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Muncie City Zoning Code

DIVISION 11

R-6 RESIDENCE ZONE

Sec. 150.99.1.- Definition.

The R-6 Residence Zone shall be known as a mixed land use zone. A mixed land use zone shall mean the development of one-unit, 2-unit, 3-unit and 4-unit structures in combinations of all four types of structures. There shall be allowance for zero lot line development with the 2-unit, 3-unit and 4-unit structures. In-lots shall refer to those contiguous lots upon which a two-unit, 3-unit or 4-unit structure may be constructed. An out-lot shall refer to those lots upon which a one unit structure may be constructed. In no case shall there by more than one unit per in-lot, or out-lot. The development may include townhouses, cluster garden structures, apartments, and condominiums.

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

Sec. 150.99.2. - 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:

(A)

One-unit, 2-unit, 3-unit and 4-unit structures in combinations of all four types of use as regulated in §§ 150.99.4 through 150.99.21.

(B)

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 §§ 150.99.5, 150.99.6, 150.99.7, 150.99.9, and 150.99.13.

(C)

Buildings or structures used for religious assembly subject to the provisions of § 150.17 and the provisions of §§ 150.99.5, 150.99.6, 150.99.7, 150.99.9, and 150.99.13.

(D)

Public schools, colleges, and universities, and private academic schools, all subject to the provisions of § 150.18 and the provisions of §§ 150.99.5, 150.99.6, 150.99.7, 150.99.9, and 150.99.13.

(E)

Signs and outdoor advertising as regulated in § 150.212.

(F)

Temporary buildings used during construction, and including storage of building materials and equipment, for a period not to exceed the duration of such construction. No storage shall occur in the open on any lot upon which construction has been completed.

(G)

Accessory uses and structures as regulated in § 150.23.

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

Sec. 150.99.3. - 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:

(A)

Nursery schools and child care centers subject to the performance standards contained in § 150.226, and provided all uses and buildings or structures placed thereon shall meet the provisions of §§ 150.99.5, 150.99.6, 150.99.7, 150.99.9 and 150.99.13.

(B)

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 §§ 150.99.5, 150.99.6, 150.99.7, 150.99.9 and 150.99.13.

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

Sec. 150.99.4. - Area.

The area of land shall contain not less than 1-½ acres, exclusive of right-of-ways.

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

Sec. 150.99.5. - Front yard setback-all lots.

There shall be a front yard setback of a minimum of 15 feet in depth measured from the right-of-way line to the front wall of the building.

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

Sec. 150.99.6. - Side yard setback.

(A)

Interior lots. There shall be two side yard setbacks of an interior lot, each being a minimum five feet or ten percent of the width of the lot, whichever is the greater, measured at right angles to the side lot line except where there may be an abutting wall or common wall provided for zero lot line development. When an abutting wall or common wall is provided, no side yard setback shall be required.

(B)

Corner lots. There shall be two side yard setbacks of a corner lot. The side yard adjoining the street shall be a minimum of 25 feet 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 or ten percent of the width of the lot, whichever is the greater, measured at right angles to the side property line except where there may be an abutting wall or common wall provided for zero lot line development. When an abutting wall or common wall is provided, no side yard shall be required.

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

Sec. 150.99.7. - 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.

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

Sec. 150.99.8. - Minimum floor area.

The minimum floor area of any dwelling shall be not less than 720 square feet in area, exclusive of garages, carports, open porches, or breezeways.

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

Sec. 150.99.9. - Height.

No building or structure shall exceed 30 feet in height.

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

Sec. 150.99.10. - Number of units.

The maximum number of units under the same roof shall not exceed 4.

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

Sec. 150.99.11. - Lot area and size.

The depth of any lot shall not be less than 85 feet. The width of any lot shall not be less than 40 feet except where an abutting wall or common wall is provided at both side lot lines for a zero lot line development. When an abutting wall or common wall is provided at both side lot lines, the width of the lot may be the width of the dwelling unit on said lot but shall not be less than 28 feet. Lot width requirements shall denote lot frontage requirements.

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

Sec. 150.99.12. - Density.

(A)

The building density of land coverage consisting of the minimum of 1-½ acres shall be as follows:

Twenty percent one-unit structures

Twenty percent two-unit structures

Thirty percent three-unit structures

Thirty percent four-unit structures

(B)

The building density of land coverage consisting of more than six acres shall be a minimum of ten percent with a maximum of 30 percent of all four types of structures.

(C)

There shall be, at maximum, not more than two structures of like usage adjacent to one another.

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

Sec. 150.99.13. - Lot coverage.

The maximum total of building coverage for each lot shall not exceed 50 percent.

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

Sec. 150.99.14. - Parking.

There shall be provisions for two parking spaces for each dwelling unit to be placed in the rear yard setback area of the dwelling.

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

Sec. 150.99.15. - On-street parking.

There shall be provisions set out for three inset parking spaces every 150 feet for limited parking facilities to be placed in the street right-of-way requirement. Each inset shall be a minimum width of ten feet and a maximum length of 70 feet.

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

Sec. 150.99.16. - Garages.

There shall be a maximum size for any garage being constructed in the development of 24 by 24 feet to be placed in the rear yard setback area.

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

Sec. 150.99.17. - Street width.

The width of any street inside the development shall be a minimum of 22 feet.

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

Sec. 150.99.18. - Alley ways.

The width of any alley shall be a minimum of ten feet with a six feet easement requirement on each side for the purpose of utilities.

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

Sec. 150.99.19. - Sanitary facilities.

No mixed land use development shall be allowed to occur where approved sanitary facilities are not available.

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

Sec. 150.99.20. - Covenants.

There may be covenants, grants, and easements placed on the proposed area involved.

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

Sec. 150.99.21. - Rights-of-way.

Areas proposed for the street right-of-way dedication must be in accordance to the provisions set out by the official thoroughfare plan for the city.

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

Sec. 150.99.22. - Procedure.

When the owner or owners of a tract of land file for rezoning for the purpose of developing a mixed land use with the Delaware-Muncie Metropolitan Plan Commission, said application shall include all of the following items:

(A)

Location and size of area involved.

(B)

Density of land use.

(C)

Location, function, ownership, and manner of maintenance of common open space.

(D)

Use, approximate height, bulk, and location of buildings and other structures.

(E)

Location of sanitary facilities to the project and method of disposing of storm water.

(F)

Relationship of proposed streets to streets in the proximity of the project.

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