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New Whiteland City Zoning Code

RESIDENTIAL DISTRICTS

§ 156.185 RESTRICTIONS FOR PERMITTED USES.

   (A)   The permitted uses of property in all residential districts are the same. Variations among RS1, RS2 and RS3 are in the property development regulations as shown in Table 156.172. See § 156.170 of this chapter, official Schedule of Uses, for a complete listing of permitted uses in these districts.
   (B)   The following additional requirements shall apply in all residential districts.
      (1)   Attached single-family dwelling (zero lot lines). An ATTACHED, SINGLE-FAMILY DWELLING shall be defined as a dwelling structure designed and intended for multiple-family occupancy with the provision, unlike rental apartments or condominiums, for private fee simple ownership of each individual dwelling and lot. Attached, single-family dwellings may provide for two or more dwelling units per attached structure, up to a maximum of eight units per attached dwelling structure.
         (a)   Intent.
            1.   It is the intent of this section to provide for the construction of attached, single-family dwellings and to clarify the distinction between such units and apartments or condominiums. The structure itself may be the same as a conventional two-family or multiple-family structure. The difference is in the extent of ownership and method of maintenance.
            2.   A conventional apartment building has a single owner (individual or corporate) with the individual dwelling units leased or rented to tenants. Building and grounds maintenance normally would be the responsibility of the property owner.
            3.   Condominiums, on the other hand, have individual owners for each dwelling unit, with the surrounding common grounds owned and maintained by a condominium association. In other words, the property owner normally owns only the dwelling unit in which he or she resides.
            4.   Attached, single-family dwellings are similar to apartments and condominiums, yet unique in that the property owner owns both the dwelling and the accompanying lot. Attached, single-family dwellings are single-family dwellings with zero lot lines and common walls (with other single-family dwellings) on three or less sides.
         (b)   Permitted zoning districts. Attached, single-family dwellings shall be permitted in the RF Zoning District and by special exception in RS1, RS2 or RS3 single-family zoning districts.
      (2)   Manufactured housing Type I.
         (a)   General. It is the intent of this chapter to encourage the provision of alternative modest income housing in certain residential areas by permitting the use of Type I manufactured homes. To assure similarity in exterior appearance between manufactured houses and homes constructed on-site, only Type I manufactured houses, as defined in § 156.410(A) of this chapter, will be a permitted use in general residential areas.
         (b)   Permitted placement. The establishment, location and use of Type I manufactured homes as permanent residences approved individually, by specific materials, or by design, shall be permitted in any zoning district permitting installation of a dwelling unit subject to requirements and limitations applying generally to such residential use in the district; and, provided, such homes shall meet the requirements for Type I manufactured homes as set out in §§ 156.215 through 156.218 of this chapter. Other types of manufactured homes including mobile homes shall be a permitted use only in the MH District.
(2004 Code, § 6-301)

§ 156.186 RESIDENTIAL PROPERTY DEVELOPMENT REGULATIONS.

   (A)   Minimum lot areas.
      (1)   Any plat of a subdivision consisting of five lots or more for plat approval in accordance with Ch. 155 of this code of ordinances subsequent to the effective date this chapter, may reduce said minimum lot area of 20% of the total number of lots within said plat, to the extent of 20% below such square feet requirements; provided, the average size of all lots within said approved plat shall then be at least equal to the minimum lot area requirements for the district involved.
      (2)   When not serviced by a public sanitary sewer system, the minimum lot area for a single-family dwelling shall be increased to a minimum of one acre. The Plan Commission shall require approval of the private system to be used from the county’s Health Department.
   (B)   Minimum lot width and street frontage.
      (1)   Any plat of a subdivision consisting of five lots or more submitted for plat approval in accordance with Ch. 155 of this code of ordinances, subsequent to the effective date of this chapter, may reduce said minimum width of 20% of the total number of lots within said plats, to the extent of 10% below such 80-, 75- and 60-foot requirements.
      (2)   Each lot shall have as a minimum the front footage shown on a public street and shall gain access from said street.
(2004 Code, § 6-302)

§ 156.187 GARAGE SALES.

   (A)   Limitation on number and duration of garage sales.
      (1)   No more than one garage sale each month shall be held at the same location. Garage sales shall not be held in the same location in consecutive weeks.
      (2)   No single garage sale shall continue for more than four consecutive days.
      (3)   Garage sales shall not being prior to 7:00 am. or continue past 7:00 p.m.
   (B)   Restrictions on garage sales. It shall be unlawful to hold a garage sale:
      (1)   Within the travel portion of any street or alley, or upon any median thereof, while such street or alley is open to vehicular traffic; or
      (2)   Upon any public sidewalk or right-of-way in such a manner as to impede the flow of pedestrian traffic.
   (C)   Regulations related to signage. If a garage sale is advertised by the use of signs, the number, size, location, and duration of such signs shall comply with the applicable provisions of §§ 156.335 through 156.341. All signs advertising a garage sale must include the address of the garage sale and the dates of the sale.
(Ord. 2019-12, passed 10-15-2019)