(a)

All signs erected in all zones shall conform to the requirements of chapter 129.

(b)

No sign shall in any manner or design resemble any emergency warning device or traffic regulation device.

(c)

Revolving or stationary beacon lights are prohibited.

(Code 1985, § 159.215; Ord. No. 3363, 3-19-1990)

(a)

Signs erected in all commercial, industrial and special zones shall conform to the applicable requirements of chapter 129, on-premises sign standards, the state department of transportation, and IC 8-23-20 et seq., as may be amended from time to time.

(b)

No electrical sign exhibiting the colors, red, green, or amber shall in any manner or design resemble any emergency warning device or traffic regulation signal. Revolving or stationary beacon lights are prohibited.

(Code 1968, tit. 580, art. XV, § 2; Code 1985, § 159.216; Ord. No. 1378, 11-21-1966; Ord. No. 3703, 6-21-1993)

State Law reference— Regulation of billboards and junkyards, IC 8-23-20 et seq.

Accessory buildings, except as otherwise permitted in this chapter, shall be subject to the following regulations:

(1)

Where the accessory building is structurally attached to a principal building, it shall be subject to and must conform to all regulations of this chapter applicable to principal buildings.

(2)

Accessory buildings shall not be erected in any yard, except a rear yard.

(3)

An accessory building shall not exceed one story or 15 feet in height.

(Code 1985, § 159.230; Ord. No. 2988, 12-15-1986)

There shall not be more than one principal building erected on a lot.

(Code 1985, § 159.231; Ord. No. 2988, 12-15-1986)

Every structure 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.

(Code 1985, § 159.240; Ord. No. 2988, 12-15-1986)

No recreational vehicles shall be parked or stored on any lot in any residential district, except in a carport, enclosed accessory building, or in the rear yard; provided, however, that such equipment may be parked anywhere on residential premises not to exceed 24 hours during loading or unloading. No such equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on any residential lot.

(Code 1985, § 159.241; Ord. No. 2988, 12-15-1986)

Any vehicle, other than a recreational vehicle, having a gross weight greater than 7,000 pounds shall be prohibited in all residential districts.

(Code 1985, § 159.242; Ord. No. 2988, 12-15-1986)

Every person owning land on which there is situated a swimming pool containing water which is 12 inches or more in depth at any point, shall erect and maintain a fence or wall, at least four feet in height, either surrounding the property or pool area. Gates must be self-latching with latches placed four feet above the ground. Fencing or wall material must be capable of keeping children from passing through the fence or wall.

(Code 1985, § 159.243; Ord. No. 3263, 4-17-1989)

The following public utility uses shall be permitted in all districts: poles, cables, wires, conduits, vaults, pipes, mains, and valves, for electric, gas, water, sewer, steam, and communication systems. All utility buildings shall comply with the applicable zoning district regulations in which they are permitted.

(Code 1985, § 159.244; Ord. No. 2988, 12-15-1986)

(a)

Freestanding antennas. Freestanding antennas shall be located to the rear of the front wall of the building or to the rear of the front building setback, whichever is greater, shall be no higher than 35 feet above the ground, and set back at least 30 inches from all property lines.

(b)

Roof antennas. Roof antennas shall be mounted on the roof of the principal building or any accessory building and the aggregate height of the building together with the roof-mounted antenna shall be no higher than the maximum height limitation contained within the zoning district in which the antenna is located.

(c)

Amateur radio antennas. Every antenna shall be installed to the rear of the rear wall of the principal building and shall not be closer than 30 inches to any lot line in all zoning districts. All applicable building and electrical codes shall be adhered to and the antenna shall be installed according to manufacturer's instructions. The provisions contained in subsections (a) and (b) of this section do not apply to amateur antennas when the amateur antennas are placed to the rear of the rear wall of the building; however, an amateur radio antenna may be placed within the interior side yard setback if the height of the antenna is no greater than 35 feet and is at least 30 inches from the lot line. An amateur radio antenna may also be installed on the roof of the principal building if the antenna is no more than 35 feet above the average level of the ground.

(Code 1985, § 159.245; Ord. No. 3662, 3-1-1993; Ord. No. 3725, 8-2-1993)

All outdoor lighting fixture lamps on privately owned property shall be so located, directed or shielded in such a manner that no light shines, reflects, causes glare, allows indirect light, or allows light trespass onto adjacent property or into the publicly owned right-of-way. Exemptions to this regulation include: nighttime field sports facilities, such as little league baseball diamonds, high school football fields, high school soccer fields, and municipal street lights.

(Code 1985, § 159.246; Ord. No. 4078, 8-5-1996)

Landscaping and screening shall be provided for all development in all commercial districts in accordance with the following regulations:

(1)

Landscaping and screening in yards.

a.

All required yards shall be landscaped. The landscaping of these yards shall, at a minimum, consist of a combination of living vegetation, such as trees and shrubs as specified in this section and grasses or ground cover materials, planted or transplanted and maintained, or preserved as existing natural vegetation areas.

b.

Landscaping and screening of the front yard, or in the case of a through lot, all front yards, shall consist of trees planted in accordance with one of the two following alternatives:

1.

If deciduous shade (overstory) trees are used:

(i)

There shall be a minimum of one tree planted at every 40 feet on center of linear distance within all front yards.

(ii)

These required trees may be grouped together in the required front yard; however, in no case shall spacing between the trees exceed 40 feet.

2.

If deciduous ornamental (under-story) trees are used:

(i)

There shall be one tree planted at a minimum of every 25 feet on center of linear distance within the required front yard.

(ii)

These required trees may be grouped together in the required front yard; however, in no case shall spacing between the trees exceed 25 feet.

(iii)

Deciduous shade trees and deciduous ornamental trees may be grouped together in the required yards; however, in no case shall spacing between a deciduous shade tree and a deciduous ornamental tree exceed 25 feet.

c.

Screening in the front yard or in the case of a through lot, all front yards, of the project shall consist of one or a combination of the following three alternatives:

1.

An ornamental or decorative fence of not more than 48 inches in height may be used in conjunction with the required landscaping.

2.

An earthen berm may be used in conjunction with the required landscaping. The berm shall be a maximum height of 48 inches, have a side-slope of no greater than 3:1, and shall be planted and covered with live vegetation.

3.

A plant material screen composed of a compact hedge of evergreen or densely twigged deciduous shrubs may be used in conjunction with the required landscaping.

d.

For all parking areas located in the front yard, there shall be provided and maintained along the front of the parking area, a screen of a minimum height of 36 inches along a minimum of 75 percent of the linear distance of the parking area, excluding the linear width of driveways, with a decorative fence, earthen berm, or plant material screen.

e.

The ground area between such decorative fence, earthen berm, or plant material screen and the property line shall be planted and maintained in grass or other suitable ground cover.

f.

A minimum of one-half of the required trees shall also be planted between the property line and the decorative fence, earthen berm, or plant material screen.

g.

Landscaping and screening in the required side and rear yards shall be provided and maintained according to the following minimum standards:

1.

Landscaping in the required side and rear yards shall consist of trees planted in accordance with one of the three following alternatives:

(i)

If deciduous shade (over-story) trees are used there shall be one tree planted at a minimum of every 60 feet on center of linear distance along all required side and rear yards. These required trees may be grouped together in the side and rear yards; however in no case shall be spacing between the trees exceed 60 feet.

(ii)

If deciduous ornamental (understory) trees are used there shall be one tree planted at a minimum of every 40 feet on center of linear distance along all required side and rear yards. These required trees may be grouped together in the side and rear yards; however, in no case shall spacing between the trees exceed 40 feet.

(iii)

Deciduous shade trees and deciduous ornamental trees may be grouped together in the required yards; however, in no case shall the spacing between a deciduous shade tree and a deciduous ornamental tree exceed 40 feet.

2.

Screening in the required interior side yard and rear yard of the project may include:

(i)

An ornamental or decorative fence of up to a maximum height of seven feet may be used in conjunction with required landscaping.

(ii)

An earthen berm may be used in conjunction with the required landscaping. It shall have a maximum height of seven feet, have a minimum crown width of two feet, a side-slope of no greater than 3:1, and shall be planted and covered with live vegetation.

(iii)

A plant material screen consisting of a compact hedge of evergreen or densely twigged deciduous shrubs may used in conjunction with the required landscaping.

h.

All ornamental or decorative fencing, earthen berms, plant material screens, shrubs, trees, structures or other objects shall permit completely unobstructed visibility within the vision clearance area.

i.

Barbed wire, razor wire, and electrified fences shall not be permitted on any property within any commercial district.

j.

The minimum size of all required landscape plant materials, at the time of planting, including replacement trees and shrubs, shall be as follows:

1.

Deciduous shade (overstory) trees shall be 2½-inch caliper at six inches above the ground.

2.

Deciduous ornamental (under-story) trees shall be 1½-inch caliper at six inches above the ground.

3.

Multistemmed trees shall be at least eight feet in height.

4.

Evergreen trees shall be at least six feet in height.

5.

Deciduous or evergreen shrubs shall be at least two feet in height. Shrubs shall be planted at a maximum of four feet on center of linear distance along the property line.

6.

Shrubs used to screen parking lots shall be a minimum of 18 inches in height.

k.

All trees and shrubs shall be planted or transplanted in accordance with the standards contained in American Standard for Nursery Stock, copyrighted in 1986 by the American Association of Nurserymen and approved May 2, 1986, by the American National Standards Institute, Inc. or as hereafter may subsequently be amended. All trees and shrubs shall be mulched and maintained to give a clean and weed free appearance.

l.

Existing trees already located on the property may fulfill the requirements for tree planting in required yards as long as the standards specified above are met.

m.

The removal of any existing live tree of over four-inch caliper measured at 4½ feet above the ground or any existing shrub or evergreen tree over six feet in height shall be prohibited except to facilitate the placement of utilities or to provide for necessary easements or drainage improvements. Removal of said tree shall require the replanting of replacement tree so the total number of trees replanted equals the total number of trees removed. Replanting of replacement trees shall occur within six months of removal, or the next planting season, whichever occurs first.

n.

All existing trees which are to be preserved shall be maintained without injury and with sufficient area for the root system to sustain the tree. Protective care and physical restraint barriers at the drip line, such as temporary protective fencing, shall be provided to prevent alteration, compaction, or increased depth of the soil in the root system area prior to and during groundwork and construction. Heavy equipment traffic and the storage of construction equipment or materials shall not occur within the drip line of the tree.

(2)

Landscaping requirements for interior of parking lots.

a.

The purpose of parking lot interior landscaping is to help reduce glare and heat buildup; to promote interior islands for pedestrian safety and traffic separation; to visually break up large expanses of pavement; and to reduce surface runoff.

_____

b.

The interior of any parking lot shall be landscaped based on the following minimum standards:

_____

c.

The minimum size of a required interior landscaping area shall be 108 square feet. No planting area shall be less than six feet in dimension, measured from the inside of the permanent barrier to inside of permanent barrier, except those portions created by turning radii or angles of parking spaces.

d.

Required interior landscaped areas shall be in the ground and not be placed upon a pavement surface.

e.

A permanent barrier, such as curbing or wheel stops, shall enclose each interior landscaped area in order to minimize damage from vehicles and pedestrians, and improve parking lot maintenance.

f.

Regardless of any language elsewhere in this section, there shall be at least one tree provided for each 20 parking spaces.

g.

Trees located at the end of a parking bay shall be deciduous shade (overstory) or deciduous ornamental (understory).

h.

Trees located in any other portion of the interior landscaped area may be deciduous shade (overstory), deciduous ornamental (understory) or evergreen.

i.

The minimum size for trees shall be:

1.

Two and one-half-inch calipers at six inches above the ground for deciduous shade (overstory);

2.

Two and one-half-inch caliper at six inches above the ground at the time of planting for deciduous ornamental (understory); and

3.

Six feet in height for evergreen trees.

j.

Each tree shall be a minimum of 2½ feet from the outside of any permanent barrier of a landscaped area or edge of the parking area.

k.

Hardy ground cover or grasses shall be planted to cover each interior landscaped area completely within three years. All ground cover shall have a mature height of not more than 2½ feet.

l.

Fifty percent of the required interior landscaped areas shall be installed at the end of parking bays. The balance of the required interior landscaped area may be installed anywhere within the parking lot outside of the parking lot setback areas.

m.

These requirements do not apply to parking garages or parking decks.

n.

These requirements shall apply to parking lots legally established after adoption of the ordinance from which this section is derived. If an existing parking lot is expanded after adoption of this section, then the entire parking lot shall meet all of the requirements of this section.

(3)

Landscape plan requirements.

a.

All landscape plans shall be drawn on, or as a part of the final site plan, show dimensions and detailed elevation or section drawings of fences, show all existing elevations and proposed land contour lines having at least one foot intervals.

b.

Include a tree survey of required yards indicating the exact location of all trees, shrubs, and evergreens.

c.

Show all proposed planting by labeling the species, size, and spacing on center.

(4)

Grounds maintenance. The project owner or management shall:

a.

Maintain the landscaping by keeping lawns mowed, all plants maintained as disease free, and planting beds groomed, except in naturally occurring vegetation areas; and

b.

Replace any required plantings, which are removed or die after the date of planting. Such replacement shall occur not later then the next planting season.

(Code 1985, § 159.270; Ord. No. 3836, 6-20-1994; Ord. No. 4020, 2-20-1996)

(a)

Yard sales are a permitted use in the R-1, R-2, R-3, and R-4 districts, but shall be subject to the following restrictions:

(1)

No more than three sales may be conducted at a single address during any calendar year. Each sale may be conducted for up to three consecutive days.

(2)

Only merchandise normally found in a residential household may be sold at the sale.

(3)

All merchandise shall be placed within a secured structure immediately following the termination of the sale.

(4)

No more than two signs of not more than four square feet are permitted to be displayed on the property of the residence where the sale is conducted. No more than two directional signs of not more than four square feet are permitted, provided written permission is received from the property owner upon whose property the signs are to be placed. Signs may not be exhibited for more than one day prior to the date of the sale and must be removed immediately following the termination of the sale.

(5)

Signs shall not be placed on property belonging to the city or to any of the various departments thereof.

(b)

The provisions of this section shall not apply to the following sales:

(1)

Sales conducted pursuant to the order of authorization of a court of competent jurisdiction.

(2)

Public sales conducted by persons acting in accordance with their powers and duties as public officials.

(3)

Sales conducted by duly licensed auctioneers, selling at auctions.

(4)

The sale of no more than one motor vehicle titled to a person residing on the property on which the vehicle is offered for sale.

(Code 1985, § 159.295; Ord. No. 3150, 3-8-1988)

(a)

Intent. It is the intent of this section to comply with the state law mandating the placement of type I manufactured homes on residential zoning lots intended for conventional stick-built single-family housing. In order to protect the residents of both type I manufactured houses and of the surrounding neighborhood, the requirements and procedures are set forth in this section to assure acceptable similarity in appearance and soundness of construction between type I manufactured housing and stick-built housing.

(b)

Permitted placement. The establishment, location, and use of type I manufactured homes as permanent residential units approved individually, by specific materials and by design, shall be permitted in residential R-1 districts, subject to the developmental requirements and limitations which apply to the residential R-1 or residential R-2 districts, and provided those homes shall meet the following requirements and limitations:

(1)

The dwelling shall meet the appropriate exterior appearance standards as hereinafter set forth in section 137-858.

(2)

The dwelling shall be sited in residential R-1 or R-2 districts.

(3)

The dwelling shall receive all required permits and conform with this chapter, chapter 101, article II, and other regulations of the city.

(c)

Historic districts. Due to the sensitive character of certain areas of the city, the establishment, use, or erection of manufactured homes is not permitted in any area:

(1)

Which is identified as a proposed historic district, as documented in the historic and architectural survey;

(2)

Which is designated as a local, state, or federal historic district; or

(3)

Which may not be a recommended district in the survey, or a designated district, but which may be under consideration for historic district status by the historic review board.

(d)

Location out of residential R-4 districts. This division shall apply only to manufactured housing located outside of approved manufactured home parks, or manufactured home subdivisions.

(e)

Year of manufacture. For the purposes of IC 36-7-4-1106, this division shall apply only to manufactured homes constructed after January 1, 1981.

(Code 1985, § 159.305; Ord. No. 2988, 12-15-1986; Ord. No. 3698, 6-21-1993)

State Law reference— Manufactured home; standards and requirements, IC 36-7-4-1106.

A type I manufactured home shall:

(1)

Contain a minimum of 950 square feet of occupied space and exceed a minimum width of 23 feet;

(2)

Be placed on a solid masonry foundation meeting all the requirements of a conventional single-family home foundation;

(3)

Have wheels, axles, and hitch mechanism removed;

(4)

Meet appropriate utility connection standards in accordance with approved home installation standards and rules of the city utilities;

(5)

Have siding material of type customarily used on site-constructed residences (see section 137-860);

(6)

Have roofing materials of a type customarily used on site-constructed residences (see section 137-860); and

(7)

Be placed onto a permanent exterior perimeter retaining wall, in accordance with section 137-859.

(Code 1985, § 159.306; Ord. No. 2988, 12-15-1986)

Manufactured homes must be set onto an excavated area with footings, foundations, and basement walls constructed in accordance with the terms of the One- and Two-Family Dwelling Code. The space between the floor joists of the home and the excavated underfloor grade shall be completely enclosed with the permanent perimeter retaining wall. The wall shall be composed of solid masonry, which shall extend below the frost line. The design by a registered professional engineer or architect shall safely support those loads, as determined by the character of the soil.

(Code 1985, § 159.307; Ord. No. 2988, 12-15-1986)

(a)

The following siding materials are approved for usage on residential design type I manufactured homes:

(1)

Residential horizontal lap siding.

(2)

Residential horizontal vinyl lap siding.

(3)

Cedar or other wood siding.

(4)

Stucco siding.

(5)

Brick or stone siding.

(b)

The following roofing materials are approved for usage on residential design type I manufactured homes:

(1)

Asbestos shingles on a roof pitched according to the design specifications of the shingles.

(2)

Fiberglass shingles on a roof pitched according to the design specifications of the shingles.

(3)

Shake shingles on a roof pitched according to the design specifications of the shingles.

(4)

Asphalt shingles on a roof pitched according to the design specifications of the shingles.

(5)

Tile materials on a roof pitched according to the design specifications of the materials.

(Code 1985, § 159.308; Ord. No. 2988, 12-15-1986)

The commercial storage and distribution of chemicals, materials, uses, and storage methods identified in section 137-872 shall be prohibited within the one-year time of travel for public wellfields. Maps of the one-year and five-year time of travel shall be as adopted by the city in accordance with the Safe Drinking Water Act and the Indiana Wellhead Protection Rule (327 IAC 8-4.1) which mandates the delineation of maps that identifies the time of travel and a wellhead protection program for each well or wellfield providing groundwater to a community public water system.

(Ord. No. 5932, § 1, 5-5-2025)

The commercial storage and distribution of chemicals, materials, uses, and storage methods identified in section 137-872 may be conditionally approved by the board of zoning appeals and the common council outside of the one-year time of travel but within the five-year time of travel for public wellfields. Maps of the one-year and five-year time of travel shall be as adopted by the city in accordance with the Safe Drinking Water Act and the Indiana Wellhead Protection Rule (327 IAC 8-4.1) which mandates the delineation of maps that identifies the time of travel and a wellhead protection program for each well or wellfield providing groundwater to a community public water system.

(Ord. No. 5932, § 1, 5-5-2025)

(a)

Petroleum or petroleum-based products, including fuels, fuel additives, lubricating oils, motor oils, hydraulic fluids, and other similar petroleum based products;

(b)

Antifreeze, transmission fluids, brake fluids, and coolants;

(c)

Solvents (raw or spent), including cleaning solvents, degreasing solvents, stripping compounds, dry cleaning solvents, painting solvents, and/or hydrocarbon or halogenated hydrocarbon solvents;

(d)

Inks, printing and photocopying chemicals, and waste rags used for solvent-based cleaning;

(e)

Organic pigments;

(f)

Liquid storage batteries;

(g)

Non-aerosol, non-latex based paints, primers, thinners, dyes, stains, wood preservatives, varnishing and cleaning compounds, paint sludges, and paint filters;

(h)

Corrosion and rust prevention solutions;

(i)

Industrial and commercial cleaning supplies, including drain cleaners;

(j)

Sanitizers, disinfectants, bactericides, and algaecides;

(k)

Pesticides, herbicides, and fertilizers;

(l)

Acids and bases with a pH less than or equal to two or greater than or equal to 12.5;

(m)

Aqueous metals;

(n)

Road salt;

(o)

Any other regulated substance in a quantity sufficient to present a reasonable likelihood that it has or is likely to damage groundwater or surface water, and stored, transferred or used in a manner either not in compliance with applicable federal, state or local requirements; or in a manner which represents an unreasonable risk of release to the soil, groundwater or surface water;

(p)

A drum storage area;

(q)

Waste pile, including one consisting of contaminated soil awaiting removal;

(r)

Waste or material surface impoundment that contains waste containing free liquids or other material susceptible to ground infiltration;

(s)

Rail or truck-loading or transfer area;

(t)

Auto salvage facility;

(u)

An outdoor storage or disposal area with material susceptible to ground infiltration when exposed to precipitation.

(Ord. No. 5932, § 1, 5-5-2025)

Underground storage tanks (UST) shall be prohibited within the one-year time of travel for public wellfields. Underground storage tanks shall include any one or combination of tanks (including underground pipes connected thereto) that is used to contain an accumulation of petroleum, or any other product containing concentrations of drinking water contaminants as tracked and regulated by the Indiana Department of Environmental Management, and the volume of which (including the volume of underground pipes connected thereto) is ten percent or more beneath the surface of the ground. For the purposes of this section this shall not include:

(1)

Farm or residential tanks of 185 gallons or less capacity used for storing fuel for noncommercial purposes;

(2)

Tank used for storing heating oil for consumptive use on the premises where stored;

(3)

Septic tank; as regulated, approved, and permitted by the St. Joseph County, Indiana, Board of Health;

(4)

Pipeline facility (including gathering lines) regulated under:

1.

The Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1671 et seq.);

2.

The Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2001 et seq.); or

3.

Which is an intrastate pipeline facility regulated under state laws comparable to the provisions of the law referred to in divisions (1)(d)1. or (1)(d)2. of this definition;

(5)

Surface impoundment, pit, pond or lagoon;

(6)

Storm water or wastewater collection system as may be approved by the City of Mishawaka Engineering Department as part of a final site plan;

(7)

Storage tank situated in an underground area (such as a basement, cellar, mineworking, drift, water regulations 50 shaft or tunnel) if the storage tank is situated upon or above the surface of the floor;

(8)

Property that has established C-10 zoning on the effective date of the division 8, Wellhead Protection Land Use Restrictions. This shall specifically not include C-10 uses identified by reference within a planned unit development zoning classification. C-10 zoned property established after the effective date shall comply with all division 8, Wellhead Protection Land Use Restrictions.

(Ord. No. 5932, § 1, 5-5-2025)

The Wellhead Protection Land Use Restrictions identified herein shall be deemed as additional requirements to minimum legal requirements identified by zoning districts or other local codes and ordinances, also including other governmental entities. In case of conflicting requirements, the most restrictive shall apply.

(Ord. No. 5932, § 1, 5-5-2025)