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Muncie City Zoning Code

DIVISION 10

R-5 RESIDENCE ZONE

Sec. 150.95.- Permitted uses.

(A)

Permitted uses. No building, structure, or land shall be used or occupied and no building or structure shall hereafter be erected, constructed, reconstructed, moved, expanded, or enlarged except for the following uses:

(1)

Single unit dwellings as regulated in §§ 150.96 through 150.99.

(2)

Two-unit development through, and including, 24-unit development as regulated in §§ 150.96 through 150.99 and, where applicable, subject to the approval of the Administrative Building Council.

(3)

Buildings or structures owned, leased, or used by a municipal, township, county, state, or federal government, provided said buildings or structures meet the provisions of § 150.18 and the provisions of §§ 150.96 through 150.99.

(4)

Public schools, colleges, and universities, and private academic schools, all subject to the provisions of § 150.18 and the provisions of §§ 150.96 through 150.99.

(5)

Nursery schools and child care centers subject to the provisions of § 150.226 (C) and provided all buildings or structures placed thereon shall meet the provisions of §§ 150.96 through 150.99.

(6)

Buildings or structures used for religious assembly subject to the provisions of § 150.17 and the provisions of §§ 150.96 through 150.99.

(7)

Signs and outdoor advertising as regulated in § 150.212.

(8)

Temporary buildings used during construction, and including storage of building materials and equipment, for a period not to exceed the duration of such construction.

(9)

Accessory uses and structures as regulated in § 150.23.

(B)

Special uses subject to approval by the board of zoning appeals. The following uses shall be allowed when approved by the Delaware-Muncie Metropolitan Board of Zoning Appeals under the established procedures in § 150.216 and subject to the provisions herein specified:

(1)

Multi-unit developments of 25, or more, units subject to the performance standards contained in § 150.227. All uses and buildings or structures placed thereon shall meet the provisions of §§ 150.96 through 150.99.

(2)

Group housing subject to the performance standards contained in § 150.225. All uses and buildings or structures placed thereon shall meet the provisions of §§ 150.96 through 150.99.

(3)

Charitable institutions provided buildings or structures placed thereon meet the provisions of § 150.17 and the provisions of §§ 150.96 through 150.99.

(4)

Hospitals provided that the premises upon which they are built shall be a minimum ten acres in area, and all uses and buildings or structures placed thereon shall be at least 100 feet from any side and rear property line and shall meet the provisions of §§ 150.97(A) and 150.98.

(5)

Cemeteries provided the site for a cemetery is a minimum of ten acres in area, and all buildings placed thereon shall be at least 100 feet from any side and rear properly line and shall meet the provisions of §§ 150.97(A) and 150.98.

(6)

Home occupations subject to the performance standards contained in § 150.222, and provided all uses and buildings or structures placed thereon shall meet the provisions of §§ 150.96 through 150.99.

(7)

Planned Unit Development (PUD) subject to the performance standards contained in § 150.220. All uses and buildings or structures placed thereon shall meet the provisions of §§ 150.97(A) and 150.98.

(8)

Nursing homes. All buildings placed thereon shall be at least 100 feet from any side and rear property line and shall meet the provisions of §§ 150.97(A) and 150.98.

(Code 1968, § 130.110; amend. Ord. No. 67-83, 9-12-83)

Sec. 150.96. - Lot width, frontage, and area.

(A)

Single and 2-unit residential lots. The width and street frontage of a single and 2-unit residential lots shall be a minimum of 50 feet at the building line and there shall be a minimum 6,500 square feet in area, exclusive of rights-of-way. Whenever public sewer or water facilities are not available and no unit sanitary sewer is available, the board of health requirements for lot area shall prevail, but shall not be less than 6,500 square feet in area, exclusive of right-of-ways. The lot area shall be used to determine the amount of lot coverage allowed in accordance with § 150.12.

(B)

Multiple unit, of three or more, residential lots. The width and street frontage of multiple unit residential lots shall be a minimum of 100 feet at the building line and there shall be a minimum of 9,000 square feet in area, exclusive of rights-of-way. Whenever public sewer or water facilities are not available and no unit sanitary sewer is available, the board of health requirements for lot area shall prevail, but shall not be less than 9,000 square feet in area, exclusive of rights-of-way. The lot area shall be used to determine the amount of lot coverage allowed in accordance with § 150.12. Of the open space provided by the lot coverage requirement, 100 square feet per unit shall be set aside for open recreational or landscaped area and not used for off-street parking purposes.

(C)

Non-residential lots. Non-residential lots shall meet the provisions of § 150.96(A) herein.

(Code 1968, § 130.111; amend. Ord. No. 67-83, 9-12-83)

Sec. 150.97. - Yard requirements.

(A)

Front yard setback-all lots. There shall be a front yard setback of a minimum of 20 feet in depth measured from the right-of-way line to the front wall of the building.

(Code 1968, § 130.112)

(B)

Side yard setback-interior lots.

(1)

Single unit residential lots, There shall be two side yard setbacks of an interior lot, each being a minimum five feet in width measured at right angles to the side property line.

(2)

Two unit and multiple unit residential lots. For residences of more than one unit, there shall be two side yard setbacks of an interior lot, each being a minimum five feet in depth, plus an additional two feet per side for each unit above one unit up to a maximum of 25 feet per side yard.

(3)

Non-residential lots. Non-residential lots shall meet the provisions of § 150.97(B)(1) herein.

(C)

Side yard setback-corner lots.

(1)

Single unit residential lots. There shall be two side yard setbacks of a corner lot. The side yard adjoining the street shall be a minimum of 20 feet in depth measured from the right-of-way line to the side wall of the building. The side yard adjoining the adjacent property shall be a minimum of five feet in width measured at right angles to the side property line.

(2)

Two unit and multiple unit residential lots. For residences of more than one unit, there shall be two side yard setbacks of a corner lot. The side yard adjoining the street shall be a minimum of 20 feet in depth measured from the right-of-way line to the side wall of the building. The side yard adjoining the adjacent property shall be a minimum of five feet, plus an additional two feet for each unit above one unit, up to a maximum of 25 feet.

(3)

Non-residential lots. Non-residential lots shall meet the provisions of § 150.97(C)(1) herein.

(D)

Rear yard setback-all lots. There shall be a rear yard setback of a minimum 20 feet in depth measured from the rear property line to the rear wall of the building.

(Code 1968, § 130.114)

(Ord. No. 67-83, 9-12-83)

Sec. 150.98. - Height.

No single unit residential building or structure shall exceed 30 feet in height. For 2-unit, multiple unit, and nonresidential structures, no building or structure shall exceed 45 feet in height.

(Code 1968, § 130.115; amend. Ord. No. 67-83, 9-12-83)

Sec. 150.99. - Minimum floor area and building width.

The minimum floor area of any single unit dwelling shall be not less than 720 square feet exclusive of garages, carports, open porches, or breezeways. The minimum floor area of any 2-unit dwelling shall be not less than 600 square feet per dwelling unit. The minimum floor area of any multiple unit dwelling shall be not less than 400 square feet per dwelling unit. For single unit, 2-unit, and multiple unit dwellings, the dimensions of the dwelling shall be not less than 24 feet in width nor less than 24 feet in depth.

(Code 1968, § 130.116; amend. Ord. No. 67-83, 9-12-83)