This chapter shall be known as the comprehensive zoning code.

(Code 1968, § 130.01)

The purpose of this chapter is to encourage units of government to improve the health, safety, convenience, and welfare of their citizens and to plan for the future development of their community to that end.

(Code 1968, § 130.02; Ord. No. 934-82, 2-7-83)

The authority for the adoption of this chapter rests upon ic 36-7-4, and all amendments thereto.

(Code 1968, § 130.03)

The provisions of this chapter shall apply to all the territory within the corporate limits of the city.

(Code 1968, § 130.04)

(A)

General. The provisions of this chapter shall be minimum requirements. This chapter is not intended to abrogate any law, easement, covenant, or private agreement. Whenever the regulations provided in this chapter impose greater restrictions on the character of the use of buildings or lands than are imposed under any other law of this state, then the regulations established by virtue of this chapter shall prevail only if they assure the promotion of public health, safety, convenience and welfare of the citizens.

(B)

Historic buildings and districts. Where preservation of existing conditions or restoration to original conditions consistent with the intent of an historic restoration project would constitute violations of the provisions of this chapter: a building on the National Register of Historic Places, a building within an established Historic District of the city, or other declared landmark of the state shall be exempt from such requirements that conflict with historic accuracy (refer to Article XI, Section 2 [section 150.180 et seq.].

(Code 1968, § 130.05; Ord. No. 934-82, 2-7-83)

Any and all ordinances passed by the common council of the city, under the provisions of IC 36-7-4 previous to the enactment of this chapter, are repealed.

(Code 1968, § 130.07)

(A)

Building permits. Where a building permit for a building or structure has been issued in accordance with existing laws prior to the enactment of this chapter, the building or structure may be completed according to the approved plans upon which the building permit was issued, provided construction is begun within 90 days after the enactment of this chapter and diligently pursued to completion. The building or structure may, upon completion, be occupied under a certificate of occupancy by the use for which it was originally designated.

(B)

Variances, exceptions, special uses. Where the board of zoning appeals has granted a variance, exception, or special use prior to the enactment of this chapter, the permitted variance, exception, or special use shall be implemented within 90 days from the granting thereof and pursued diligently to completion; otherwise, the granting of the variance, exception, or special use is automatically revoked.

(Code 1968, § 130.08)

(A)

Use. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, expanded or enlarged except in conformity with all the provisions of this chapter and after the necessary permits have been obtained.

(B)

Height. No building or structure shall be erected or constructed, nor shall any existing building or structure be reconstructed, moved, expanded, or enlarged so as to exceed the height limitations established in this chapter.

(C)

Lot coverage. No building or structure or its accessory uses shall be erected or constructed, nor shall any existing building or structure and its accessory uses be reconstructed, moved, expanded, or enlarged so as to occupy a greater percentage of a lot than the limits established in this chapter.

(D)

Open space. No yard or open space or off-street parking or loading space provided about a building or structure for the purpose of complying with the provisions of this chapter shall be considered as providing yard, open space, or off-street parking or loading space for any other building or structure. No yard or lot existing at the time of the enactment of this chapter shall be reduced in dimension or area below the minimum standards provided in this chapter. Yards or lots created after the enactment of this chapter shall meet all requirements established herein.

(Code 1968, § 130.10; Ord. No. 934-82, 2-7-83)

Any building, structure, or use which was not lawful prior to November 5, 1973, and which is still in violation of the provisions of this chapter, shall be considered to be a nonconforming building, structure or use under the terms of this chapter. Any building, structure, or use which became not lawful after November 5, 1973, and which is still in violation of the provisions of this chapter, shall be considered unlawful.

(Code 1968, § 130.11; Ord. No. 934-82, 2-7-83)

No single-family, two-family, or multiple-family dwelling, together with accessory buildings or structures, shall occupy more than the following percentages of the total area of the lots, exclusive of rights-of-way:

R-1 and R-2 residence zones—35 percent lot coverage.

R-3 and R-4 residence zones—40 percent lot coverage.

R-5 residence zone—50 percent lot coverage.

(Code 1968, § 130.12; Ord. No. 934-82, 2-7-83)

When an official plan for the major and secondary highways in the city shall have been adopted by the common council of the city, then all setbacks for buildings and structures shall be measured from the proposed right-of-way lines as expressed in the plan. For the purpose of this chapter the right-of-way of any street shall be deemed to be 50 feet unless a larger right-of-way is required on the official thoroughfare plan for the city, in which case the larger right-of-way shall control.

(Code 1968, § 130.13; Ord. No. 934-82, 2-7-83)

(A)

Permanent placement. The establishment, location, and use of manufactured homes as scattered-site residences shall be permitted in any zone permitting installation of a dwelling unit, subject to the requirements and limitations applying generally to such residential use in the appropriate zone, and provided such homes shall meet the following requirements and limitations.

(1)

The home shall meet all requirements applicable to single-family dwellings and possess all necessary improvement location, building and occupancy permits and other certifications as required by this chapter.

(2)

The home shall meet the minimum square footage requirements for the appropriate zone.

(3)

The home shall be attached and anchored to a permanent foundation in conformance with the regulations in the Indiana One and Two Family Dwelling Code and with manufacturer's installation specifications.

(4)

The terms of this division (A) shall apply to the placement of manufactured housing located outside mobile home parks only.

(5)

The exterior siding material on the home shall extend below the top of the foundation by at least one inch.

(6)

The home shall have been constructed after January 1, 1981.

(B)

Temporary placement.

(1)

Permitted placement. The placement of manufactured homes built prior to January 1, 1981, and mobile homes shall be permitted within the corporate limits of the City of Muncie, and outside of mobile home parks, on a temporary basis in the following circumstances:

(a)

For use of a manufactured home or mobile home as a caretaker's quarters or a construction office at a job site.

(b)

For use of a manufactured home or mobile home as a temporary residence, located on the building lot, during the course of construction of a site-built dwelling and when the board of zoning appeals has approved the temporary placement by granting a variance to the owner or contract buyer who is in the process of constructing said site-built dwelling after obtaining a building permit for same.

(c)

For use of a manufactured home or mobile home as a temporary residence, located adjacent to an existing residence, when the board of zoning appeals has approved the temporary placement by granting a variance to the owner or contract buyer whose own health or the health of another necessitates care and where the facts show that an unnecessary hardship would occur if not permitted to locate a temporary residence adjacent to the residence of one who is able to provide such care or is in need of such care.

(2)

Provisions regulating permitted placement. A temporary use permit shall be obtained prior to placement of a manufactured home or mobile home for temporary use as herein defined. For use of a manufactured home or a mobile home as a temporary residence, placement shall be additionally subject to:

(a)

Applicable health provisions for sanitary facilities;

(b)

Providing an adequate ground anchor; and

(c)

Setback provisions as stated in the appropriate zone.

(3)

Time limitations for temporary placement. A temporary use permit may be issued for a period not to exceed one year. A variance, when granted under the circumstances herein described, shall not exceed one year. A variance may be renewed, at the discretion of the board of zoning appeals, for additional one-year periods by requesting such an extension through the established procedures for filing an appeal except that the normal filing fee shall be waived in cases of medical hardship as herein defined.

(Code 1968, § 130.14; amend. Ord. No. 934-82, 2-7-83)

The provisions of this chapter shall not be construed to limit or interfere with the construction, installation, and maintenance of public utility transmission facilities.

(Code 1968, § 130.15; amend. Ord. No. 934-82, 2-7-83)

Where a building is located on property acquired for public use by condemnation, purchase, or otherwise, that building or structure may be relocated on the same lot or premises although the area provisions of this chapter cannot be reasonably complied with. Furthermore, where a part of that building or structure is acquired for public use, the remainder of that building or structure may be repaired, reconstructed, or remodeled.

(Code 1968, § 130.16; amend. Ord. No. 934-82, 2-7-83)

Nothing in this chapter shall be construed to exclude churches from any zone herein established, provided that any church building shall meet the yard, parking, height, and all other requirements contained in this chapter. No church building shall be located closer to an adjacent owner's property line, where said adjacent property is in a residence zone, than the following distances:

R-1 Residence Zone—100 feet.

R-2 Residence Zone—50 feet.

R-3 Residence Zone—25 feet.

R-4 Residence Zone—25 feet.

R-5 Residence Zone-25 feet.

(Code 1968, § 130.17; amend. Ord. No. 934-82, 2-7-83)

Nothing in this chapter shall be construed to exclude buildings owned, leased, or used by a municipal, county, township, state, or federal government from any zone established in this chapter; however, all the buildings shall meet the yard, parking, and height provisions of this chapter and no building shall be closer to an adjacent owner's property line, where the adjacent property is in a residence zone than the following distances:

R-1 Residence Zone—100 feet.

R-2 Residence Zone—50 feet.

R-3 Residence Zone—25 feet.

R-4 Residence Zone—25 feet.

R-5 Residence Zone—25 feet.

(Code 1968, § 130.18; amend. Ord. No. 934-82, 2-7-83)

No tent shall be erected, used, or maintained for living quarters in any zone. For the purpose of this chapter the term "TENT" shall mean a collapsible shelter of canvas or other material stretched and sustained by poles and used for outdoor camping.

(Code 1968, § 130.20; amend. Ord. No. 934-82, 2-7-83)

On a corner lot in any residential zone, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to impede vision between a height of three feet and ten feet above the center line grades of the intersecting streets in the area bounded by the right-of-way lines of such intersecting streets and a line adjoining points along said intersecting right-of-way lines 50 feet from the point of intersection of said right-of-way lines. For commercial developments, see section 150.214.5.

(Code 1968, § 130.19; amend. Ord. No. 934-82, 2-7-83; Ord. No. 40-22, § 1, 12-5-22)

(A)

A fence, screen, or wall not more than eight feet in height, or a hedge of thick growth of shrubs or trees maintained so as not to exceed eight feet in height may be located in any side or rear yard in any zone, provided they shall not extend beyond the front wall of the building or, in the absence of a building, beyond the average setback of the buildings on the adjacent lots.

(B)

Fences, screens, walls, shrubs, and trees extending beyond the front wall of the building shall not exceed 42 inches in height and, when located in the year along the street sides of a corner lot, must comply with § 150.20. Trees, shrubs, flowers, and plants are not covered by this provision provided they do not produce a hedge effect.

(C)

This provision shall not be interpreted to prohibit the erection of an open mesh type fence enclosing a farm, school, or playground site.

(D)

The IL Limited Industrial, II Intense Industrial, and AD Airport Development Zones are exempt from the above provisions in that the above provisions shall not be interpreted to prohibit the erection of a fence, screen, wall, shrub, or trees not to exceed eight feet in height.

(Code 1968, § 130.21; amend. Ord. No. 934-82, 2-7-83)

No lot or parcel of land shall be divided into two or more lots or parcels of land unless all lots or parcels of land resulting from the division shall conform with the provisions of this chapter. Any division of a lot or parcel of land which shall result in violation of this section shall make the buildings or structures on the lot or parcel of land unlawful.

(Code 1968, § 130.23; amend. Ord. No. 934-82, 2-7-83)

(A)

Definition.

(1)

General definition. Accessory uses/structures shall be permitted in all zones in accordance with the provisions of this section. Accessory uses/structures:

(a)

Shall be incidental and commonly associated with the operation of the principal use of the lot.

(b)

Shall be operated and maintained under the same ownership and on the same lot as the principal use.

(c)

Shall, in residence zones, be clearly subordinate in height, area, and bulk to the principal use served.

(d)

Shall not be located closer to any lot line that the minimum setback line required, unless specified otherwise in this chapter.

(e)

Shall not be permitted, in residence zones, prior to the erection and operation of the principal use.

Such appurtenant features as walks, driveways, curbs, drainage installations, mailboxes, lamp posts, bird baths, fences, walls, uncovered patios, outdoor fireplaces, dog houses, tree houses, playground apparatus, waterfalls, or permanent landscaping shall be considered incidental uses/structures and not as accessory uses/structures subject to the provisions herein.

(2)

Types of accessory uses/structures.

(a)

Such buildings or structures as garages, carports, canopies, portecocheres, bathhouses, cabanas, gazebos, storage buildings, greenhouses, guard houses, video-satellite disks, fallout shelters, and similar accessory buildings or structures.

(b)

Signs, as regulated in § 150.27 of this chapter.

(c)

Swimming pools in residence zones may be installed only as accessory to a dwelling for the private uses of the owners and occupants of such dwelling and their families and guests, or as accessory to a nursery school or day camp for children, and only on the conditions as follows.

1.

Such pool shall be installed in the rear yard of the premises.

2.

There shall be erected and maintained at minimum a good quality fence not less than five feet in height enclosing the entire portion of the premises upon which such pool shall be installed and entirely surrounding the area in which such pool is located.

3.

Every gate or other opening in the fence enclosing such pool, except an opening through the dwelling or other main building of the premises, shall be kept securely closed and locked at all times when the owner or occupant of the premises is not present at such pool.

(d)

Amateur radio sending and receiving antennae, provided the height thereof including masts shall not exceed 75 feet measured from the finished lot grade at the base of the tower.

(e)

Management office in multi-family dwelling complex and other structures providing services normally associated with tenants' convenience.

(f)

Rummage sales as defined in this chapter.

(Ord. No. 40-85, 4-7-86)

(B)

Height; setbacks. In any residence zone, an accessory building shall not exceed 17 feet in height and, when located in the rear yard, shall not be closer than three feet to the side and rear lot lines. In non-residence zones, an accessory building shall not exceed the height provisions as established in the appropriate zone and, when located in the rear yard, shall not be closer than three feet to the side and rear lot lines.

(C)

On corner lot. Accessory buildings located on the street side of a corner lot shall be setback a minimum the same distance as that required for the main building. If the main building setback is less than the required setback, then the accessory building shall be setback a minimum the average of the main building setback and the setback of the main building on the adjacent property (or the required setback of the adjacent property, whichever is the least).

(D)

On side yard. For an interior lot, an attached accessory building, or garage located on the side yard of a dwelling, shall be considered a part of the dwelling and not an accessory building and shall comply with the provisions of this chapter.

(Ord. No. 934-82, 2-7-83)

(A)

General. Within the zones established in this chapter there exist nonconforming uses and structures which may continue in accordance with the following provisions.

(B)

Lots. In any zone permitting only single-family dwellings, a single-family dwelling shall be permitted on a lot which does not comply with the width and area requirements of this chapter provided the lot was of record at the time of the enactment of this chapter; and provided further that, adjustments in yards are in accordance with the provisions of this chapter. If two or more lots or parts of lots are in single ownership and enjoy continuous frontage at the time of the enactment of this chapter, and if all or part of the lots do not meet the width and area standards contained in this chapter, the lands involved shall be considered to be an undivided parcel. No portion of the parcel shall be used in a manner which may reduce compliance with the provisions of this chapter.

(C)

Uses of land. A nonconforming use of land shall not be enlarged, expanded, nor extended to occupy a larger area of land than was occupied at the time of the enactment of this chapter. A nonconforming use may be extended throughout any part of an existing structure which was arranged for such use prior to the enactment of this chapter. The use shall not be moved in whole or in part to another location on the lot or parcel of land other than that occupied by the use at the time of the enactment of this chapter. If any such use ceases for a period of more than one year, (except when government action or legal proceeding impede access to the premises, as determined by the board of zoning appeals) any subsequent use of the land shall conform with the provisions of this chapter unless 66 percent or more of the surrounding uses of land within a 660-foot radius are also nonconforming uses of the same restriction as the subsequent use, thereupon, the proponent of the subsequent use shall apply for a certificate of nonconformity under the established procedures and additionally provide signed affidavits affirming the existence of surrounding nonconforming uses, as herein defined, of the same restriction.

(D)

Structures. A nonconforming structure shall not be moved in whole or in part to another location on the lot or parcel of land unless the relocation would bring the structure into conformance with the provisions of this chapter. If a nonconforming structure is made to conform, any future expansion or enlargement of said structure shall be in conformance with the provisions of this chapter. A nonconforming structure may be expanded or enlarged provided such expansion or enlargement would not further encroach upon the nonconforming characteristic of the structure.

(E)

Substitution. A nonconforming use may be changed to another nonconforming use of the same or greater restriction provided the change does not cause further violation of the performance standards of this chapter.

(Code 1968, § 130.26; amend. Ord. No. 934-82, 2-7-83)

Nothing in this chapter shall prevent the repair of a nonconforming structure. Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means, it may be reconstructed provided it does not further encroach upon the nonconforming characteristics of the structure. Nothing shall prevent the repair of a structure containing a nonconforming use and, where the structure is destroyed by any means, the resumption of said use shall be subject to the provisions of § 150.24(C).

(Code 1968, § 130.27; amend. Ord. No. 934-82, 2-7-83)

(A)

A certificate of nonconformity shall transfer with ownership of property and shall be considered proof of a legal nonconforming use with said use being subject to the applicable provisions of § 150.24. Upon written request by the Administrative Zoning Officer or by his own volition, the owner of a property shall present documentary evidence to the Officer that a building or use owned by him qualifies as a legal nonconforming use. Such evidence shall be presented in conjunction with an application for a certificate of nonconformity, if needed. Such evidence shall document the preceding five years from the date of submission for said certificate and may include retail merchant certificates (for commercial and industrial uses), vouchers related to material purchased for construction, written testimony of adjoining property owners (past/present), photographs, photostatic copies of deeds or rulings made on property, rent receipts, and the like.

(B)

Upon submission of such evidence, the Administrative Zoning Officer may perform an inspection of the premises on a date and time agreeable to the owner. No inspection shall be attempted unless and until an agreement is reached with the owner. Following such inspection or submission of the application, the Administrative Zoning Officer shall respond within 30 days by issuing a certificate of nonconformity if he finds that the information given is satisfactory and the premises are, in his opinion, a de facto nonconforming use, or by denying a certificate of nonconformity.

(C)

Appeals from a decision of the Administrative Zoning Officer shall be filed in accordance with the provisions of this chapter as set forth in § 150.234.

(Ord. No. 934-82, 2-7-83)

(A)

The provisions of this chapter shall not be construed to exclude a residential facility for the developmentally disabled which is duly licensed by the community residential facilities council of the state department of mental health, from a residential area solely because such residential facility is a business or because the persons residing in the residential facility are not related, provided that there is, at minimum, a linear distance of 3,000 feet from one such facility to another such facility as measured from the lot lines of the total properties containing the residential facilities.

(B)

The provisions of this section shall not be construed to exclude a residential facility for the mentally ill which is duly licensed by the community residential facilities council of the state department of mental health, from a residential area solely because such residential facility is a business or because the persons residing in the residential facility area are not related, provided that there is, at minimum, a linear distance of 3,000 feet from one such facility to another such facility as measured from the lot lines of the total properties containing the residential facilities.

(C)

A residential facility which is not licensed by the community residential facilities council of the state department of mental health as a residential facility for the developmentally disabled or a residential facility for the mentally ill shall be subject to all of the provisions of this chapter.

(Ord. No. 19-87, 8-3-87)

The establishment of any adult entertainment business shall be prohibited if such business is within 500 feet of two other such businesses or within 500 feet of the property line of any church, school, public building, or public land or the boundary line of any existing residence zone or farming zone. The distance between one adult entertainment business and another adult entertainment business shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior structural wall of each such business. The distance between an adult entertainment business and any church, school, public building, public land, residence zone or farming zone shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the adult entertainment business to the nearest property line of any church, school, public building, or public land or the closest boundary line of any residence zone or farming zone. If any adult entertainment business is part of or included within a building or structure containing multiple commercial uses, only the portion of the building or structure occupied by such adult entertainment business shall be included in determining the closest exterior wall of said establishment. No adult entertainment establishment shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas by display, decorations, sign, show window or other opening from any public way.

(Ord. No. 40-89, 8-7-89)

Cross reference— Definitions, see § 150.240