Kouts City Zoning Code

SUPPLEMENTARY DISTRICT

REGULATIONS

§ 154.245 MINIMUM LOT SIZES AND WIDTHS WITH RESPECT TO SEWAGE DISPOSAL.

(A) The following regulations shall apply, notwithstanding the district area and width regulations of this chapter:

(1) In all sections of the town which are served neither by sanitary sewers or with public water supply, lots shall have a minimum area of one acre and a minimum width at the building line of 150 feet;

(2) In all sections of the town which are not served with sanitary sewers, but which are served with public water supply, lots shall have a minimum area of 43,000 square feet and a minimum width at the building line of 100 feet.

(B) Smaller lot sizes and widths than specified in division (A) of this section, but not less than prescribed in the Zoning District regulations, may be permitted, when authorized as a variance by the Board of Zoning Appeals. Evidence shall be required that smaller lot area or width will provide safe and effective sanitary sewage disposal and may include, but not be limited to, a specific recommendation from the official representative of the Porter County Board of Health having jurisdiction.

(Ord. 1995-12, passed 7-6-95)

§ 154.246 MODIFICATION OF FRONT YARD REQUIREMENTS.

(A) Where an unimproved lot is situated between two improved lots having on each a principal building within 25 feet of the side boundary line of such unimproved lot, which extends into the required front yard of each such improved lot and has been so maintained since the effective date of this chapter, the front yard depth of such unimproved lot may be the average depth of the front yard of the two adjacent improved lots, notwithstanding the yard requirements of the Zoning District in which it is located.

(B) Where an unimproved lot adjoins only one improved lot having a principal building thereon within 25 feet of the common side lot line which extends into the required front yard of such improved lot and has been so maintained since the effective date of this chapter, the front yard depth of such unimproved lot may be the average depth of the front yard of such adjacent improved lot and the front yard required for the Zoning District in which such unimproved lot is located, notwithstanding the yard requirements for such Zoning District.

(Ord. 1995-12, passed 7-6-95)

§ 154.247 PROJECTIONS INTO REQUIRED YARDS.

No building or no part of a building, including, but not limited to, patios, decks and the like shall be erected within or shall project into any required yard in any Zoning District.

(Ord. 1995-12, passed 7-6-95)

§ 154.248 VISIBILITY AT INTERSECTIONS IN RESIDENTIAL DISTRICTS.

On a corner lot in any Zoning District nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of 2 and ten feet above the centerline grades of the intersection streets in the area bounded by the street on such corner lots and a line joining points along said street lines 50 feet from the point of the intersection.

(Ord. 1995-12, passed 7-6-95)

§ 154.249 FENCES, WALLS AND HEDGES.

(A) Unless otherwise provided by this chapter, fences, walls and hedges may be permitted in and/or on any required side or rear yard. Front yard fences are prohibited. Corner lots are considered to have two front yards. A fence or wall may not be permitted to extend into the aforesaid required front yard. A hedge or thick growth of shrubs or trees may be permitted in any required front yard at a height not to exceed three feet, except for corner setbacks as provided and set forth in § 154.248. Fences may be built along the property line.

(B) Any fence contractor or homeowner installing or building a fence must obtain a fence building permit before beginning construction. The fence permit application shall include a plat survey or similar drawing, showing the proposed fence location on the property and shall include the material for approval. All fence material shall be of matching material. It shall be the responsibility of the fence installer to verify that the location of the fence is within property lines. No fences will be allowed on utility (water, sewer, storm water, etc.) easement. Fences are not to exceed six feet tall. The following materials are permitted for construction: vinyl, wood, chain link, decorative metal. No barbed wire or other sharp pointed and no electrically charged fence shall be permitted in any residential area. All fences or walls shall be erected or be caused to be erected so that the supporting structure (posts, supporting cross members, and the like) must be located on the interior side of the fence or wall. The finished side shall face out (away from the property). Fences shall be in keeping with the general condition of the neighborhood in which they are erected. Any property owner in the town who wishes to erect a fence around his or her property shall not be required to obtain consent of any neighbor. Any dilapidated, unsightly or dangerous fence shall be removed when so ordered by the Code Enforcement Officer.

(C) The planting of trees shall be permitted at sidewalks or between the curb and the sidewalks, but there shall be no encroachment or overhanging of the sidewalk and the street and it shall be kept free and clear to provide for pedestrian access. Any overhanging of a sidewalk by a tree or tree limbs shall be at a height not less than seven feet. It is the homeowners' responsibility to maintain and remove any diseased or dying planted trees.

(Ord. 1992-5, passed 7-6-95; Am. Ord. 2020-3, passed 6-15-20)

§ 154.250 PRINCIPAL STRUCTURE; USE LIMITATIONS.

There shall not be more than one principal structure permitted on a single lot in any Zoning District. There shall not be more than one permissible principal use per single lot in any Zoning District.

(Ord. 1992-5, passed 7-6-95)

§ 154.251 STRUCTURES TO HAVE ACCESS.

Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off- street parking.

(Ord. 1992-5, passed 7-6-95)

§ 154.252 PARKING, STORAGE OR USE OF MAJOR RECREATIONAL EQUIPMENT.

For purposes of these regulations, MAJOR RECREATIONAL EQUIPMENT is defined as including boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers and the like and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not, and all transportation or equipment licensed by the Bureau of Motor Vehicles or other appropriate licensing agency. The list of other items intended to be encompassed by this section is only suggestive and not restrictive of the intent of the section: all implements of husbandry and related machinery, all items stored outside of a building in the view of the public that are offensive or unlike any other items in the town limits that the Plan Commission finds to be included in this section. No such equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on any lot or in any location not approved for such use. The property owner may be given a written warning to either remove the objects in question or have them removed within 30 days by the town authorities at the property owner’s expense.

(Ord. 1995-12, passed 7-6-95)

§ 154.253 PARKING AND STORAGE OF CERTAIN VEHICLES.

Automotive vehicles or trailers, motorcycles or any kind or type of machinery without current license plates shall not be parked or stored on any property within Kouts, other than in completely enclosed buildings, unless such property is zoned as a automobile service center, repair or service station. The property owner may be given a written warning to either license the unlicensed object or have it removed within 30 days by the town authorities at the property owner’s expense.

(Ord. 1995-12, passed 7-6-95)

§ 154.254 TOP SOIL.

Excavations of and removal of top soil from any property in the Town of Kouts shall be prohibited, except as such excavations and removal of top soil is incidental to the erection and maintenance of structures or appurtenances thereto or the use of property permitted by this chapter and other ordinances of the Town of Kouts.

(Ord. 1995-12, passed 7-6-95)

§ 154.255 MOBILE HOME PARK AND MOBILE HOME SUBDIVISION DEVELOPMENT REGULATIONS.

(A) All proposals for a mobile home park or mobile home subdivision shall contain a minimum area of 20 acres.

(B) Water supply shall be from the municipal water supply of the Town of Kouts.

(D) Waste and garbage disposal shall be from municipal service of the Town of Kouts.

(E) All homes shall have or cause to have its undercarriage enclosed with material conducive to the home of a non-flammable and non-combustible material.

(F) There shall be provided for every home, storage facilities, either on-site or in a common area, for occupants of every home, in the amount specified by the State Board of Health.

(G) Every street shall be constructed in compliance with the standards of the Town of Kouts. All proposals for a mobile home park or mobile home subdivision shall provide for adequate pedestrian sidewalks and landscaping, including, but not limited to, green areas, individual lot landscaping and general landscaping plans.

(H) All parking spaces shall be nine feet wide and 20 feet long, and all parking shall be provided off-street, and:

(1) Where those lots are offered for sale, rent or transfer, there shall be provided two off-street parking spaces per lot;

(2) Where lots and improvements will remain in ownership of the developer or his or her assigns:

(a) Two off-street parking spaces per lot, on lot; or

(b) 2.4 parking spaces per home shall be provided in a common parking facility, provided that no home shall be further than 300 feet from any common parking facility.

(I) There shall be provided open space in the amount of 20% of the gross land area or one acre for each 100 people, assuming that there are 4.0 people per family.

(J) All servicing utilities to the home, including television, shall be underground. Upon approval of the project, it shall be assumed that one centrally located television tower is a permitted use.

(K) Lot area:

(1) Those lots offered for sale or transfer shall contain an area of 4,000 square feet and a minimum width at the imposed building line or setback line of 44 feet;

(2) Those developments where lots are not offered for sale or transfer may employ the open- space, planned unit development concept. This provides that the Board may waive lot area, density or setback requirements in order to accomplish a more harmonious overall plan;

(3) In either case, the density of develop- ment shall not exceed ten units to the acre.

(L) Side yards:

(1) In subsection (K)(1) above, there shall be on all interior lots, two side yards of ten feet each. On all corner lots, there shall be two side yards, the side yard abutting the street shall not be less than 15 feet.

(2) In method (K)(2) above, there shall be provided a minimum of 15 feet between each home. In either case, no streets and improvements shall be accepted into the maintenance system of the Town of Kouts unless all side yard requirements of this chapter are complied with.

(M) There shall be a rear yard on each lot, the depth of which shall be not less than 15 feet, except that, when lots are not offered for sale or transfer, the rear yard may be ten feet.

(N) Not more than 45% of the area of any lot shall be occupied by buildings or other structures.

(O) No home shall be placed in any mobile home park or subdivision having a ground floor area of less than 600 square feet.

(P) Only one story, single-family homes shall be placed in any mobile home park or subdivision.

(Q) A planting strip of five feet wide and a tree planted no less than every 30 feet shall completely encompass the proposed park or subdivision.

(R) General provisions:

(1) No mobile home or lot shall be rented for less than 12 months;

(2) Mobile homes shall not be permitted in any park or subdivision until proof of payment of taxes and town utilities has been verified by the Clerk- Treasurer of the Town of Kouts;

(3) Mobile homes shall not be permitted to leave any park or subdivision until proof of payment of taxes and town utilities has been verified by the Clerk-Treasurer of the Town of Kouts.

(S) Each lot provided for mobile homes shall have the following improvements prior to the placement of any home:

(1) Twelve feet by 55 feet concrete home stand, three inches thick;

(2) If on-site parking is provided, there shall be two inches of compacted base material and two inches of bound aggregate;

(3) Eyelet, located at each corner concrete home stand, for anchoring the home;

(4) Each lot shall be maintained in an attractive and desirable condition, grassed and the like.

(T) For every lot, there shall be a site plan submitted to the Building Inspector, showing setbacks, side yards, lot dimensions and location of all proposed structures. Along with the site plan shall be submitted the verification by the Clerk-Treasurer that all taxes and town utilities have been paid. Only then shall a permit be issued.

(U) The above listed performance standards shall be interpreted in the minimum requirements.

(V) No mobile home shall be used as a dwelling unit on any lot, plot or tract of land other than one approved as a mobile home park by special exception granted by the Kouts Board of Zoning Appeals. No mobile home shall be used as a dwelling unit on any lot, plot or tract of land without full approval and licensing by the Indiana State Board of Health.