Long Beach City Zoning Code

RESIDENTIAL ZONING

DISTRICT

§ 154.045 PURPOSE OF THE ZONING DISTRICT.

The residential district is established as the district in which the principal use of land is for one single-family dwelling on a zoning lot containing a minimum of 12,000 gross square feet of land area (see Town Schedule of Zoning District Regulations, Appendix A, Note 1) and where either on-site water and/or sewer services meeting the requirements of the LaPorte County Health Department or where either municipal water and/or sewer service can be provided and where such dwellings and accessory uses comply with yard setback requirements set forth in the Town Schedule of Zoning District Regulations, Appendix A. For the residential district in promoting the general purpose of the chapter, the specific intent of the section is:

(A) To encourage the construction of, and the continued use of land solely for single-family dwellings and accessory uses;

(B) To prohibit business use of the land and to prohibit any other use which would be incompatible with the continued development of single-family dwellings;

(C) To encourage the discontinuance of existing uses that would not be permitted as new uses under the terms of the provisions of this chapter;

(D) To discourage any land use which would generate traffic on any street, place, alley or courtway other than normal traffic to serve the residences on these streets, places, alleys or courtway; and

(E) To discourage any use, which because of its unusual character and size would create requirements and costs for public services such as fire and police protection, snow removal, garbage collection, and public supplied water and sewer services where not otherwise currently provided, substantially in excess of such requirements and costs if the district were developed solely for single-family dwelling of compatible size of dwellings within the immediate vicinity.

(Ord. 0203, passed 6-10-02)

§ 154.046 PERMITTED USES AND STRUCTURES.

The following uses shall be permitted in the residential district:

(A) One single-family dwelling on a zoning lot, either site constructed or factory constructed, meeting the definition of a manufactured home as defined in this chapter where such manufactured home meets the minimum building size regulations of § 154.047;

(B) Accessory buildings and structures, including garages;

(D) Home occupations in the principal building;

(E) Park and recreational areas owned or operated by governmental agencies;

(F) Town municipal buildings and structures including those required for essential services, governmental operations, town street/maintenance services and other community facilities whether or not leased or rented to specific occupants;

(G) Membership owned golf/country clubs including necessary maintenance and related accessory uses and structures; and

(H) Churches, public and private schools, plus related church and school buildings and structures.

(I) Where a single family dwelling unit is leased for a period of 30 days or longer, the owner of the property as lessor shall be obligated to:

(1) Place on file with the Clerk-Treasurer of the town a complete copy of said lease arrangement along with any modifications, amendments or extensions (exception: financial terms may be redacted). In addition a Long Beach Rental Form must be filled out and placed on file at the Police Station. This form will contain contact information for the lessor and the lessee, the starting and ending dates for the lease;

(2) The owner, as lessor, shall notify the Clerk-Treasurer of the town in writing if the lease is terminated before the original lease end date;

(3) For such rentals of single family dwelling units, accessory building or structures for 30 days or longer, the owner, as lessor, shall provide the tenant, as lessee, with a copy of said lease which the tenant shall maintain at said residence and make available for inspection, upon reasonable request, to a member of the Police Department. A let or leased property or any portion may not be subject to more than one lease at any time;

(4) A principal building, accessory building, structure or any portion of a zoning lot may not be subjected to more than one lease at any time; and

(5) A lease terminated within the first 30 days from the start of the lease period shall be considered a daily rental use and is a violation of § 154.049(D).

(Ord. 0203, passed 6-10-02; Am. Ord. 2017-01, passed 3-13-17) Penalty, see § 154.999

§ 154.047 MINIMUM RESIDENTIAL BUILDING WIDTH AND BUILDING AREA.

(A) In the R-1 Residential District, the minimum width of the principal building shall be no less than 32 feet and contain a minimum 1,200 gross square feet of ground floor building area. In the R-1 Residential District, the minium zoning lot size shall be 12,000 gross square feet.

(B) In the R-2 Residential District, the minimum width of the principal building shall be no less than 26 feet and contain a minimum 1,200 gross square feet of ground floor building area. In the R-2 Residential District, the minium zoning lot size shall be 6,000 gross square feet.

(Ord. 0203, passed 6-10-02; Am. Ord. 1002, passed 6-14-10) Penalty, see § 154.999

§ 154.048 MAXIMUM HEIGHT OF BUILDINGS.

(A) (1) In the R-1, R-2, R-3, R-4, or R-5 zoning districts, no portion of a building or structure hereafter erected shall exceed the lower of:

(a) Two-and-one half stories limited to a maximum of 27 feet above the highest preconstruction grade elevation at the perimeter of the proposed building platform; or

(b) Three stories limited to a maximum of 33 feet above the lowest level of the preconstruction grade elevation at the perimeter of the proposed building platform.

(2) For illustration purposes see also, Town Schedule of Zoning District Regulations, Appendix A and Appendix B, Figure 6.

(B) Architectural or structural features, including, but not limited to catwalks, canopies, elevated decks, balconies, railings, towers, antennae, or dish may not project above the MAXIMUM BUILDING HEIGHT allowed for the corresponding zoning district. A chimney may be allowed to extend two feet above the required building height for the zoning district, if necessary, to meet the current IRC building code.

(Ord. 0203, passed 6-10-02; Am. Ord. 1002, passed 6-14-10; Am. Ord. 2016-04, passed 6-13-16; Am. Ord. 2018-07, passed 12-10-18) Penalty, see § 154.999

§ 154.049 USES EXPRESSLY NOT ALLOWED.

The following uses expressly prohibited in the residential district due to their incompatibility with the Master Plan and the spirit and intent of this district:

(A) A mobile home as defined in this chapter when used as a single-family home;

(B) Multiple-family dwelling units of any type;

(D) Use of a single-family dwelling unit for daily rental use and/or occupancy by persons who compensate the property owner in any form, for the privilege of use and/or occupancy of the principal building, accessory building, structure or any portion of a zoning lot for a period of less than 30 consecutive days, including but not limited to bed and breakfast and other home-stay lodging facilities. The daily rental use of a single-family dwelling, a principal building, accessory building or structure and all or any portion of a zoning lot are hereby declared to be a commercial business and are prohibited in a residential district or zone;

(E) The operation of a boarding kennel as defined in this chapter or the raising of animals of any type for sale;

(F) Outdoor storage of recreational vehicles including, campers, trailers of any type, boats, personal water craft, in the front or side yards; and

(G) See § 154.113 for prohibition on the parking of certain trucks and vehicles in residential zoning districts.

(Ord. 0203, passed 6-10-02; Am. Ord. 1002, passed 6-14-10; Am. Ord. 2017-01, passed 3-13-17) Penalty, see § 154.999

§ 154.050 SPECIAL USES/EXCEPTIONS AS PERMITTED USES.

The following uses may be permitted by the Board of Zoning Appeals if the proposed use will constitute a desirable and stable development which will be in harmony with development in adjacent areas and will not cause congestions on public streets nor be contrary to the spirit or purpose of the district or this chapter:

(A) Television, communication towers and related antennas accessory to residential use, where the maximum diameter of the dish is no greater than 24 inches, may be mounted on the roof of the principal permitted structure or mounted on a tower located only in a rear yard. (See § 154.115 for regulations concerning the location of ham radio towers and antenna.)

(B) Child care homes (as defined in this chapter) meeting the following standards:

(1) Is conducted totally within or as a permanent addition to the principal building designed as an integral part of the design of the principal building so as to give the impression to the public, viewing the principal building from the street, the appearance of a single family dwelling unit;

(2) All outdoor space needs for child care activities are provided in the rear yard and are completely enclosed by fencing in accord with the fencing provisions of § 154.055;

(3) No persons, other than persons who occupy the residence engage in the delivery of child care services; and

(4) There is adequate off-street parking spaces for the safe drop-off and pick-up of children, as deemed necessary by the Police Chief/Town Marshal.

(1) Is constructed totally within or as a permanent addition to the principal building; and

(2) Is designed as an integral part of the design of the principal building so as to give the impression to the public, viewing the principal building from the street, the appearance of a single family dwelling unit.

(Ord. 0203, passed 6-10-02) Penalty, see § 154.999

§ 154.051 PERMITTED ACCESSORY USES AND STRUCTURES.

The following uses and structures are permitted in a residential district provided they conform to all setback requirements unless otherwise permitted by the Board of Zoning Appeals:

(A) A private garage or carport, not to exceed the three car capacity;

(B) A shed or storage building for garden equipment, and household items incidental to a permitted use, provided that the floor area of such shed shall not exceed 1% of the size of the zoning lot (such as, for a 12,000 gross square feet zoning lot the maximum would be a shed(s) having a total of 120 gross square feet) located in a rear yard;

(C) A private swimming pool and bath house fenced and protected against hazards to the public by fences or walls which totally enclose the swimming pool not less than five feet in height nor more than seven feet in height. The fence or wall shall be equipped with self-closing and self-latching gates or doors, the latching devise being located not less than four feet above ground or floor surface area of the entryway located in a rear yard;

(D) Elevated decks, permanently installed gazebos, hot tubs and other similar permanently installed structures located in a rear yard;

(E) Statuary, arbors, trellises, awnings, canopies, flag pole, open terraces, landscaping walls, ground level decks and any other structures deemed a residential accessory use by the Board of Zoning Appeals located in the front, side or rear yards. Items in this division must conform with setback requirements for the district in which the zoning lot is located unless varied by the Board of Zoning Appeals;

(F) Barbecue equipment, portable tent/screen house, portable recreational equipment located in the side or rear yards;

(G) Non-illuminated residential identification signs having no more than 120 square inches in total sign area located in the front yard;

(H) Off-street parking facilities as required by the terms of the district location and which are exempt for setback requirements located in the side or rear yards;

(I) Lights capable of providing a maximum light output of 2,300 lumens; and

(J) Outdoor parking of recreational vehicles, boats, camping trailers, of no more than 30 feet long provided they are parked behind the principal structure in the rear yard and no closer than ten feet from a side or rear property line.

(Ord. 0203, passed 6-10-02; Am. Ord. 1002, passed 6-14-10) Penalty, see § 154.999

§ 154.052 CONSTRUCTION AND LOCATION STANDARDS FOR ACCESSORY USES AND STRUCTURES.

(A) A detached or attached accessory structure shall not be located in a front yard, interior side yard (defined as a side yard which adjoins another zoning lot or an alley separating the side yard from another lot), or side yard adjoining a street except as otherwise permitted herein for a specific permitted use.

(B) No accessory use shall be established or structure erected prior to the establishment or erection of the principal use building to which it is accessory. No existing accessory use may be expanded or extended except in compliance with all regulations of §§ 154.125 through 154.135.

(C) No accessory building shall be located closer to a side or rear line than ten feet nor exceed 18 feet in height and, if detached from the principal building, shall be set back at least 30 feet from the street, place, alley, courtway, or right-of-way line. On Lake Shore Drive, the required setback may be reduced to 15 feet.

(D) The Board of Zoning Appeals may upon application provide for the location of an accessory use in a side yard provided there is no other location on the zoning lot where the use can be located and comply with the location standards or where, due to topography or other physical limitation or need, there is no other suitable location for the accessory use on the zoning lot.

(Ord. 0203, passed 6-10-02; Am. Ord. 1002, passed 6-14-10) Penalty, see § 154.999

§ 154.053 HOME OCCUPATION/SERVICES.

Home occupation and home services shall comply with all standards applicable to the residential district. No accessory use shall be established or structure erected prior to the establishment or erection of the principal or primary use building or structure to which it is accessory. No existing building, structure or accessory use may be expanded or erected except in compliance with all the regulations of this chapter and the following standards:

(A) The home occupation/service is incidental and secondary to the use of the dwelling for dwelling purposes and does not occupy more than 25% of the floor area of the dwelling;

(B) There are no signs, displays or activities that will indicate from the exterior that the dwelling is being used for any purpose other than that of a dwelling;

(C) There are no commodities sold, or services rendered that require receipt and delivery of merchandise, goods, or equipment by other than a passenger motor vehicle or a vehicle with a capacity of not more than 3,000 pounds (such as, United Parcel Service truck);

(D) There are no persons other than the persons who reside in the dwelling and up to three non-resident persons of the immediate family engaged in the home occupation;

(E) All activity, including storage, is conducted completely within the dwelling (except storage which may be done in a garage);

(F) No special structural alterations or construction modifications to the dwelling or garage, nor the installation of special equipment attached to the walls, floor, or ceilings shall be made;

(G) There is no perceptible noise, odor, smoke, toxic fumes, electrical interference, vibration and the like, emanating from the dwelling or garage; and

(H) There is no business activity between the hours of 10:00 p.m. and 7:00 a.m., except activities solely contained within the home.

(Ord. 0203, passed 6-10-02) Penalty, see § 154.999

§ 154.055 FENCES IN THE RESIDENTIAL DISTRICT.

Fences in the residential district shall comply with the following standards:

(A) All fences located between the building line or the front building foundation line and the front property line abutting the street or place shall be of natural material either wood or a wood substitute, or ornamental metal iron or metal substitute, or premanufactured plastic (or similar type material) fencing. No chain-link fences of any type are permitted in the front of any building;

(B) All fences located between the building line or the front building foundation line and the front property line abutting the street or place shall not exceed four feet in height nor be greater than 12 inches in thickness/width;

(C) All fences located behind the front building line or the front foundation line of the building, whichever is the furthest from the front property line adjoining the street or place, shall not exceed seven feet in height nor be greater than 12 inches in thickness/width;

(D) All fences shall be constructed not closer than six inches to the property line, and it shall be the applicant/property owners’ responsibility to determine the location of all property lines prior to installation of any fence. The Building Commissioner may reduce the six inch property line setback dimension for the location of the fence upon presentation of written consent and approval by any and all abutting property owners by the applicant;

(E) All fences must be of the type having two finished sides, that being each side of the fence must have the identical finish; and

(F) Fences to enclose a swimming pool are required pursuant to § 154.051(C).

(Ord. 0203, passed 6-10-02) Penalty, see § 154.999

§ 154.056 GARAGE OR YARD SALE.

(A) As used herein GARAGE OR YARD SALE is defined as a public or private sale conducted by the owner or occupier of a premise, and conducted within a residence, garage, or other accessory building or outside thereof, which sale is of any number of personal property items owned or in the possession of the owner or occupier of the premise (including possessions of one or more families), which personal property was not acquired by the owner or occupier for the purpose of resale.

(B) A garage or yard sale may be conducted two times in any one calendar year on any premise located in the residential district, but no such sale shall be conducted for more than three consecutive days.

(D) 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 sales shall be erected and removed as provided for in § 154.118.

(E) No such garage or yard sale shall be held without the owner or occupier of the premise having first obtained a permit therefor. Such permit shall be obtained by applying therefor from the Clerk-Treasurer or his or her designee. Such permit shall specify the address and date or dates of such sale plus the names of all participating families.

(Ord. 0203, passed 6-10-02) Penalty, see § 154.999

§ 154.057 SCHEDULE OF DISTRICT REGULATIONS; SETBACK, HEIGHT, ZONING LOT SIZE AND COVERAGE.

(A) No building in the residential district shall be erected, reconstructed, or structurally altered in any manner which will encroach upon, or reduce in any manner, the yards, ground floor area, or zoning lot coverage regulations, established and specified for residential uses in the district in which the zoning lot is located.

(B) No zoning lot area shall be modified to be less than specified for the residential use district in which the zoning lot is located. (Appendix A contains the schedule of district regulations for the residential districts.)

(Ord. 0203, passed 6-10-02; Am. Ord. 1002, passed 6-14-10) Penalty, see § 154.999

§ 154.058 ON-SITE PARKING REQUIREMENTS.

There shall be at least three parking spaces for every dwelling unit. These spaces shall be on the same zoning lot with the principal use building they are intended to serve and contain an area no smaller than ten feet wide by 20 feet long for each parking space of which a minimum of two parking spaces shall be of a hard surface material either concrete, asphalt, compacted gravel, driveway brick pavers or similar material.

(Ord. 0203, passed 6-10-02; Am. Ord. 1002, passed 6-14-10) Penalty, see § 154.999

§ 154.059 DUPLICATE BUILDING TYPES.

Not more than one dwelling of any standardized plan shall be erected in the town, unless recommended by the Building Commissioner and approved as a variance by the Board of Zoning Appeals. A standardized plan is defined as follows:

(A) Where the plan of a house is standardized and remains constant as to width and length;

(B) Where the volume of the house remains practically the same; changes made to a standardized plan where the width and length of the plan and the volume of the house are not substantially changed; shall not be sufficient change to grant a permit;

(C) The adding to or subtracting from a standardized plan of small units such as porches, bay windows, terraces, and other appurtenances, or the changing or varying the slope or type of roof, or location or size of door and window openings, or changing or varying the style or design, or changing or varying the finish color of the exterior walls, shall not be sufficient change to a standardized plan to warrant the granting of a permit for its erection in the town.

(Ord. 0203, passed 6-10-02) Penalty, see § 154.999

§ 154.060 WATERFRONT SETBACK AND VIEW PROTECTION STANDARDS.

(A) After the date of adoption of this chapter, construction of any new home or the expansion, remodeling or redevelopment (partial or total) of any residential dwelling, accessory use, building or structure, on a zoning lot in which the property line abuts or, if not abutting, is adjacent to a non-buildable parcel, tract or area of land that abuts Moon Valley, the Long Beach Golf Course or any water body shall comply with the following view protection and waterfront setback standards.

(B) It is the intent of these standards to protect the view of Moon Valley, the Long Beach Golf Course and any water body from the principal permitted dwelling.

(1) No dwelling or accessory use, building or structure located on a zoning lot in which the property line abuts or, if not abutting, is adjacent to a non-buildable lot, parcel or tract of land that abuts Moon Valley, the Long Beach Golf Course or any water body shall block the view from any other dwelling, located on an adjacent zoning lot in which the property line abuts or, if not abutting, is adjacent to a non-buildable lot, parcel or tract of land, that abuts Moon Valley, the Long Beach Golf Course or any water body.

(2) The Waterfront Setback line upon which a dwelling accessory use, building or structure, shall be built on a zoning lot that abuts or, if not abutting, is adjacent to a non-buildable lot, parcel or tract of land, that abuts Lake Michigan shall be a line measured from the zoning lot line abutting the public right-of-way known as Lake Shore Drive perpendicular to said zoning lot line, a distance no greater than 106.60 feet. No dwelling, accessory use, building or structure shall be located any closer to Lake Michigan than 106.60 feet from the zoning lot line abutting the public right-of-way known as Lake Shore Drive.

(3) Notwithstanding any language contained in this section nor in any other section or provision of this chapter there may be added to the dwelling, building or structure to be built on a zoning lot that abuts or, if not abutting, is adjacent to a non-buildable lot, parcel or tract of land that abuts Lake Michigan, a deck which may extend no further than a line measured from the zoning lot line abutting the public right-of-way known as Lake Shore Drive perpendicular to said zoning lot line a distance of 123 feet provided that no deck or stairway shall extend beyond (lakeward of) a seawall or revetment. All decks shall be subject to the following:

(a) For zoning lots north of Lake Shore Drive:

1. All decks must either be ground level or elevated no higher than the elevation of the first story floor. The term FIRST STORY shall be defined as that level of living space of a structure, the floor of which has as its elevation, the height closest to the elevation of the center line of the public right-of-way known as Lake Shore Drive measured immediately adjacent to the building lot.

2. A deck shall be allowed to be constructed at an elevation equal to, but no higher than, the elevation of an existing first story deck on an adjacent zoning lot. In the circumstance where (B)(3)(a)1. and (B)(3)(a)2. conflict, the lower elevation shall apply.

3. The waterfront setback from the shoreline of any water body upon which the dwelling, accessory use, building or structure shall be built, shall be determined by the Building Commission, as determined by the following criteria:

a. Equal to the average of the waterfront setbacks of dwellings already built on both sides of the zoning lot upon which the dwelling, accessory use, building or structure is to be built but no less than required minimum setback of the zoning district; or

b. Equal to the waterfront yard setback of the dwelling built on one side of the zoning lot upon which a dwelling, accessory use, building or structure is to be built but no less than required minimum setback of the zoning district; or

c. The required minimum waterfront yard setback of the zoning district, if zoning lots adjacent on both sides of the zoning lot where the proposed dwelling, accessory use building or structure is to be built upon is vacant, accessory use building or structure is to be built upon are vacant but not greater than 106.60 foot line.

d. No other structures, including fences, boathouses, cabanas and other structures and landscaping plants, except for those already in existence, shall be built or planted as to block the view of the surface water features of any dwelling located on an adjacent zoning lot.

(b) For zoning lots on Moon Valley Golf Course and bodies of water other than Lake Michigan. The building line setback shall be determined by the Building Commission, as determined by the following criteria:

1. Equal to the average of the building line setbacks of dwellings, accessory uses, buildings or structures already built on both sides of the zoning lot upon which the dwelling, accessory use, building or structure is to be built but not less than the minimum setback;

2. Equal to the building line setback of the dwelling, accessory use, building or structure already built, but only built on one side of the zoning lot upon which a dwelling, accessory use, building or structure is to be built but not less than the minimum setback; or

3. The required building line setback of the zoning district, if zoning lots adjacent on both sides of the zoning lot where the proposed dwelling, accessory use building or structure is to be built upon are vacant.

4. Elevated decks may not extend beyond the building line setback.

5. Note in the circumstance where the setbacks conflict, the more restrictive setback shall apply.

(4) The height of any structure including any proposed new dwelling, accessory use buildings, or structure constructed, and the remodeling and redevelopment of any dwelling, accessory use, building or structure in a residential district on a zoning lot abutting or, if not abutting, is adjacent to a non-buildable parcel, tract or area of land that abuts a water body, Lake Michigan, Moon Valley, the Golf Course or other water body shall be limited to the maximum height allowable in the zoning district provided that such height does not block the view from any existing dwelling, accessory building, use or structure on a abutting zoning lot or property.

(1) In the R2 zoning district north of Lake Shore Drive when two adjacent lots are combined to a single zoning lot, the six-foot side setback shall double to 12 feet. If three or more lots are combined, it shall increase to 16 feet.

(2) In the R1 zoning district north of Lake Shore Drive when two adjacent lots are combined to a single zoning lot, the ten-foot side setback shall increase to 12 feet. If three or more lots are combined, it shall increase to 16 feet.

(3) See Chapter 154, Appendix A.

(D) Legally permitted structures in existence prior to the passage of this section are exempt.

(E) No structure shall be erected on the Public Trust Land of the State of Indiana.

(Ord. 0203, passed 6-10-02; Am. Ord. 0302, passed 2-9-04; Am. Ord. 1002, passed 6-14-10; Am. Ord. 2017-05, passed 6-19-17; Am. Ord. 2018-05, passed 9-10-18) Penalty, see § 154.999