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Wabash City Zoning Code

DIVISION V

SUPPLEMENTAL REGULATIONS

Sec. 10-75.- Off-street parking.

It is the intent of this section to establish minimum off-street parking requirements for permitted uses and special exceptions based on the peak-hour demand for parking space under normal circumstances. It is further the intent of this section to set forth standards by which to improve circulation within parking lots, as well as to insure adequate access into the public right-of-way.

a.

General provisions.

1.

Groups of uses requiring parking space may join in establishing private parking areas with a capacity aggregating that required for each participating use.

2.

Except as hereinafter provided, all parking facilities shall be located on the same lot as the structure or use served. Required off-street parking spaces, for any permitted use or special exception may be provided on a lot within three hundred (300) feet of such use when approved by the board.

3.

For land, structures, or uses actually used, occupied or operated on the effective date of this ordinance, there shall be provided such off-street parking space as was required for such land, structures or uses by the immediately previous zoning ordinance of the City of Wabash. If such land, structures or uses are enlarged, expanded or changed, there shall be provided, for that increment or expansion only, at least the amount of off-street parking space that would be required hereunder if the increment were a separate land, structure or use established or placed into operation after the effective date of this ordinance.

4.

For all uses established or placed into operation after the effective date of this ordinance, there shall be constructed, provided, preserved, and maintained the amount of off-street parking space set forth in division IV, table of permitted uses.

b.

Design standards.

1.

Parking facilities may occupy any portion of a lot, provided that:

a)

In residential districts, open parking spaces may be located in any yard, except a front yard or the street side of a corner lot.

b)

Garages and carports shall be subject to applicable side yard requirements.

2.

All parking facilities shall be arranged so that parking maneuvers shall be accomplished without entering a public right-of-way or walkway within or adjoining the facility.

3.

Minimum dimensions of parking facilities shall be determined according to current design standards for parking lots; however, each space shall not be less than one hundred eighty (180) square feet, excluding aisles.

4.

Adequate lighting shall be provided if facilities are used after 6:00 p.m.

5.

Parking facilities shall be effectively screened from residential uses in accordance with division V, section 10-77. Screening shall be continuous, broken only for access drives and walkways.

6.

All parking facilities shall be paved in accordance with city design standards.

7.

Curb cuts for driveways shall not exceed thirty (30) feet in width.

c.

Units of measurement.

1.

In the case of offices, merchandising or service types of uses, "display and sales area" shall mean the gross floor area or gross leasable area designed for tenant or owner's occupancy and exclusive use, including basement, mezzanines and upper floors, if any, expressed in square feet measured from the centerlines of joint partitions and exteriors of outside walls. It shall not include areas used principally for storage, utilities, and other space incidental to the management or maintenance of the building.

2.

A dwelling unit shall mean one (1) room, or a suite of two (2) or more rooms, designed for or used by one (1) family for living and sleeping purposes and having only one (1) kitchen or kitchenette.

3.

A seat shall be the space intended for one (1) individual, in places where patrons or spectators occupy benches, pews, or other seating facilities, each twenty (20) inches of such seating facilities shall be counted as one (1) seat.

4.

Employees shall be based on the maximum number of persons on duty or residing, or both, on the premises at any one (1) time.

5.

When units of measurement result in the requirements of a fractional space, any fraction shall require one (1) parking space. (Gen. Ord. No. 1, 1995, art. 5, § 1, 4-24-95)

Cross reference— Traffic and parking regulations, ch. 8.

Sec. 10-76. - Loading requirements.

It is the intent of this section to establish loading requirements so that adequate space for standing, loading and unloading services adjacent to the opening used for loading and unloading is provided in order to avoid undue interference with public use of the streets or alleys.

a.

General provisions.

1.

Loading facilities shall be provided on the same premises with every building, structure or part thereof, erected and occupied for uses involving the receipt or distribution of materials or merchandise via vehicular transportation, in accordance with the provisions of this section and in the amount set forth in the table of loading requirements.

2.

Loading and unloading berths shall not be required for uses which demonstrably do not receive or transmit goods or wares by truck delivery; nor for uses in the HD district.

b.

Design standards:

1.

Loading berths may occupy any portion of a lot, provided that loading berths shall not be permitted in any required front yard or side yard.

2.

All loading facilities shall be arranged so that all maneuvers shall be accomplished without blocking a public right-of-way or walkway.

3.

Loading berths shall be a minimum of ten (10) feet in width and fifty (50) feet in length, exclusive of aisle and maneuvering space, and shall have a minimum vertical clearance of fourteen (14) feet.

4.

All loading berths and maneuvering areas shall be paved in conformance with the standards of the city.

5.

Loading facilities shall be effectively screened from residential uses or principal residential use, in accordance with division V, section 10-77. Screening shall be continuous, broken only for access drives and walkways.

6.

Loading requirements shall be computed on the basis of the gross floor area.

c.

Table of loading requirements—Loading requirements shall be established for permitted uses and special exceptions irrespective of the zoning district in which they are located. (Gen. Ord. No. 1, 1995, art. 5, § 2, 4-24-95)

Sec. 10-77. - Screening.

When required by this ordinance, buildings, yards and other structures shall be effectively screened from adjacent residential uses in accordance with the following provisions:

a.

General provisions—Screening shall be accomplished through installation or construction of either a plant material buffer or an opaque wall, barrier or fence, a minimum of six (6) feet in height and have a density so that vision and light will be substantially obscured from adjacent properties.

1.

Where plant materials are used, such materials shall conform to the following:

a)

Species shall be suited to the local climatic and soil conditions; and

b)

Species shall reach the minimum six (6) foot height in two (2) growing seasons.

2.

Where opaque walls, barriers or fences are used, such screens shall conform to the following:

a)

Materials used shall be of good condition, properly installed and consist of wood, masonry, "basket-weave" chain link fence or any combination thereof or any other acceptable building materials; and

b)

Such materials shall bear no signs, or advertising, other than the name of the premises.

b.

Installation—All screening shall be installed, constructed or provided prior to occupancy of the property.

c.

Maintenance—All screening materials shall be properly and adequately maintained and kept free of trash and litter. (Gen. Ord. No. 1, 1995, art. 5, § 3, 4-24-95)

Sec. 10-78. - Sign regulations.

a.

General restrictions.

1.

Light sources to illuminate signs may be direct or indirect. Illumination shall not be of excessive brightness or cause glare hazardous to pedestrians or vehicular traffic, or be objectionable to adjacent residential districts. Flashing lights shall not be illuminated, except for name plates and for bulletin boards for institutions. All signs in business and industrial districts may be illuminated.

2.

Signs shall not obstruct vision clearance, traffic signs or other safety signs.

3.

Signs visible from the street shall not in any way resemble any traffic or safety sign.

4.

Every sign shall be constructed and maintained in a safe, presentable and good condition at all times, including the replacement of defective parts, painting, repainting, cleaning and other acts required for the maintenance of such sign.

5.

No sign shall be erected, placed or overhung in a public right-of-way or supported, braced or guyed from or to a public sidewalk, street, alley or public thoroughfare. Signs shall not extend over any street or alley, but may extend over a sidewalk provided the distance between the lowest part of the sign and the sidewalk is not less than eight (8) feet.

6.

No sign shall be located within ten (10) feet of the front lot line other than in the historic downtown district.

7.

No wall sign shall be projected beyond the end or top of the building wall to which it is attached nor shall the face of the sign be set out more than one (1) foot from the face of the building to which it is attached.

8.

"A" frame and portable or wheeled signs are permitted in nonresidential districts for promotions or special events for one (1) week periods.

9.

Billboard signs are permitted only by special exception authorized by the board of zoning appeals.

10.

All signs and portions thereof shall be stationary.

11.

Political campaign signs advertising candidates or issues may be permitted as follows:

(i)

Prior to sixty (60) days before the election and from the sixth day after an election, the area of one (1) political sign shall not exceed ten (10) square feet, and a political sign may not be located between a sidewalk and a curb, or, in the absence of a sidewalk, not less than eight (8) feet from the paved edge of the street or in any location so as to obstruct line of sight at any intersection or other place where a motor vehicle may enter or leave a public way or turn from one (1) public way to another, may not be placed on utility poles without the express consent of the utility owning said poles or placed on real property without the consent of the owner, nor shall any sign be placed upon the property of any governmental unit including rights-of-way or other property dedicated to the public use.

(ii)

Beginning sixty (60) days before an election and ending at the beginning of the sixth day after an election, the restrictions in subparagraph (i) above shall apply except that there is no restriction on the number and size of political signs during that period.

(iii)

If IC 36-1-3-11 is amended hereafter, any provisions herein not conforming to the amended IC 36-1-3-11, shall be considered void and of no effect and those provisions of the amended IC 36-1-3-11 shall be considered as incorporated herein.

12.

Any sign which is located on property which becomes vacant or unoccupied, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises as directed by the building commissioner.

13.

No person shall maintain or permit to be maintained on any premises owned or controlled by him any sign which is in a dangerous or defective condition. Any such sign shall be removed or repaired by the owner of the sign or the owner of the premises.

14.

The building commissioner shall cause to be removed any sign that endangers the public safety such as an abandoned, dangerous or electrically or structurally defective sign or a sign for which no permit has been issued. The building commissioner shall prepare a notice which shall describe the sign and specify the violation involved and which shall state that the sign must be removed or the violation corrected within ten (10) days.

b.

Residential districts—The following signs are permitted in the residential districts:

1.

One (1) nameplate not exceeding one (1) square foot in area shall be permitted for each dwelling. No permit is required.

2.

A church, school, community center or other public or institutional building or quasipublic building may erect one (1) announcement sign or bulletin board not over forty-four (44) square feet in area. If located in a residential district, a special exception permit is required. A permit is required.

3.

One (1) temporary real estate sign not exceeding six (6) square feet in area pertaining only to the sale, lease or rental of the building, property or premises upon which it is displayed. Such signs shall be removed no later than two (2) weeks after the completion of the sale, lease or rental. No permit is required.

4.

One (1) temporary real estate sign advertising the development of the premises upon which it stands or the opening of a new subdivision within which such a sign is located. Such sign shall be removed from the premises no later than thirty (30) days after the sale or rental of the premises or at such time that seventy percent (70%) of the subdivision's lots are occupied by structures or seventy percent (70%) of the units within the development are occupied. Such sign shall not exceed thirty-two (32) square feet in area. No permit is required.

5.

One (1) identification sign indicating the name and address of multifamily developments. Such signs shall not exceed forty-four (44) square feet in area and shall not be located closer to any side lot line than ten (10) feet. A permit is required.

c.

Business district—The following signs are permitted in GB districts:

1.

All signs as permitted in section 10-78"b" hereof.

2.

One (1) exterior wall sign may be erected which advertises a business or service conducted upon the premises and/or advertises products, merchandise or commodities sold on the premises.

3.

One (1) pole sign or ground sign per building which advertises a business or service conducted upon the premises or advertises products, merchandise or commodities sold on the premises may be permitted.

d.

Shopping center—One (1) identification sign or structure at the primary entrance to a shopping center or other planned and integrated grouping of stores may be erected provided such sign or structure is located at least twenty (20) feet from any street right-of-way line and at least fifty (50) feet from any other property line. Such identifying sign shall be of permanent type construction.

e.

Industrial districts—The following signs are permitted in the LI and HI districts, provided no sign shall be located closer than twenty-five (25) feet to any located in any residential district:

1.

All signs as permitted in section 10-78"b" and "c" hereof.

2.

One (1) exterior wall sign may be erected which advertises an industrial activity conducted upon the premises or advertises products, merchandise or commodities produced on the premises.

3.

One (1) pole sign or ground sign which advertises an industrial activity conducted upon the premises and/or advertises products, merchandise or commodities produced on the premises may be permitted.

f.

Maximum sign area—The following are the maximum sign areas for all business and industrial districts:

A wall sign area allowed for each business is based on the frontage of the business. One (1) square foot of sign area for each foot of frontage is allowed. Therefore, a thirty (30) foot wide business is allowed a thirty (30) square foot sign.

g.

Historic downtown district—Exterior signs may be erected in the HD district, which signs advertise a business or service conducted upon the premises or advertises products, merchandise or commodities stocked and sold on the premises, subject to the following conditions:

1.

Conditions—The "sign" shall include all related material, attachments, mounting and illumination. The "sign" may be applied to facades or windows, occur inside windows when intended for view from exterior (except for temporary interior notices); project from a building on a pole, canopy or awning, or be placed separate from the building on a permanent ground sign or temporary sidewalk sign. All signs require a permit.

2.

Design review committee—The design review committee shall consist of a representative from the office of the Building Commissioner of the City of Wabash, the Wabash Area Chamber of Commerce, the Wabash Merchants' Association, the Historic Downtown Restoration Agency, and one (1) person elected by the other members of the committee.

3.

Sign application review—Upon receipt of a sign permit application for a property within the historic downtown district, the building commissioner may transmit such information to the Historic Downtown District Design Review Committee. The committee, which may require additional information, must review the application within thirty (30) days of receipt. The committee shall consider the application based on the criteria listed in section 10-78"g""4". If approved, the committee shall issue a certification of approval. Upon receipt of such certificate, the building commissioner will issue a sign permit. However, in the event the building commissioner does not refer a sign permit application to the design review committee, the building commissioner shall have the authority to issue a sign permit.

4.

Allowable signage—Only "flat facade signs," "projecting signs," "awning signs," "window lettering," and detached "sidewalk signs" will be permitted based on the criteria for dimension, location and design listed below:

a.

Sign dimensions:

1)

"Flat facade signs" placed flush with a building placed below the second floor shall be no larger than forty percent (40%) of the first floor facade square footage, with no letters larger than eighteen (18) inches tall.

2)

"Projecting signs" on a pole perpendicular to the building, shall have a clearance of eight (8) feet, be no larger than twelve (12) square feet and extend a maximum of three (3) feet from the facade.

3)

"Window lettering" on facades shall occupy no more than twenty percent (20%) of the window area, with no opaque background and letters no larger than eight (8) inches tall.

4)

"Awning signs" may be placed anywhere on a structure when such awning has a ground clearance of seven feet, six inches (7′6″) and extend no more than six (6) feet from the facade.

5)

"Sidewalk signs" otherwise known as "sandwich boards" shall be no more than ten (10) square feet in area, and be placed within three (3) feet of the curb. All sidewalk signs are temporary by nature and will not be considered as "existing signage" under this ordinance.

b.

Number and location—Any combination of signs will be permitted in the following locations:

1)

"Front facade"—A maximum of three (3) signs.

2)

"Rear facade"—A maximum of two (2) signs.

3)

"Side facade"—Where a building side facade faces a parking lot or side street, a maximum of one (1) sign, when such sign does not contribute to visual distraction and side facade is properly maintained.

c.

Design criteria—Applications shall be judged according to the following criteria:

1)

Size—In relation to building proportions and architecture, street proportions; nearby signage and dimension restrictions listed above.

2)

Colors—In relation to building colors, street colors, or appropriate color schemes of the district.

3)

Materials—Of sign and attachments, as they relate to building architecture, style and period.

4)

Style—In terms of letters and graphics as they coordinate with style of building and period; trademarks which are less than ten percent (10%) of total signs and general design as it relates to business advertised and building style.

5)

Illumination—Either attached or detached, as it relates to style of sign and building.

h.

Application for signage permit shall be submitted in accordance with the following procedure:

1.

Application shall be made to the building commissioner.

2.

Application shall include the following:

a)

A plot plan or building elevations drawn to scale showing the locations and dimensions for all business signs.

b)

A description and drawing indicating the color, style, materials and lighting of the proposed signs.

c)

Any other pertinent data deemed necessary by the building commissioner for the proper enforcement of these regulations.

3.

The application shall be reviewed in accordance with the provisions of this division.

4.

Approval of a permitted sign shall become void at the expiration of six (6) months after the date of issuance if the proposed sign has not been erected.

(Gen. Ord. No. 1, 1995, art. 5, § 4, 4-24-95; Gen. Ord. No. 3, 2018, § 1, 4-23-2018)

Sec. 10-79. - Planned unit development.

a.

Intent—The intent of this section is to permit more flexibility in a development through land use controls that foster good environment design without violating the constitutional requirements of uniform classification and adequate standards; that permit a variety of housing accommodations including single-family detached, two-family, condominiums and multifamily dwellings, and land uses in imaginative and orderly physical and aesthetic relationship to one another; that permit the grouping and preservation of open space, school sites, recreation areas and lands for other public, semi-public (including churches) and private purposes; that permit the development of an area rather than individual lot development; and, serves as an incentive for the development of passive energy designs for conservation purposes. No particular development shall necessarily include all the requirements set forth above.

b.

General requirements—The general requirements for planned unit developments are as follows:

1.

The tract proposed shall consist of one (1) or more contiguous parcels of land comprising an area of four (4) acres or more in size, unless the tract shall be bounded on all sides by public right-of-way, public lands, watercourses, or less restrictive use districts, in which case it may be smaller than four (acres).

2.

The major use of the tract shall be residential, and may include single-family, two-family and multifamily dwellings and the usual accessory uses such as garages, storage space and community activities.

3.

The tract may contain commercial and professional uses as an integral part of a residential development; but such uses shall be planned and gauged primarily for the service and convenience of residents of the planned development, and shall be authorized only to the extent that such uses are not already available to the residents within a reasonable proximity.

4.

Planned unit developments shall be designed to create environments of stable and desirable character; they must provide provisions for recreation space adequate to meet the needs of the anticipated population.

5.

The tract must be served directly by streets of appropriate size, function and capacity.

6.

Minimum lot sizes, minimum setbacks, maximum lot coverage, and minimum lot widths shall meet the requirements of the district in which it is to be located. No height shall exceed thirty-five (35) feet.

7.

All buildings shall be served by an adequate public sewer system, water supply and other utilities.

8.

Street right-of-way and pavement widths if approved by the plan commission, may be reduced; however, every dwelling unit and all other uses shall have access to a community street, court, walkway or other area dedicated to common use.

9.

All parking lots, open spaces and other areas in common ownership shall be maintained.

c.

Procedure—The developer shall complete the following procedure:

For the purposes of accomplishing the objectives of this section, the owner or owners of any tract of land shall submit a proposed development plan for the use and development of the land to the plan commission for review and public hearing.

d.

Hearing—Within a reasonable time after submission of the proposed development plan, the plan commission shall set a date for a public hearing and give notice as required by law.

1.

If the plan commission approves the development plan after a public hearing, the plan commission shall affix its seal on the plans and provide the owner with a copy.

2.

If the plan commission disapproves the development plan after a public hearing, the reasons for such disapproval shall be recorded in the minutes and the owner provided with a copy.

e.

Effective time of approval—Approval of the development plan by the plan commission shall be effective for a period of twelve (12) months. Within this period of time, the owner shall file for preliminary plat approval or the development plan shall become null and void.

f.

Preliminary plat submission—The owner shall submit a preliminary plat to the plan commission in conformance with the procedures set forth in the subdivision ordinance.

1.

The preliminary plat shall conform to the previously approved development plan.

2.

All regulations for preliminary plat submissions as contained in the subdivision ordinance shall be adhered to except those regulations concerning lot size, setbacks, lot coverage, lot widths, building heights and street widths and rights-of-way which have previously been exempted by the plan commission as part of the development plan.

g.

Final plat submission—The submission of a final plat for all or any portion of the preliminary plat shall be in accordance with the procedures set forth for a final plat in the subdivision regulations.

h.

Designation binding successors in interest—Whenever a tract of land has been designated as a planned unit development, such designation shall continue in effect irrespective of subsequent changes in ownership whether all or a portion of the designated tract; and the uses and regulations approved shall bind and be applicable to any successors in interest to those who were the owners of such tract at the time of the designation as a planned unit development. (Gen. Ord. No. 1, 1995, art. 5, § 5, 4-24-95)

Sec. 10-80. - Shopping center plan.

a.

Types of uses—All uses permitted in the GB district are permitted on the tract of land proposed for a shopping center, provided that:

1.

The proposed plan includes at least four (4) separate types of business uses; and

2.

Not more than one (1) of which shall be an auto or truck service, repair or sales establishment.

b.

Standards of development—The tract of land proposed for a shopping center shall be of an area of not less than ten (10) acres and the average length of the tract shall not be greater than two and one-half (2½) times the average width. All uses proposed for the shopping center shall be served by both public sewer and public water.

c.

Requirements—An application for an improvement location permit shall be submitted to the plan commission along with the following requirement:

1.

A development plan shall be prepared which includes the following additional information:

a)

A plan of landscape development which shall include, among other considerations, an area of at least ten (10) feet in width along all streets, with the exception of approved entrances, which border the proposed center, to be planted and maintained with trees and shrubbery to serve as a screen for the parking area(s).

b)

A planting screen, consisting of suitable shrubbery, maintained at a six (6) foot height by six (6) foot width, to be planted wherever the proposed center would abut a residential use.

c)

Parking facilities shall be provided in accordance with the requirements of this ordinance.

d)

No buildings or paved areas (other than access drives) may be located closer than fifty (50) feet to any area used or zoned for residential purposes, in order to create a greenbelt, and such greenbelt shall be maintained as lawn together with appropriate landscape development and screen planting herein before specified.

e)

An adequate number and proper arrangement of loading and unloading berths shall be shown in the development plan in accordance with the provisions of this ordinance.

2.

The location, effect and arrangement of all outdoor advertising signs proposed to be erected shall be shown on the plan and shall be subject to the provisions of this ordinance.

3.

Architectural plans of the building and structures proposed to be constructed shall be subject to the approval of the commission. The commission's approval shall be based on the architectural plans creating a unified design which will be in character and proper relationship to the surrounding areas.

d.

Review procedures.

1.

Within a reasonable time after receipt of the application and all additionally required plans, studies, reports, and permits, the commission shall set a date for public hearing and give notice as required by law.

2.

If the plan commission approves the shopping center plan after public hearing, it shall affix its seal on the plans and provide the owner with a copy.

3.

If the plan commission disapproves the shopping center plan after public hearing, the reasons for such disapproval shall be recorded in the minutes and the owner provided with a copy. (Gen. Ord. No. 1, 1995, art. 5, § 6, 4-24-95)

Sec. 10-81. - Private swimming pools.

a.

Permit required for private swimming pool construction—No person shall construct, remodel or alter any swimming pool until an improvement location permit is obtained from the building commissioner. An application for such permit shall be filed with the building commissioner, together with the plans and specifications.

b.

Inspection by building commissioner—The building commissioner is authorized to enter upon any premises to determine whether or not the owner has complied with the provisions of this section.

c.

Location of private swimming pools.

1.

No private swimming pools shall be constructed except on the same lot as the owner's dwelling or on a vacant lot immediately contiguous thereto if it is under the same ownership as the dwelling. The following conditions apply if the pool is to be located on the same lot as the dwelling of the owner:

a)

No part of the pool shall be located in the required front yard.

b)

The pool must be enclosed by a fence in the manner set forth below.

c)

The pool must be in an area that is free of overhead electrical power lines.

d)

The surface area of the pool may not exceed twenty-five percent (25%) of the area of the yard in which it is located.

2.

When a pool is located on a lot contiguous to the lot on which the owner's dwelling is located, the following conditions apply.

a)

No part of the pool shall be located in the required front yard.

b)

No part of the pool shall be closer than five (5) feet from the property line of any other property owner.

c)

No part of the pool shall be built across any property line regardless of the ownership thereof.

d.

Fences.

1.

Every outdoor swimming pool, which is more than eighteen (18) inches deep, shall be completely surrounded by a fence not less than five (5) feet in height. Such fence shall be either of chain link type and style or of a type or style offering equivalent protection. A fence which is included as an integral part of the pool is permissible.

2.

All gates, doors, or ladders opening through such fence shall be designed to permit locking and shall be kept locked when the pool is not in actual use or left unattended.

e.

Unnecessary noises—It shall be unlawful for any person to make, continue or cause to be made at any pool any loud, unnecessary or unusual noise or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others. In the operation of a pool, the use or permitting the use or operation of any radio, receiving set, musical instruments, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighborhood or at any time with louder volume than is necessary for convenient hearing of the person(s) who are in the pool premises shall be unlawful.

f.

Shielding lights—Lights used to illuminate any pool shall be so arranged and shaded as to reflect away from adjoining premises and public streets.

g.

Electrical supply—All electrical wiring for operation of the pool shall be in compliance with the latest issue of the National Electrical Code. (Gen. Ord. No. 1, 1995, art. 5, § 7, 4-24-95)

Sec. 10-82. - Mobile homes, manufactured homes and recreational vehicles.[6]

a.

Mobile homes prohibited—The erection, placement or occupation of a mobile home on any lot within the jurisdictional area of the City of Wabash, other than within a mobile home park, is prohibited. The use of any mobile home erected, placed or occupied in compliance with this or prior ordinances may continue so long as it is not removed from or replaced on the lot upon which it is located, provided such continued use complies with the terms and conditions of the improvement location permit, variance or other authority granted or issued for the erection, placement or occupation of such mobile home. Nothing in this paragraph shall prohibit the storage of a mobile home pursuant to section 10-82"f" of this division.

b.

Recreational vehicles and structures prohibited—The erection, placement or occupation of a recreational vehicle or structure on any lot or mobile home park within the jurisdictional area of the City of Wabash is prohibited. Nothing in this paragraph shall prohibit the storage of a mobile home pursuant to section 10-82"f" of this division.

c.

Mobile home parks—A mobile home park may be permitted as a special exception by the board of zoning appeals in accordance with the procedures set forth in division IV of this ordinance.

d.

Manufactured homes—Manufactured homes may be used as residences as such uses are defined in "Indiana Standard for the Permanent Installation of Manufactured Homes." See section 10-38 of division III.

e.

Temporary use of mobile homes and travel trailers—A mobile home or travel trailer may be located in any district as a temporary use for a period not to exceed twelve (12) months subject to the following conditions:

1.

The mobile home or travel trailer must be situated either at:

a)

The construction site of a residential dwelling, in which case it must be occupied solely by the owner or purchaser of the dwelling under construction and members of his/her immediate family, or

b)

The construction site of a commercial, industrial or public structure, in which case it may be occupied only by persons directly engaged in the supervision of the construction of the structure or development and used only for security or office purposes.

2.

Proof of compliance with all health and sanitary laws and regulations of the City and County of Wabash and the Indiana State Board of Health must be furnished to the building commissioner before such mobile home or travel trailer may be used or occupied.

3.

The location of the mobile home or travel trailer must meet the yard and vision requirements of the districts in which it is located.

4.

Only mobile homes containing sleeping accommodations, a flush toilet and a tub or shower bath may be occupied as temporary living quarters and then only by the owner or purchaser of the residential dwelling and the members of his/her immediately family at the construction site of such dwelling.

5.

Must be properly registered and licensed.

f.

Storage of mobile homes and recreational vehicles and structures.

1.

Storage of mobile homes—The outside storage of an unoccupied mobile home on any lot within the jurisdictional area of the City of Wabash, other than within a mobile home park or a mobile home sales area is prohibited.

2.

Storage of recreational vehicles or structures—An unoccupied recreational vehicle or structure may be stored in a private garage or a rear yard or a recreational vehicle or structure park, provided that the location of such vehicle or structure meets the yard and vision requirements of the district in which it is stored.

g.

Recreational vehicle and structure parks—A recreational vehicle and structure park may be permitted as a special exception by the board of zoning appeals in accordance with the procedures set forth in division IV of this ordinance for such exceptions and subject to the requirements for such recreational vehicle and structure parks. (Gen. Ord. No. 1, 1995, art. 5, § 8, 4-24-95)

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State Law reference— I.C., § 36-7-4-1106, addresses manufactured homes.