These districts are intended to encourage the protection of agricultural land by controlling the indiscriminate development of urban areas. This would include encroachment from commercial and industrial uses and any other type of development which could conflict with the agricultural nature of the land.

a.

AG—Agricultural district.

1.

Description of district—It is the intent of this district to permit the full range of land use activities related to the agricultural industry. Such uses include crop and livestock production, orchards, vineyards, pastures, nurseries, farm residences, barns, sheds, grain bins and all other agriculturally related uses and structures.

2.

Residential developments—Residential uses, limited to single-family structures and being incidental to the agricultural use of the property shall be permitted in this district.

a)

Minimum lot size requirements shall be sixty-six thousand (66,000) square feet (1.5 acres).

b)

A building hereafter erected or structurally altered shall not exceed thirty-five (35) feet or two and one-half (2½) stories in height.

c)

There shall be a front yard setback of not less than forty (40) feet.

d)

There shall be no required side yard setback except as required under "additional requirements" of this section.

e)

There shall be no required rear yard setback except as required under "additional requirements" of this section.

f)

Accessory buildings related to the residential structure shall not be restricted by this ordinance except for the additional requirements of "additional requirements" of this section.

g)

Apartments in AG district—See section 10-65 of this article.

3.

Farm buildings—Farm buildings, outbuildings and all other structures related to the agricultural use of the land shall not be restricted by this ordinance except for the additional requirements of this section and those special exceptions contained in division IV of this ordinance.

4.

Additional requirements:

a)

Residential structures, accessory buildings, outbuildings and all other agriculturally related structures permitted in this district which are located adjacent to property not otherwise zoned as AG shall have a minimum side and rear yard requirement of fifty (50) feet.

b)

A second single-family residential structure, for use by the family of related family members of the principal residential structure's owner(s) shall be permitted subject to application and approval by the board.

b.

S-1—Suburban district.

1.

Description of district—This district provides for residential development to occur in those areas located outside of the corporate limits of Wabash. The intent of this district is to provide for an environment of predominantly low density single-family and two-family development and certain additional uses such as agriculture, parks, open spaces and other uses conducive to the environment of the district.

2.

Residential developments:

a)

Minimum lot size requirements shall be as follows:

b)

A building hereafter erected or structurally altered shall not exceed thirty-five (35) feet or two and one-half (2½) stories in height.

c)

There shall be a front yard setback of not less than forty (40) feet.

d)

There shall be two (2) side yards required, the sum of which shall not be less than twenty percent (20%) of the lot width with a minimum width of ten (10) feet for either yard. On a corner lot, the side yard facing the street shall not be less than forty (40) feet.

e)

There shall be a rear yard provided of not less than twenty-five (25) feet in depth.

f)

Apartments in S-1 district—See subdivision V of this division.

3.

Agricultural uses—Agricultural uses, activities and structures permitted in the AG district shall be permitted in this district pursuant to the following provisions.

a)

Residences, limited to single-family structures and incidental to the agricultural use of the property shall be permitted in accordance with the provisions of section 10-32"a""2".

b)

Farm residential structures, accessory buildings, outbuildings and all other agriculturally related structures shall have a minimum side yard requirement of fifty (50) feet.

c)

Farm buildings shall be permitted in accordance with the provisions of section 10-32"a""3". (Gen. Ord. No. 1, 1995, art. 2, § 1, 4-24-95)

The residential district regulations are intended to govern the location, intensity and method of development of the residential areas of the City of Wabash. The regulations of each district are designed to provide for the protection of existing residential areas and to provide for new residential growth in the community. It is the intent of this ordinance to establish the following residential districts and regulations to implement and be consistent with the design and density objectives of the community. (Gen. Ord. No. 1, 1995, art. 2, § 2, 4-24-95)

a.

Description of district—This district is the most restrictive of the residential districts and includes the low density single-family residential areas of the city and those open areas where similar residential development appears likely to occur. The intent of this district is to provide for an environment of predominantly low density single-family development with certain additional uses such as schools, parks, and other public uses which serve the residents living in the area.

b.

Lot size: Minimum lot size requirements shall be as follows:

c.

Height of building—A building hereafter erected or structurally altered shall not exceed thirty-five (35) feet or two and one-half (2½) stories in height.

d.

Setback requirements:

1.

Front yard—There shall be a front yard setback of not less than thirty (30) feet. See paragraph "d" of section 10-38.

2.

Side yard—There shall be two (2) side yards required, the sum of which shall not be less than twenty percent (20%) of the lot width with a minimum of ten (10) feet for either yard. On a corner lot, the side yard facing the street shall not be less than fifteen (15) feet. See paragraphs "a" and "f" of section 10-38.

3.

Rear yard—There shall be a rear yard provided of not less than twenty (20) feet in depth.

4.

Lot coverage—No building with its accessory building shall be erected or increased in ground area so that more than forty percent (40%) of the area of the lot will be occupied.

5.

Minimum ground floor area—The minimum ground floor area of a residence shall be eight hundred forty (840) square feet. (Gen. Ord. No. 1, 1995, art. 2, § 2.1, 4-24-95)

a.

Description of district—This district consists of certain low- to medium-density residential areas representing a compatible commingling of single-family and two-family dwellings. It includes existing areas of the city and other areas where similar residential development appears likely to occur. The intent of this district is to provide for an environment of low- to medium-density single-family dwellings with related uses and certain public uses which serve the residents living in the district.

b.

Lot size: Minimum lot size requirements shall be as follows:

c.

Height of building—A building hereafter erected or structurally altered shall not exceed thirty-five (35) feet or two and one-half (2½) stories in height.

d.

Setback requirements:

1.

Front yard—There shall be a front yard setback of not less than thirty (30) feet. See paragraph "d" of section 10-38.

2.

Side yard—There shall be two (2) side yards required, the sum of which shall not be less than twenty percent (20%) of the lot width with a minimum width of ten (10) feet for each side yard. On a corner lot, the side yard facing the street shall not be less than fifteen (15) feet. See paragraphs "a" and "f" of section 10-38.

3.

Rear yard—There shall be a rear yard provided of not less than twenty (20) feet in depth.

e.

Lot coverage—No building with its accessory building shall be erected or increased in ground area so that more than fifty percent (50%) of the area of the lot will be occupied.

f.

Minimum ground floor area—The minimum ground floor area of a single-family dwelling shall be eight hundred forty (840) square feet and for a two-family dwelling one thousand (1,000) square feet (five hundred (500) square feet for each unit). (Gen. Ord. No. 1, 1995, art. 2, § 2.2, 4-24-95)

a.

Description of district—This district provides for medium to high density residential areas within the community. The intent of this district is to create a predominantly residential environment for single-family, two-family and low density (less than twelve (12) dwelling units) multifamily residential structures in addition to schools, parks, public facilities and other uses which serve the residents of the district.

b.

Lot size: Minimum lot size requirements in this district shall be as follows:

c.

Height of building—A building hereafter erected or structurally altered shall not exceed thirty-five (35) feet or two and one-half (2½) stories in height.

d.

Setback requirements:

1.

Front yard—There shall be a front yard setback of not less than thirty (30) feet. See paragraph "d" of section 10-38.

2.

Side yard—There shall be two (2) side yards required, the sum of which shall not be less than twenty percent (20%) of the lot width with a minimum width of seven (7) feet for either yard. On a corner lot, the side yard facing the street shall not be less than twenty (20) feet. See paragraphs "a" and "f" of section 10-38.

3.

Rear yard—There shall be a rear yard provided of not less than twenty (20) feet in depth.

e.

Lot coverage—No building with its accessory building shall be erected or increased in ground area so that more than fifty-five percent (55%) of the area of the lot will be occupied.

f.

More than one (1) principal building—In the event that more than one (1) two-family or multifamily building is located on the lot, there shall be a yard provided between buildings of not less than twenty-five (25) feet. (Gen. Ord. No. 1, 1995, art. 2, § 2.3, 4-24-95)

a.

Description of district—This district provides for the highest density (twelve (12) or more dwelling units) residential areas in the community. The intent here is to provide for high density multifamily apartments with related uses and certain public uses which best serve the residents of the district.

b.

Lot size: Minimum lot size requirements in this district shall be as follows:

c.

Height of building—A building hereafter erected or structurally altered shall not exceed thirty-five (35) feet or two and one-half (2½) stories in height.

d.

Setback requirements:

1.

Front yard—There shall be a front yard setback of not less than thirty (30) feet. See paragraph "d" of section 10-38.

2.

Side yard—There shall be two (2) side yards required, the sum of which shall not be less than twenty percent (20%) of the lot width with a minimum width of seven (7) feet for either yard. On a corner lot, the side yard facing the street shall not be less than twenty (20) feet. See paragraphs "a" and "f" of section 10-38.

3.

Rear yard—There shall be a rear yard provided of not less than twenty-five (25) feet in depth.

e.

Lot coverage—No building with its accessory building shall be erected or increased in ground area so that more than sixty-five percent (65%) of the area of the lot will be occupied.

f.

More than one (1) principal building—In the event that more than one (1) two-family or multifamily building is located on the lot, there shall be a yard provided between buildings of not less than twenty-five (25) feet.

g.

Street access—Each lot must be served directly by a street or streets of adequate and appropriate size, function and capacity. (Gen. Ord. No. 1, 1995, art. 2, § 2.4, 4-24-95)

The following general provisions are applicable to all residential uses permitted in the residence districts.

a.

Lot of record—A single-family dwelling may be located on any lot in any district in which single-family dwellings are permitted if the lot was a single parcel in single ownership, or a single parcel separately described or included in a deed or plat which was of record in the office of the county recorder on April 24, 1995, even though the lot does not have the minimum lot width or the minimum lot area specified in the district.

Every building hereafter erected shall be located on a lot which fronts on a street. In no case shall there be more than one (1) single-family building used for residential purposes and its accessory buildings, located on one (1) lot.

b.

Partial use of alley for yard—One-half (½) of an alley abutting the rear or the sides of a lot may be included in the rear yard or side yard required for the principal building.

c.

Accessory buildings and uses—Requirements for accessory buildings and uses shall be as follows:

1.

Accessory buildings are permitted in all districts, but not prior to the erection of the principal building, except for strictly storage purposes directly related to construction of the principal building, and not for human occupancy.

2.

No detached accessory buildings or swimming pools shall be located closer to a side or rear lot line than five (5) feet; nor exceed eighteen (18) feet in height, and shall be located within all the required setbacks.

3.

Accessory uses such as public utility installations, walks, driveways, curbs, retaining walls, mail boxes, fences, lamp posts, bird baths and structures of a like nature are permitted in any required yard, and without the issuance of any permit.

d.

Building lines:

1.

Where twenty-five percent (25%) or more of the lots in a block frontage are occupied by buildings, the average setback of such buildings determines the location of the building line for the block frontage, but the front yard setback dimension need not exceed forty (40) feet in any case.

2.

Building lines established in a recorded subdivision shall establish the setback of buildings in such subdivisions, except when such building lines may be less restrictive than provided in this ordinance.

3.

On through lots, a building line is required on each street.

e.

Tapered yard formula—Where an interior lot fronts on a side street in the rear of a corner lot from which the interior lot may or may not be separated by an alley, an accessory building located on the rear lot line of the corner lot shall set back from the side street as far as the dwelling on said interior lot. For each foot that such accessory building is placed from the rear lot line toward the front lot line of the corner lot, the accessory building may be set four (4) inches closer to the front lot line along the side street, but in no case closer than the building setback line along the side street required by this ordinance.

f.

Side yards—Where sixty percent (60%) or more of the lots in a block frontage are occupied by buildings which provide side yards of less than the minimum required by the ordinance, this average side yard of such buildings shall determine the required side yard; provided, however, no side yard shall be reduced to less than three (3) feet. Where an existing building is deficient in side yards, any addition to such an existing building may maintain the existing side yards.

g.

Vision clearance—In order to provide clear unobstructed vision along public right-of-way, the following requirements shall apply:

1.

Interior lots—No fence or natural plant material exceeding forty-two (42) inches shall be permitted in front yards.

2.

Corner lots—Vision clearance is to be maintained on corner lots. See division VI—Definitions for Vision Clearance on Corner Lots.

3.

These requirements shall not apply to trees having a minimum clearance of ten (10) feet above the ground.

h.

Sanitary sewer/water supply—In the absence of proximity to an approved sanitary sewer system and/or approved public or community water supply system, appropriate permits for sewage treatment and/or water supply shall be obtained from the county health officer.

i.

Off-street parking—Minimum off-street parking space requirements shall be as follows:

1.

Single-family—Two (2) spaces.

2.

Two-family—Two (2) spaces per dwelling unit.

3.

Multifamily—Two (2) spaces per dwelling unit.

4.

All other permitted uses or special exceptions in the residential districts shall provide off-street parking spaces as required in division V, section 10-75.

j.

Manufactured home—A manufactured home as defined at section 10-100 hhhh shall be permitted in any residential district so long as it complies with all other requirements of that district, and has a permanent perimeter enclosure as defined at 10-100 yyyy.

k.

Mobile homes—Mobile homes shall not be permitted on any lot in any of the residential districts except as permitted in mobile home parks or in mobile home subdivisions as set forth in division V, section 10-82.

l.

Single-family conversions—Single-family dwellings may be converted to multifamily dwellings only in the R-3 and R-4 zone districts and must meet the lot size requirements of the respective districts. (Gen. Ord. No. 1, 1995, art. 2, § 2.5, 4-24-95)

The commercial district regulations are intended to govern the location, intensity, and method of development of the business and commercial uses needed to serve the citizens of Wabash and its trade area. The regulations of each district are designed to provide for groupings of business and commercial uses that are compatible in scope of services and method of operations. All business uses are contained in the following commercial district classifications. (Gen. Ord. No. 1, 1995, art. 3, § 3, 4-24-95)

a.

Description of district—The HD district is intended to provide areas for the major retail commercial uses serving the community and at the same time encourage the preservation and maintenance of the district's historical and architectural characteristics. A combination of retail and service commercial, office, professional, financial, governmental and upper floor residential uses shall be permitted. Business uses involving drive-in facilities, outside storage or display area or outside sales areas are not permitted. The provisions of this ordinance are intended to encourage maintenance and continued growth of the central business district as a viable major retail center within the community.

b.

Lot size—There are no minimum lot size requirements for this district.

c.

Height of buildings—No structure or portion thereof shall exceed thirty-five (35) feet.

d.

Setback requirements:

1.

Front yard—There shall be no front yard setback requirement for this district.

2.

Side yard—None required; however, if a side yard is provided, it shall not be less than five (5) feet.

3.

Rear yard—There shall be no rear yard requirement in this district.

e.

Lot coverage—No restrictions.

f.

Residential uses:

1.

Residential uses shall be permitted in this district provided that the residential use is not located on the first or ground floor area of a structure.

2.

Apartments in HD district—See section 10-65 of this article.

g.

Parking requirements—All uses located in the HD district shall be exempt from the off-street parking requirements. (Gen. Ord. No. 1, 1995, art. 3, § 3.1, 4-24-95)

a.

Description of district—The GB district is intended to provide areas to be used for all commercial business uses serving the community.

b.

Lot coverage—Minimum lot coverage requirements in this district shall be three thousand (3,000) square feet.

c.

Height of buildings—No structures or portion thereof shall exceed thirty-five (35) feet.

d.

Setback requirements:

1.

Front yard—All structures shall be set back at least twenty-five (25) feet from the front lot line.

2.

Side yard—Two (2) side yards shall be provided, each not less than seven (7) feet in width. When abutting a single-family residential district, the side yard shall be a minimum of ten (10) feet in width.

3.

Rear yard—There shall be a rear yard of not less than fifteen (15) feet.

e.

Apartments in GB district—See section 10-65 of this article.

f.

Off-street parking requirements for all uses in the GB district shall be in accordance with the applicable regulations set forth in division V, section 10-75. (Gen. Ord. No. 1, 1995, art. 3, § 3.2, 4-24-95)

The following general provisions are applicable to all commercial uses permitted in business districts.

a.

Building lines—Where twenty-five percent (25%) or more of the lots in a block frontage are occupied by buildings, the average setback of such buildings shall determine the location of the building line.

b.

Structure height—Chimneys, cooling towers, elevator bulkheads, fire towers, stacks, tanks, water towers, distribution poles and lines, transmission towers or essential mechanical appurtenances may be erected to any height not prohibited by other laws or ordinances.

c.

Loading and unloading requirements—Loading and unloading requirements for all uses in the HD and GB districts shall be in accordance with the applicable regulations set forth in division V, section 10-76.

d.

Screening—Buildings, yards, and other structures shall be effectively screened from adjacent residential uses in accordance with the provisions of division V, section 10-77.

e.

Signs—Signs and other advertising devices shall be in accordance with the provisions of division V, section 10-78.

f.

Lighting—All lighting shall be shielded and directed away from any adjacent residential uses.

g.

Waste materials—Trash and waste materials shall be stored in metal or other approved containers in accordance with all applicable laws and regulations.

h.

Vision clearance—In order to provide clear unobstructed vision along public rights-of-way, the following requirements shall apply:

1.

Interior lots—No fence or natural plant material exceeding forty-two (42) inches shall be permitted in front yards.

2.

Corner lots—Vision clearance is to be maintained on corner lots. See division VI—Definitions for Vision Clearance on Corner Lots.

3.

These requirements shall not apply to trees having a minimum clearance of ten (10) feet above the ground.

(Gen. Ord. No. 1, 1995, art. 3, § 3.3, 4-24-95; Gen. Ord. No. 10, 2010, § 1, 10-12-2010)

The industrial district regulations are intended to govern the location, intensity and method of development of industrial areas. The regulations are designed to provide for the grouping of industries that are compatible to the community as a whole. The regulations preserve lands for industrial and allied uses and prohibit the intrusion of residential and other incompatible uses into industrial areas. All industrial uses are contained in the following districts. (Gen. Ord. No. 1, 1995, art. 3, § 4, 4-24-95)

a.

Description of district—The LI district is intended to provide lands for the development by industrial firms that have high standards of performance and that can locate in close proximity to residential and business uses. The district regulations are designed to permit the operations of most manufacturing, wholesaling and warehousing activities with adequate protection to adjacent district uses and sufficient control of external effects to protect one industry from another. Some retail uses that service the industrial uses within the industrial area and that do not depend upon direct visits of retail customers will be permitted. No outdoor storage is allowed in this district and all other operations must be in an enclosed building.

b.

Light industrial use—Processing, extraction, repairing, dismantling or fabrication of materials or products, or the storage thereof, where the use involved is conducted entirely within a closed structure and will not produce noise, vibration, air pollution, fire hazard or emission which will disturb or endanger neighboring properties or uses. (Gen. Ord. No. 1, 1995, art. 3, § 4.1, 4-24-95)

a.

Description of district—The HI district is intended to provide lands for the development by industrial firms. The regulations are designed to permit operations in a clear and quiet manner and to protect adjacent district uses and industries within the district. Residential and commercial uses are prohibited in this district to conserve and protect the supply of industrial land for industrial use.

b.

Heavy industrial use—Any processing, extraction, repairing, dismantling or fabrication of materials or products, or the storage thereof, other than a light industrial use. (Gen. Ord. No. 1, 1995, art. 3, § 4.2, 4-24-95)

The following general provisions shall apply to all uses in the industrial districts.

a.

Height of building—The height of buildings shall be determined by district as follows:

1.

LI district—No building shall exceed sixty (60) feet in height.

2.

HI heavy industrial district—No building shall exceed one hundred (100) feet in height.

3.

Chimneys, cooling towers, elevator bulkheads, fire towers, stacks, tanks, water towers, distribution poles and lines, transmission towers or essential mechanical appurtenances may be erected to any height not prohibited by other laws or ordinances.

b.

Setback requirements:

1.

Front yard—There shall be a front yard provided in the LI district of not less than thirty (30) feet and a front yard in the HI district of not less than fifteen (15) feet.

2.

Side yard—There shall be two (2) side yards required in all districts of not less than fifteen (15) feet.

3.

Rear yard—A rear yard shall be required in all districts of not less than fifteen (15) feet. One-half (½) of an alley abutting the rear lot may be included in the rear yard, but such alley space shall not be included for loading or unloading berths.

c.

Minimum distances—There shall be a minimum distance of fifteen (15) feet between all structures.

d.

Buffer requirement—When an HI use or a parking area for all industrial uses abuts or adjoins or is across a street or alley from an area used or zoned for residential purposes, screening shall be provided in accordance with division V, section 10-77.

e.

Parking requirements—Off-street parking shall be provided in conformance with division V, section 10-75.

f.

Loading requirements—Loading and unloading berths shall be provided in conformance with division V, section 10-76.

g.

Signs—Signs and other advertising devices shall be in accordance with the provisions of division V, section 10-78.

h.

Lighting—All lighting shall be shielded and directed away from any adjacent residential uses.

i.

Waste materials:

1.

Trash and waste materials shall be stored in metal or other approved containers in accordance with all applicable laws and regulations.

2.

Trash and waste storage containers that are open to public view or adjacent properties shall be screened from such view in accordance with division V, section 10-77.

j.

The emission of smoke, dust, gas, fumes, odors, noise or vibrations, which is noxious or offensive, in the judgment of the building inspector, beyond the confines of the building is not permitted.(Gen. Ord. No. 1, 1995, art. 3, § 4.3, 4-24-95)

All permit, license, approvals, inspection requirements and performance standards of all State of Indiana and federal agencies, boards and commissions shall, when applicable, apply to all industrial uses. (Gen. Ord. No. 1, 1995, art. 3, § 4.4, 4-24-95)

An application for an improvement location permit for any light or heavy industrial use shall be accompanied by a "certificate of compliance" subscribed by a professional engineer of the State of Indiana, certifying that the use intended will satisfy the performance standards of the heavy industrial use or light industrial use, as the case may be, and in the district in which it is to be located. (Gen. Ord. No. 1, 1995, art. 3, § 4.5, 4-24-95)

a.

FP—Floodplain district.

1.

Description of district—The development of the FP district could result in the potential loss of life and property, create health and safety hazards and lead to extraordinary public expenditures for flood protection and relief. Since development of these areas is not essential to the orderly growth of the community and since these lands are suitable for open space uses that do not require structures or fill, the following provisions are established:

2.

Permitted uses—The following uses shall be permitted in the FP district by right:

a)

Agricultural uses such as the production of crops, pastures, orchards, plant nurseries, vineyards and general farming.

b)

Forestry, wildlife areas and nature preserves.

c)

Parks and recreational uses such as golf courses, driving ranges and play areas.

3.

Special exceptions—The following special exceptions may be permitted in the FP district only after a proper permit has been granted by the Indiana Department of Natural Resources (DNR):

a)

Water management and use facilities such as dams, docks, dikes, piers, levees, flood walls, and irrigation facilities.

b)

Water related uses such as wastewater treatment facilities, storm sewers, power generation and transmission facilities and water treatment plants.

c)

Flood tolerant or open space uses such as floodproofed industrial and commercial buildings, race tracks, tennis courts, park buildings, outdoor theaters, earth fills, truck freight terminals, radio or TV towers, parking lots and mineral extractions.

4.

Additional requirements—All buildings constructed in the FP district shall have a flood protection grade at least two (2) feet above the regulatory profile as established by DNR.

5.

Variances—The board may not grant a variance from any of the requirements of the FP district or to the flood protection grade requirements without written approval of DNR.

b.

Disclaimer—Floods can and will occur on occasion. Therefore, this ordinance does not create any liability on the part of the City of Wabash, DNR or the State of Indiana for any damages that result from reliance upon this ordinance or any administrative decision made hereunder. (Gen. Ord. No. 1, 1995, art. 3, § 5, 4-24-95)

All multifamily dwelling units, whether originated through alteration or construction, must comply with Group R of the Uniform Building Code and require state release of plans.

The granting of a special exception by the board of zoning appeals is required for multifamily residencies in the districts of agriculture, suburban, R-3 residence, R-4 residence and general business.

a.

A multifamily dwelling unit shall have the following minimum lot sizes in the districts indicated according to the total number of dwelling units involved:

1.

Minimum lot sizes for multifamily dwelling having twelve (12) or less dwelling units:

_____

2.

Minimum lot sizes for multifamily dwelling having more than twelve (12) but less than twenty-one (21) dwelling units:

3.

Minimum lot sizes for multifamily dwelling having twenty-one (21) or more dwelling units:

_____

4.

For four- or five-bedroom dwelling units, the lot size requirements for three-bedroom dwelling units shall apply. In the event an accessory dwelling unit is provided for a caretaker or superintendent, the lot size requirement for a one-bedroom dwelling unit shall apply. Any type of dwelling unit may be included for the purpose of calculating the lot size requirement for the "first four (4) units." Efficiency dwelling units are classified as one-bedroom units.

b.

The minimum lot width of a multifamily dwelling use shall be two hundred (200) feet in the AG and S districts; sixty (60) feet in the R-3, R-4 and GB districts.

c.

The maximum building height for a multifamily dwelling use shall be thirty-five (35) feet in any district.

d.

Setback requirements:

1.

Front yard—There shall be a front yard setback of not less than sixty (60) feet in the AG and S districts; twenty-five (25) feet in the R-3, R-4 and GB districts.

2.

Side yard—The minimum dimension for one (1) side yard shall be fifteen percent (15%) of the required lot width, provided that both side yards shall have a minimum dimension of thirty percent (30%) of the actual lot width.

3.

Rear yard—The minimum rear yard for an apartment dwelling use shall be thirty (30) feet.

e.

Lot coverage—No building with its accessory building(s) shall be erected or increased in ground area so that more than fifty percent (50%) of the area of the lot will be occupied in the AG and S districts; fifty-five percent (55%) in the R-3 districts; and sixty-five (65%) in the R-4 and GB districts.

f.

The minimum vehicle parking spaces to be provided on the lot for a multifamily dwelling use shall be as follows: One (1) space for each one-bedroom dwelling unit, and two (2) spaces for each two-, three- or more bedroom dwelling unit.

g.

The development plan of an apartment dwelling use shall accompany the application for an improvement location permit. The development plan shall meet the following requirements, in addition to the requirements set forth in this ordinance:

1.

The building or buildings shall be so designed or located so that the distance from any window of any room proposed to be used for human habitation shall be not less than forty (40) feet from the wall of any other structure on the property, such distance to be measured by a line perpendicular to the plane of the surface of said window, except that this distance may be reduced to not less than thirty (30) feet for an exposure where the room is a bathroom or laundry utility room, is used as a community or group meeting room or for a similar purpose. No separate freestanding building shall be closer than twenty (20) feet to any other building on a site or lot, provided that the board may reduce any of these dimensions, if in its judgment, the intent of this subsection is preserved.

2.

In the event that more than one (1) building is proposed, they shall be designed to be located so that not more than two (2) buildings are in a straight, unbroken line. Each apartment dwelling use building shall be designed with setbacks or breaks of not less than six (6) feet to all exterior walls for every two (2) building units.

3.

Provisions for off-street parking space shall be included in the plans submitted to the board of zoning appeals. Off-street parking area shall be suitably screened by shrubbery or trees along all streets and adjoining or adjacent property lines. The off-street parking areas shall have sufficient lighting facilities, which shall be located and adjusted so that the glare or beam is directed away from any adjoining property, public street or apartment dwelling windows.

4.

A landscape development plan shall either be included with the development plan or as a separate plan. Evergreen trees or other suitable shrubbery used for buffer strips, and other plantings and walks or other landscape features shall be shown on this plan.

5.

The location of all driveways and streets shall be shown on the development plan.

h.

Restaurants, delicatessens, beauty shops, drug stores or other local business uses and community meeting rooms or auditoriums may be permitted as accessory uses to an apartment dwelling use, provided that entrances and exits for such accessory uses are located in the lobby or lobby corridor of the building and that no sign or display is visible from the outside of the building. (Gen. Ord. No. 1, 1995, art. 3, §§ 6.1—6.8, 4-24-95)