A lot shall not hereafter be divided into two (2) or more lots, unless all lots resulting from such division conform to all the applicable regulations of the zoning district in which the lots are to be located and also in compliance with the requirements set forth by the Subdivision Ordinance of the city.

(Ord. No. 1205, 11-21-17)

Every single-family dwelling hereafter erected or structurally altered shall be located on a separate lot or tract. In no case shall there be more than one (1) detached single-family dwelling on one (1) tract or lot. Ownership of two (2) parcel shall be considered as a single property if shown in the Assessors records as a single parcel. Parcels which are considered as buildable lots shall be treated as separate building lots in regards to these regulations i.e. setbacks, accessory structures, etc. Parcels which are not considered as buildable parcel shall be considered as an extension of the primary parcel.

(Ord. No. 1205, 11-21-17)

Any improvement location permit issued prior to the effective date of this appendix shall be valid even though not conforming with the provisions of this appendix, providing that the construction is commenced within one hundred eighty (180) days after the date of permit issuance. Any improvement location permit which is lawfully expired and required to reapply shall meet the current provisions of this appendix.

(Ord. No. 1205, 11-21-17)

The finished surface of ground areas outside the walls of any structure constructed or altered shall be designed so that surface water flows away from the structure in such a direction and collection to proper drainage areas and easements so that accumulation on adjacent properties or rights-of-way will not be caused. All finished grade elevations shall be subject to the approval of the building official or the city engineering department for surface water runoff.

(Ord. No. 1205, 11-21-17)

No construction, maintenance, or existence of any unprotected, unbarricaded, open or dangerous excavations, holes, pits, manholes, shafts, or wells, which constitute or are reasonably likely to constitute a danger or menace to the public health, safety or welfare are hereby prohibited on any property. This section shall not prohibit any open excavation allowed by excavation permit or required for the construction, maintenance or repair of any required utility where such excavation is properly protected and warning signs posted in a manner approved by an approved representative of the city.

(Ord. No. 1205, 11-21-17)

No structure in any district shall change its use or have a certificate of occupancy issued for any use other than that for which the building or structure has been designed, constructed, or used prior to the effective date of the passage of this appendix unless a structure is altered to conform to the requirements of the district in which it is located and the Building Code in effect.

(Ord. No. 1205, 11-21-17)

No structure shall be relocated upon any parcel located within the jurisdictional area of the city unless the structure complies with the district requirement in which it is relocated.

(Ord. No. 1205, 11-21-17)

Any parcel of land which is to be occupied by a use or building shall have frontage on and direct access to a public street or right-of-way which meets the requirements of the authority having jurisdiction to accept such street or right-of-way for maintenance. In no case shall the frontage of a lot, tract, or parcel be less than required by this appendix. In the event of a curved street or cul-de-sac, the required frontage may be reduced to seventy (70) percent of the required lot width of the district provided the required lot width is provided at the building line.

(Ord. No. 1205, 11-21-17)

Privately owned residential, commercial, or industrial lighting shall be installed in such a fashion so that direct or indirect lighting does not illuminate beyond the property line on which it is located. No exterior lighting shall be flashing, rotating, or create a hazard to motorist.

(Ord. No. 1205, 11-21-17)

No temporary structure shall be erected, reconstructed, enlarged or moved onto any lot, plot, or tract of land unless it conforms with this Code or the provision contained hereafter:

1.

A temporary field office located upon a lot under development;

2.

An unoccupied recreational vehicle, legally registered, parked in the side or rear yard of a property;

3.

A temporary mobile home placed on a property for dwelling purposes and not exceeding six (6) months while a principal structure is being built;

4.

Tents placed on a property for not greater than fourteen (14) days;

5.

Temporary structures located in a properly designated campground or mobile home park.

(Ord. No. 1205, 11-21-17)

Fences or walls may be placed in the required front yard, side yard, or rear yard subject to the following restrictions:

a.

Fences, walls, shrubs, etc. shall not be placed within the right-of-way area.

b.

Electrical, barbed, charged, or otherwise hazardous fences are prohibited on any residential or commercial property within the corporate boundaries of the city.

c.

No fences or walls installed in a front yard shall exceed three (3) feet in height in residential districts except that chain link fence and split rail may be four (4) feet in height.

d.

No fence, wall or shrub shall be placed in a front, side or rear yard which shall block vision clearance at any intersection of a public right-of-way, including alley intersections.

e.

Fence height shall be determined by the average height above finished grade within three (3) feet of both sides of the fence.

f.

Fences or walls installed along a side or rear property line shall not exceed seven (7) feet in height in residential districts.

g.

Fences shall be constructed with all braces and supports on the interior side of the property, except when both sides are of the same design and appearance. Fences shall be clear of projections such as nails or screws that might create a hazard.

h.

Fences shall be installed in a workmanlike manner and able to withstand a two-hundred (200) pound steadily applied force at the uppermost point of the main support.

i.

Fences shall be installed plumb.

j.

Chain link fences in industrial district may be placed in the front yard under the following conditions:

1.

Fencing shall not exceed ten (10) feet in height in the front yard area

2.

No fencing shall obstruct the vision clearance triangle defined by this appendix.

k.

Existing fences may be replaced in the same location without additional permits required as long as the new fence meets the requirements described herein, i.e. chain link to privacy.

(Ord. No. 1205, 11-21-17)

Accessory buildings, such as detached garages, sheds, carports, etc. may be placed on a residentially and commercially zoned property containing a principal structure. Not more than two (2) accessory buildings may be placed on a property within the corporate boundaries, one (1) of which shall not exceed nine hundred sixty (960) square feet, and a second not exceeding two hundred (200) square feet. No accessory building shall be placed in front of the front building line of the principal structure or a front yard located on the property. No residential accessory building shall be closer than three (3) feet to a side property line, not closer than five (5) feet to a rear property line, and not closer than six (6) feet from a principal structure. Commercial and industrial accessory buildings shall comply with the provisions of the applicable building regulations for setback from property lines. Commercial and industrial accessory structures less than 400 square feet may be located within seven (7) feet of a side or rear property line. No accessory building shall obstruct the vision clearance required at any intersection, including intersections of alleys. Accessory structures shall not exceed twenty-five (25) feet in height to the highest projection.

Exception: Small structures intended for such use as garbage can storage, swimming pool equipment storage, are exempt from the requirements of an improvement location permit providing the following conditions are met:

1.

A floor area not greater than twenty-four (24) square feet

2.

Not located in a front yard

3.

Not located where vision clearance is required

4.

Not located closer than three (3) feet from a property line

5.

Not greater than eight (8) feet in total height for the structure

(Ord. No. 1205, 11-21-17)

The front elevation, as per original architectural blueprints, of all homes placed or built in the city and its jurisdictional area shall be parallel with the city street unless approved by the plan commission at the time of secondary plat approval.

(Ord. No. 1205, 11-21-17)

In any residential, apartment or local commercial district, temporary storage trailers or similar type storage units may be placed for a period not greater than thirty (30) days and shall not be placed in the front yard. Storage facilities shall not be placed on the property for more than two (2) times per year and may not be consecutive time limits. Storage units must be removed for a period not less than thirty (30) days to be considered in compliance.

(Ord. No. 1205, 11-21-17)

Architectural features (cornice, eaves, sill, bay or bow windows) may project or extend into a required side or rear yard not more than two (2) inches for each two (2) feet of required width of a side or rear yard provided that not projection into a required yard exceed thirty-six (36) inches. Chimneys may project into any required yard not more than thirty (30) inches and may not reduce any yard to less than three (3) feet in width. Architectural features such as roof overhangs may project or extend into a required side or rear yard a distance of twelve (12) inches for a detached accessory structure.

(Ord. No. 1205, 11-21-17)

Vision clearance shall be provided on any parcel located within the City of Kendallville and jurisdictional limits. Vision clearance shall meet the provision as set forth in section 7.05(B)(5) of this Code.

(Ord. No. 1205, 11-21-17)

Class 1 animals and raising fowl are prohibited in any property within the corporate boundaries of the City of Kendallville. Class 1 animals and fowl are allowed within the two-mile extra territorial limits of the City of Kendallville subject to the following restrictions:

a.

The minimum size property for fowl shall be not less than two (2) acres.

b.

No storage of manure or odor or dust producing materials shall be stored closer than one hundred (100) feet of a lot line.

c.

Private stables. The minimum area upon which one (1) horse or pony may be kept is four (4) acres, and one (1) additional horse may be kept for each additional one (1) acre by which the lot exceeds four (4) acres. Private stables shall not be closer to any adjoining lot line than fifty (50) feet.

d.

All Class 1 animals may be kept on a noncommercial basis when adequately housed and fenced on a parcel of land not less than ten (10) acres in area, except when in pasturage.

e.

Any agricultural building located on a property shall be located not closer than fifty (50) feet from any lot line when used for the storage of animals or fowl.

f.

No products shall be publicly displayed or offered for sale from the roads except those grown upon the abutting land.

(Ord. No. 1205, 11-21-17)

The following are specifically prohibited in residential districts located within the corporate boundaries of the City of Kendallville:

a.

Accumulation or storage of one (1) or more inoperable vehicles for more than ten (10) days unless located inside a building; and

b.

Accumulation or storage of one (1) or more unlicensed vehicle, including, but not limited to, farm machinery, vehicle parts, appliances or equipment, unless inside a building.

c.

For the purpose of this section, a building shall be defined as a structure enclosed on four sides with a roof which meets the applicable building regulations. A building does not include fenced enclosures, tarps, open lean-to's or similar structures.

(Ord. No. 1205, 11-21-17)

The minimum setback for a principle structure to be placed from a regulated public lake shall be determined by average setback from a public lake of the three (3) principle structures on each side on the parcel if located within two-hundred and fifty (250) feet of the parcel or fifty (50) feet minimum from the waterline of the public lake as defined on the Federal Emergency Management Agency National Flood Insurance Program at the legal established water elevation, whichever is greater. Maintenance Easements established for all drains, ditches, lakes etc. shall be maintained. Accessory structures and buildings having a total height greater than three (3) feet are prohibited to be placed between the principle structure and the shoreline.

Setbacks shall not apply to private lakes.

(Ord. No. 1205, 11-21-17)