   When it has been demonstrated by study that the additional height is necessary for effective operation of the radio tower.
   (F)   Supplemental regulations.
      (1)   Special flood hazard area regulations: §§ 151.120 et seq.
      (2)   Wetlands Conservation District regulations: §§ 151.145 et seq.
      (3)   Air Space Control Area regulations: §§ 151.210 et seq.
      (4)   Accessory structures and swimming pool requirements: § 151.225.
      (5)   Permitted obstructions in required yards: § 151.227.
      (6)   Fence requirements: § 151.228.
      (7)   Intersection visibility area requirements: § 151.229.
      (8)   Primary street setback requirements: § 151.229.
      (9)   Off-street parking and loading requirements: § 151.231.
      (10)   Sign regulations: § 151.234.
(1979 Code, § 151.039) (Ord. 4370, passed 7-20-1998; Am. Ord. 4431, passed 7-12-1999; Am. Ord. 4457, passed 12-6-1999; Am. Ord. 4542, passed 12-4-2000; Am. Ord. 4762, passed 8-1-2003 ; Am. Ord. 4960, passed 4-3-2006; Am. Ord. 5175, passed 7-20-2009)   Penalty, see § 151.999

§ 151.050 MHP MOBILE HOME PARK DISTRICT.

   (A)   Purpose. The Mobile Home Park District is designed to provide for the placement of single and double wide mobile homes, not placed on a permanent foundation, within a large scale unified development under single ownership. Specific standards are included to promote developments that are single- family residential in character and which minimize incompatibilities with surrounding land uses.
   (B)   Permitted uses.
      (1)   Mobile homes, qualifying as H.U.D. Code Manufactured Dwellings;
      (2)   Community buildings serving the development including child day care centers, dry cleaning and laundry, neighborhood commercial uses and indoor recreation facilities;
      (3)   Mobile home sales and management offices, when located in the interior of the park and limited to 3% of the total park area;
      (4)   Home occupations;
      (5)   Parks and playgrounds;
      (6)   Accessory structures and uses;
      (7)   Temporary structures, used for construction site purposes for a period not to exceed 6 months;
      (8)   Daycare home or center serving only residents of the park; and
      (9)   Public utilities and service uses.
   (C)   Yard requirements. The yard requirements for the MHP, Mobile Home Park District are as follows: (All standards are minimums except as noted.)
      (1)   Lot size: 5,000 square feet.
      (2)   Lot width: 50 feet.
      (3)   Setbacks:
         (a)   Front yard: 20 feet.
         (b)   Side yards: 7 feet with 2 side yards or 14 feet with a zero lot line.
         (c)   Rear yard: 10 feet.
      (4)   Maximum structure height: 30 feet or established setbacks if adjacent to a river or creek.
      (5)   Maximum lot coverage for structures: 30% by mobile home; 40% by all structures.
      (6)   Unit spacing: A 14-foot spacing shall be maintained between all units.
   (D)   Development conditions.
      (1)   General requirements.
         (a)   It shall be unlawful for any person to park, place or locate or permit the parking, placing or locating of any occupied mobile home within the city except in a mobile home park.
         (b)   It shall be unlawful for any person to park, place or locate or permit the parking, placing or locating of any unoccupied mobile home within the city except on a mobile home sales lot.
         (c)   It shall be unlawful for a person to establish, construct, alter or enlarge a mobile home park on land located in the city unless the land is zoned MHP. Prior to construction or issuance of permit, a final site plan shall be submitted to the Plan Commission for review and approval at a public hearing.
         (d)   All mobile home parks shall comply, where applicable, with the Flood Plain District regulations, §§ 151.120 et seq.
      (2)   Site conditions.
         (a)   No mobile home shall be used for any purpose other than that of a single-family dwelling or office for the developer. Further, no commercial enterprise shall be carried on within the confines of the mobile home park other than specifically enumerated under the conditions of the MHP zoning district and the final site plan.
         (b)   Minimum area of a mobile home park shall be 15 acres with the first phase not less than 5 acres. The maximum density shall be 5 mobile homes per acre.
         (c)   Individual mobile home sites within a mobile home park shall not be sold or transferred, however, the entire park may be sold or transferred to a new owner.
      (3)   Standards for mobile home parks.
         (a)   Landscaping.
            1.   The outer boundaries of a mobile home park shall contain a buffer zone. This buffer zone shall consist of a greenbelt strip, not less than 30 feet in width, located along all park boundaries. The greenbelt shall be composed of coniferous and deciduous (minimum of 60% coniferous) trees which shall have an ultimate height of at least 15 feet and shrubs that shall have a minimum height of 3 feet or more after 1 full growing season and will eventually grow to a height of not less than 8 feet. The exact number of trees and shrubs shall be as specified on the approved site plan. Existing plant material may serve in whole or in part as the required buffer upon approval of the final site plan.
            2.   Ground cover shall be provided where needed to prevent erosion.
            3.   Each mobile home lot shall include 2 trees at least 2 inches diameter at breast height (d.b.h.).
         (b)   Mobile home spaces.
            1.   The mobile home park shall be divided into lots with permanent markers indicating the corners of each lot.
            2.   Setback lines, yard requirements and lot coverage.
               a.   All mobile homes shall be set back at least 50 feet from any public right-of-way outside the development and at least 20 feet from any private drive or public street within the development.
               b.   No mobile home or structure shall be located closer than 40 feet to the boundaries of the development.
               c.   Accessory structures shall not be within 3 feet of any side or rear lot line.
         (c)   Recreation.
            1.   In all parks, there shall be 1 or more recreation areas which shall be easily accessible to all residents. The size of such recreation areas shall not be less than 8% of the gross site area.
            2.   Recreation facilities, such as playgrounds, swimming pools and community buildings, should be provided to the extent necessary to meet the anticipated needs of the residents of the park. The facilities shall meet all applicable city regulations.
            3.   Recreation areas shall be centrally located and away from traffic hazards.
         (d)   Street and drive requirements.
            1.   Entrances to a mobile home park shall abut a public street and shall be designed to allow free movement of traffic onto the public street. Streets within the park shall be laid out to discourage through traffic. Entrance ways shall have radii adequate for safe and convenient ingress and egress.
            2.   All streets and drives within any mobile home park shall have an approved cross section with a paved surface of 25 feet measured from back of curb to back of curb.
            3.   All cul-de-sacs shall have a minimum radius of 60 feet to the outer edge of the pavement.
            4.   All streets and drives shall be provided with a smooth, graded, drained, sealed and paved durable surface commencing from the public street to and throughout the park.
            5.   All streets and drives shall be maintained by the mobile home park owner and shall be free of holes and other hazards.
            6.   Concrete curb and gutter shall be provided along the outside edge of all streets, drives and parking area pavements.
            7.   All streets and drives shall be constructed to city specifications.
            8.   Names shall be assigned to all streets and drives appearing on the final plan and shall be approved by the Fire Department. All mobile home stands shall be systematically identified as they appear on the final plan.
            9.   Driveway requirements:
               a.   Driveways shall be provided on the site where necessary for convenient access to service entrances of buildings.
               b.   Driveways shall be a minimum of 10 feet wide.
         (e)   Parking requirements.
            1.   At least 2 off-street parking spaces 9 feet by 18 feet each shall be provided on each mobile home site.
            2.   No parking shall be permitted on any street or drive.
            3.   The developer shall provide a minimum of 1 visitor parking space for every 5 home lots. Visitor spaces may be located in 1 centrally located site or may be equally distributed throughout the park.
         (f)   Mobile home stands.
            1.   Each mobile home stand shall be either:
               a.   A reinforced concrete pad of suitable thickness to support the home and appurtenances or the runners with rebar rods, but shall not be less than 4 inches thick; or
               b.   A foundation on suitable concrete footings at least 36 inches below grade with suitable cross-bracing provided and all remaining open spaces filled with sand or gravel or other suitable material.
            2.   Adequate drainage grading away from mobile home shall be provided.
         (g)   Permanent structures.
            1.   Buildings shall comply with applicable zoning and building regulations and be approved by the Plan Commission.
            2.   A separate area shall be provided, which is fenced, screened or otherwise enclosed, for the storage of residents’ camping trailers, boats, snowmobiles and other similar items. These items shall not be stored in any other area of the mobile home park.
         (h)   Dependent mobile homes and occupied travel trailers prohibited.
            1.   A mobile home without bath and kitchen facilities is prohibited in all mobile home parks.
            2.   Occupied travel trailers are prohibited in mobile home parks, except as noted in division (D)(3)(g)1. above.
         (i)   Pedestrian ways.
            1.   A common concrete walk system shall be provided and maintained on both sides of all streets within the park. The common walk shall have a minimum width of 4 feet.
            2.   All mobile homes shall be connected by concrete or paved individual walks with a minimum width of 3 feet to common walks or parking areas.
         (j)   Mobile home installation.
            1.   The mobile home shall be anchored and tied down in compliance with industry standards, and in a manner sufficient to resist flotation, collapse or lateral movement of the home.
            2.   Mobile homes located in flood hazard areas shall be anchored in accordance with industry standards or standards established by FEMA, whichever are more restrictive.
            3.   All mobile homes shall have skirting.
            4.   All hitches shall be removed from all mobile homes after placement has been completed on the mobile home site.
         (k)   Storage. Each lot shall have a minimum of 50 square feet of storage area, whether it be in a central building or in an enclosed accessory structure on the lot.
         (l)   Utilities. All utilities shall be underground except control instrumentation and substations, which must be screened by plantings or ornamental walls.
         (m)   Lighting. All lots shall contain 1 yard light. Street lights shall be provided at all intersections and a minimum 500 foot spacing as needed between intersections.
         (n)   Other requirements. Every mobile home park shall also comply with all applicable laws and regulations of the State of Indiana and its administrative agencies.
   (E)   Procedure for zoning and site plan approval.
      (1)   Preliminary filing. Any developer proposing a mobile home park in the city shall submit to the Planning and Zoning Office a legal description of the property and a preliminary site plan of the proposed park. The preliminary filing is to permit staff the opportunity to review and comment on the proposed plans prior to filing.
      (2)   Final site plan filing. A final site plan shall be filed with the rezoning application.
      (3)   Final site plan. Fifteen copies shall be submitted to the Plan Commission. An additional 17 copies, including any required revisions, shall be submitted following Plan Commission action for City Council review. The plan shall include the following items:
         (a)   Name and address of applicant, name and address of owner of property, name and address of person preparing the plan;
         (b)   Location map and legal description of development;
         (c)   Site plan of proposed area containing the following information:
            1.   Proposed name of the development;
            2.   Date, scale and north arrow;
            3.   Contour information at vertical intervals of not less than 2 feet with reference to U.S. Geodetic Survey (U.S.G.S.) datum;
            4.   Indication of gross land area of the park and a computation of the density of the park;
            5.   Drawing indicating how surface water drainage will be handled;
            6.   Drawing indicating location of available sanitary sewer and water and how park will be served;
            7.   Location of all proposed fire hydrants;
            8.   Statement of restrictions contemplated, if any, such as:
               a.   Placement of oil tanks, storage sheds, fences and patios;
               b.   Skirting;
               c.   Pets;
               d.   Parking;
               e.   Boats and outside storage; and
               f.   Children.
            9.   Elevation of water table, percolation data and description of soil type;
            10.   Layout and width of all streets;
            11.   Service building and maintenance building;
            12.   Playgrounds;
            13.   Mobile home space and mobile home stands;
            14.   Parking spaces, driveways and sidewalks;
            15.   Boundaries, fencing and screen planting, including types of plant materials;
            16.   Street lighting;
            17.   Landscaping;
            18.   Typical lot detail;
            19.   Tentative letter from state’s Board of Health and state’s Pollution Board as to sanitary sewer and water distribution system;
            20.   Statement of review and tentative approval by city’s Traffic Engineer of all accesses onto public streets; and
            21.   Any other information deemed necessary by the Plan Commission.
      (4)   Submission to Plan Commission and City Council.
         (a)   The site plan shall be reviewed and approved by the Plan Commission and City Council as part of the zoning application. As a condition of approval either the Plan Commission or the City Council may require modifications to the site plan to insure compliance with the standards of this chapter and to promote the purpose of this district.
         (b)   Following zoning approval by the City Council, construction of the mobile home park shall be in accordance with the approved site plan.
      (5)   Amendments to approved site plan.
         (a)   The planning staff may review and approve proposed minor amendments provided that the changes:
            1.   Maintain the purpose and intent of the approved plan; and
            2.   Do not result in the addition, deletion or relocation of approved curb cuts onto public streets or cross access drives onto adjoining properties; increase the density or size of the mobile home park; reduce or alter the perimeter treatment of the site; additions to the approved uses of the park; reduce approved setbacks for buildings, homes, structures and other site elements; or create a significant impact on surrounding properties. The review shall be completed with 10 working days of submittal.
         (b)   All other amendments shall be deemed major and must be reviewed and approved by the Plan Commission following a public hearing.
   (F)   Supplemental regulations.
      (1)   Special flood hazard area regulations: §§ 151.120 et seq.
      (2)   Wetlands Conservation District regulations: §§ 151.145 et seq.
      (3)   Air Space Control Area regulations: §§ 151.210 et seq.
      (4)   Accessory structures and swimming pool requirements: § 151.225.
      (5)   Permitted obstructions in required yards: § 151.227.
      (6)   Fence requirements: § 151.228.
      (7)   Intersection visibility area requirements: § 151.229.
      (8)   Primary street setback requirements: § 151.229.
      (9)   Off-street parking and loading requirements: § 151.231.
      (10)   Sign regulations: § 151.234.
(1979 Code, § 151.040) (Ord. 4370, passed 7-20-1998; Am. Ord. 4762, passed 8-1-2003) Penalty, see § 151.999