city of elkhart, indiana zoning ordinance no. 4370

City of Elkhart Zoning Ordinance

CITY OF ELKHART, INDIANA

ZONING ORDINANCE

NO. 4370

Section Page

Section 1: GENERAL PROVISIONS ........................................................................................ 7

1.1 Title

1.2 Purpose

1.3 Rules

1.4 Interpretation

1.5 Scope of the Regulations

1.6 Severability

1.7 Repeal of Prior Ordinances

1.8 Publication and Effective Date

1.9 Lot Area, Building Requirements, and General Permitted Uses

1.10 Regulations for Nonconformities

Section 2: DEFINITIONS ....................................................................................................... 14

2.1 Introduction to Terms

2.2 Definitions

Section 3: DISTRICTS and BOUNDARIES .......................................................................... 39

3.1 Official Zoning Map

3.2 Interpretation of District Boundaries

3.3 Land Hereafter Annexed to the City

3.4 Establishment of Districts

Section 4: R-1, ONE-FAMILY DWELLING DISRICT............................................................ 44

4.1 Purpose

4.2 Permitted Uses

4.3 Special Exception Uses

4.4 Yard Requirements

4.5 Development Conditions

4.6 Supplemental Regulations

Section 5: R-2, ONE-FAMILY DWELLING DISTRICT ......................................................... 48

5.1 Purpose

5.2 Permitted Uses

5.3 Special Exception Uses

5.4 Yard Requirements

5.5 Supplemental Regulations

Section 6: R-3, TWO-FAMILY DWELLING DISTRICT ......................................................... 50

6.1 Purpose

6.2 Permitted Uses

6.3 Special Exception Uses

6.4 Yard Requirements

6.5 Supplemental Regulations

City of Elkhart Zoning Ordinance

Section 7: R-4, MULTIPLE FAMILY DWELLING DISTRICT .................................................... 52

7.1 Purpose

7.2 Permitted Uses

7.3 Special Exception Uses

7.4 Yard Requirements

7.5 Supplemental Regulations

Section 8: R-5, URBAN RESIDENTIAL DISTRICT ................................................................... 55

8.1 Purpose

8.2 Permitted Uses

8.3 Special Exceptions

8.4 Conditional Uses

8.5 Yard Requirements

8.6 Supplemental Regulations

Section 9: MHP, MOBILE HOME PARK DISTRICT ............................................................... 60

9.1 Purpose

9.2 Permitted Uses

9.3 Yard Requirements

9.4 Development Conditions

9.5 Procedure for Submission of Plans

9.6 Supplemental Regulations

Section 10: O, Office District ................................................................................................. 69

10.1 Purpose

10.2 Permitted Uses

10.3 Special Exception Uses

10.4 Conditional Uses

10.5 Yard Requirements

10.6 Development Conditions

10.7 Supplemental Regulations

Section 11: B-1, NEIGHBORHOOD BUSINESS DISTRICT .................................................. 72

11.1 Purpose

11.2 Permitted Uses

11.3 Special Exception Uses

11.4 Yard Requirements

11.5 Development Conditions

11.6 Supplemental Regulations

Section 12: B-2, COMMUNITY BUSINESS DISTRICT .......................................................... 76

12.1 Purpose

12.2 Permitted Uses

12.3 Special Exception Uses

12.4 Yard Requirements

12.5 Required Conditions

12.6 Supplemental Regulations

City of Elkhart Zoning Ordinance

Section 13: B-3, SERVICE BUSINESS DISTRICT ................................................................. 80

13.1 Purpose

13.2 Permitted Uses

13.3 Special Exception Uses

13.4 Yard Requirements

13.5 Development Conditions

13.6 Supplemental Regulations

Section 14: B-4, REGIONAL BUSINESS DISTRICT.............................................................. 84

14.1 Purpose

14.2 Permitted Uses

14.3 Special Exception Uses

14.4 Yard Requirements

14.5 Development Conditions

14.6 Supplemental Regulations

Section 15: CBD, CENTRAL BUSINESS DISTRICT ............................................................. 88

15.1 Purpose

15.2 Permitted Uses

15.3 Special Exception Uses

15.4 Yard Requirements

15.5 Development Conditions

15.6 Supplemental Regulations

Section 16: OP, OFFICE PARK DISTRICT ............................................................................ 92

16.1 Purpose

16.2 Permitted Uses

16.3 Special Exception Uses

16.4 Yard Requirements

16.5 Development Conditions

16.6 Supplemental Regulations

Section 17: BP, BUSINESS PARK DISTRICT ....................................................................... 97

17.1 Purpose

17.2 Permitted Uses

17.3 Special Exception Uses

17.4 Yard Requirements

17.5 Development Conditions

17.6 Supplemental Regulations

Section 18: M-1, LIMITED MANUFACTURING DISTRICT .................................................. 105

18.1 Purpose

18.2 Permitted Uses

18.3 Special Exception Uses

18.4 Conditional Uses

18.5 Existing “B” Business Uses

18.6 Yard Requirements

18.7 Development Conditions

18.8 Supplemental Regulations

City of Elkhart Zoning Ordinance

Section 19: M-2, GENERAL MANUFACTURING DISTRICT ............................................... 107

19.1 Purpose

19.2 Permitted Uses

19.3 Special Exception Uses

19.4 Conditional Uses

19.5 Existing “B” Business Uses

19.6 Yard Requirements

19.7 Development Conditions

19.8 Supplemental Regulations

Section 20: PUD, PLANNED UNIT DEVELOPMENT .......................................................... 112

20.1 Purpose

20.2 Permitted Uses

20.3 Requirements

20.4 Submittal Requirements

20.5 Plan Commission Action

20.6 Council Action

20.7 Secondary Review

20.8 Issuance of Permits

20.9 Revocation of Permits

20.10 Modifications to Approved Final Site Plans

20.11 Authority of Reviewing Body

20.12 Recording of Approved Final Site Plan

Section 21: SPECIAL FLOOD HAZARD AREA OVERLAY DISTRICT ............................... 117

21.1 Purpose

21.2 Definitions

21.3 Administration

21.4 Regulatory Flood Elevation

21.5 Zoning Clearance/Building Permit

21.6 Preventing Increased Damages

21.7 Protecting Structures

21.8 Variances

21.9 Other Developmental Requirements

Section 22: WETLANDS CONSERVATION OVERLAY DISTRICT ..................................... 127

22.1 General Provisions

22.2 Wetland District

22.3 General Development Standards

22.4 Nonconforming Uses

22.5 Board of Zoning Appeals

22.6 Enforcement

Section 23: DEVELOPMENT PLAN OVERLAY DISTRICT ................................................. 136

23.1 Purpose

23.2 Definition

23.3 Basic Requirements

23.4 Procedures for Establishing District

23.5 Established Districts

City of Elkhart Zoning Ordinance

Section 24: DEVELOPMENT PLAN PROCEDURES and DESIGN CRITERION ............... 140

24.1 Purpose

24.2 Authorizations to Review and Approve Development Plans

24.3 Exemptions

24.4 Pre-Submission Meeting

24.5 Application for Preliminary Approval

24.6 Contents of Development Plan for Preliminary Approval

24.7 Development Requirements for Preliminary Approval

24.8 Development Plan Design Standards Type I

24.9 Development Plan Design Standards Type II

24.10 Preliminary Review and Approval Procedure

24.11 Final Approval of Development Plans: Authority and Procedure

24.12 Appeal of Staff Decision to Plan Commission

24.13 Amendments to an Approved Development Plan

24.14 Waiver of Design Criteria and Ordinance Standard

Section 25: AIR SPACE CONTROL AREA OVERLAY DISTRICT ...................................... 159

25.1 Purpose

25.2 Establishment of Zones

25.3 Height Limitations

25.4 Use Restrictions

25.5 Markers and Lights on Nonconforming Structures and Trees

25.6 Permits

Section 26: DEVELOPMENT STANDARDS ......................................................................... 164

26.1 Accessory Structures

26.2 Landscape and Screening Requirements

26.3 Permitted Obstructions in Required Yards

26.4 Fence Requirements

26.5 Roadway Regulations

26.6 Exterior Lighting Standards

26.7 Off-Street Parking and Loading

26.8 Adult Entertainment Facilities

26.9 Bed and Breakfast Homes

26.10 Sign Regulations

Section 27: WIRELESS COMMUNICATIONS ...................................................................... 214

27.1 General Provisions

27.2 Definitions

27.3 Plan Commission Approval

27.4 Development Standards

27.5 Application Requirements

27.6 Collocation Policy

27.7 Removal of Abandoned Wireless Communication Facilities

27.8 Revocation Procedure

Section 28: RESERVED for FUTURE USE .......................................................................... 222

City of Elkhart Zoning Ordinance

Section 29: ADMINISTRATION and ENFORCEMENT ........................................................ 223

29.1 Planning and Zoning Staff

29.2 Board of Zoning Appeals

29.3 Plan Commission

29.4 Zoning Clearance Permits

29.5 Certificate of Occupancy

29.6 Commitments

29.7 Special Exception

29.8 Conditional Use

29.9 Variance

29.10 Appeal

29.11 Amendments

29.12 Fee Schedule

29.13 Violations and Penalties

City of Elkhart Zoning Ordinance

SECTION 1

GENERAL PROVISIONS

Sections

1.1 Title

1.2 Purpose

1.3 Rules

1.4 Interpretation

1.5 Scope of the Regulations

1.6 Severability

1.7 Repeal of Prior Ordinances

1.8 Publication and Effective Date

1.9 Lot Area, Building Requirements, and General Permitted Uses

1.10 Regulations for Nonconformities

1.1 Title

This Ordinance shall be known and may be cited and referred to as the Zoning Ordinance of

the City of Elkhart, Indiana.

1.2 Purpose

This Ordinance is intended to encourage the growth and development of the City in

accordance with a comprehensive plan so that the City may realize its potential as a place to

live and work. Specific purposes of this ordinance are to:

A. Promote the public health, safety, comfort, morals, convenience, and general public

welfare.

B. Promote the orderly and beneficial development of the City.

C. Provide adequate light, air, privacy, and convenience of access to property.

D. Regulate the density and distribution of population and the use and intensity of use

of land.

E. Regulate the location, height, bulk, area, and use of buildings, structures, and land.

F. Lessen or avoid congestion in the public streets.

G. Provide for the gradual elimination of non-conformities which may adversely affect

the character and value of desirable development in each district.

H. Define the powers and duties of the administrative officers and bodies as provided

herein.

City of Elkhart Zoning Ordinance

1.3 Rules

In construing this Ordinance, the rules and definitions contained in this section shall be

observed and applied, unless context clearly indicates otherwise.

A. Wherever appropriate in the context of the Ordinance, the singular number shall be

deemed to include the plural and the plural the singular, the masculine gender shall

be deemed to include the feminine and the neuter.

B. The word shall is mandatory and not discretionary.

C. The word may is permissive.

D. The phrase use for shall include the phrases arranged for, designed for, intended

for, maintained for, and occupied for.

E. The captions used in this Ordinance are for reference and convenience purposes

only and are not intended to enlarge, restrict, or modify in any manner the content of

the various Sections hereof.

1.4 Interpretations

A. In their interpretations and application, the provisions of this Ordinance are intended

to be minimum requirements.

B. When the conditions imposed by any provisions of this Ordinance vary from the

conditions imposed by any other law, ordinance, resolution, rule, easement or

regulation of any kind and the provisions of this Ordinance do not specify which

conditions are to be applicable, then the regulations which are more restrictive shall

govern.

1.5 Scope of the Regulations

A. No structure or land shall hereafter be used or occupied and no structure or part

thereof shall hereafter be erected, constructed, moved, or structurally altered except

in conformity with all of the regulations herein specified for the district in which it is

located, except as specified in Section 1.10, “Regulations for Non-Conformities.”

B. No application for a zoning clearance permit, building permit, license or certificate of

occupancy which would authorize the use or change in use of any land or structure

contrary to the provisions of this Ordinance shall be approved by any public agency.

C. No land shall be occupied or used, no excavation or construction shall be started

and no structure hereafter erected, moved, added to or structurally altered shall be

occupied or used, in whole or in part, for any purpose without a zoning clearance

permit issued by the Planning and Zoning Staff.

(As amended Ord. No. 4683 July 10, 2002)

City of Elkhart Zoning Ordinance

1.6 Severability

A. If any court of competent jurisdiction adjudges any provision of this Ordinance or

amendments hereto to be invalid, such judgment shall not affect any other provisions

of this Ordinance or amendments hereto not specifically included in said judgment.

B. If any court of competent jurisdiction adjudges any provision of this Ordinance or

amendments hereto to be invalid as applied to a particular property, building or other

structure, such judgment shall not affect the application of said provision to any other

property, building or structure not specifically included in said judgment.

1.7 Repeal of Prior Ordinances

Except as otherwise provided in Section 1.8 below, Ordinance 3146, and all ordinances

amendatory thereof are repealed as of the effective date of this Ordinance.

1.8 Publication and Effective Date

The Planning and Zoning Office is authorized and directed to publish this Ordinance in book

or pamphlet form and to give notice of such publication by a notice published in a newspaper

of general circulation in the City.

This Ordinance shall be effective sixty (60) days following adoption and publication as

required by law; provided, however, that if any provision of this Ordinance perpetuates a

provision that was in force immediately prior to the effective date of this Ordinance, then the

effective date of such provision shall be deemed to be in the earliest date upon which such

provision was in force under prior ordinance(s), it being and having been the intention of the

City Council in enacting this and prior Zoning Ordinances that the zoning regulation of the

City is a continuous process, regardless of the compilation, codification, re-enactment or

other City Council action with regard thereto from time to time.

1.9 Lot Areas, Building Regulations and General Permitted Uses

A. Lot Area and Yards

1. When two (2) parcels of land, either of which lacks adequate area or

dimension to qualify for a permitted use under the requirements of the use

district in which they are located, are contiguous and are held in one

ownership, they shall be considered one zoning lot.

2. No yard or lot existing at the effective date of this Ordinance shall be reduced

in dimension or area below the minimum requirements set forth herein. Yards

or lots created after the effective date of this Ordinance shall meet at least

the minimum requirements established by this Ordinance.

3. No part of a yard or other open space or off-street parking or loading space

required in connection with any structure shall be included as part of a yard,

open space or off-street parking or loading space similarly required for any

other structure.

City of Elkhart Zoning Ordinance

B. Building on a Zoning Lot

1. Every structure hereafter erected or altered to provide dwelling units shall be

located on a zoning lot, and there shall not be more than one such principal

structure on any zoning lot in an R-1, R-2, R-3, or R-5 residential district,

except in Planned Unit Developments.

2. Except as otherwise provided in this Ordinance, every structure shall be

constructed or erected upon a lot or parcel of land which abuts on a public

street. Permits for structures proposed on permanent easements of access

to a public street may be obtained, provided:

a. The easement and the location of a structure on any lot facing such

easement have been approved by the Plan Commission;

b. The lot shall meet the requirements set forth in this Ordinance,

provided that the access easement shall not be included in the

zoning lot area;

c. If city sewers are not provided, the lot shall meet the requirements of

the local and state health departments.

3. All residential detached principal buildings shall have a minimum width of

twenty-four (24) feet and a minimum of nine hundred fifty (950) square feet of

habitable space.

4. The space between the floor joists of the building and grade level shall be

completely enclosed with a permanent perimeter enclosure, except for

required openings, and can be secured to it by any manner approved by the

Building Commissioner.

5. The Board of Works may approve or disapprove applications for permits to

construct a driveway entrance and approach to all public streets and alleys.

The Board of Works may refer to the Plan Commission for a driveway

entrance and approach to primary streets. The Plan Commission shall report

their recommendations to the Board of Works within three days after the next

regularly scheduled meeting of the Plan Commission.

C. Utility Exemptions

The following structures and uses are exempted by this Ordinance and permitted in

any district: poles, cables, conduits, laterals, pipes, mains, valves, or any similar

distributing equipment for electric power, telephone, gas, water and sewer lines of a

public utility or municipality, provided that the installation shall conform where

applicable with the rules and regulations of other public authorities having

jurisdiction.

D. Subdivision as Permitted Use

A subdivision, as defined and regulated in the Subdivision Regulations of the City of

Elkhart, shall be a permitted use in all zoning districts of the City provided that the

City of Elkhart Zoning Ordinance

uses intended in the proposed subdivision meet the requirements of the City Zoning

Ordinance.

1.10 Regulations for Nonconformities

A. Intent

Within the districts and overlay districts established by this Ordinance, there exist

lots, structures, and uses of land and structures which were lawful prior to the

passage of this Ordinance, but which are now prohibited, regulated, or restricted

under the terms of this Ordinance. It is the intent of this Ordinance to permit these

non-conformities to continue until they are removed, but not to encourage their

continuance. Such uses are declared by this Ordinance to be incompatible with the

permitted uses in the districts involved.

To avoid undue hardship, nothing in this ordinance shall be deemed to require a

change in the plans, construction, or designated use of any building for which a

permit was lawfully granted prior to the effective date of adoption or amendment of

this Ordinance and upon which actual building construction has been started within

six (6) months after the date of permit and completed within eighteen (18) months.

Any use which is permitted as a special exception or conditional use in a district

under the terms of this Ordinance shall not be deemed a nonconforming use in such

district, but shall be considered a conforming use.

B. Types of Non-Conformities

1. Nonconforming Lots of Record

Any single lot or parcel of land, which was of record prior to December 3,

1957, which fails to meet the requirements applicable in its zoning district for

lot area or width, or both, may be utilized for the erection of a principal

structure and permitted accessory structures, but only if all other

requirements applicable in the district are met.

2. Nonconforming Structures

Where a lawful structure exists on the effective date of adoption or

amendment of this Ordinance which could not be built under the

requirements of this Ordinance by reason of restrictions in area, lot coverage,

height, yards, its location on the lot, bulk, or other requirements concerning

the structure, such structure may continue so long as it remains otherwise

lawful, subject to the following provisions:

a. No nonconforming structure may be enlarged or altered in a way

which increases its nonconformity, but any structure or portion

thereof with the exception of nonconforming signs, may be altered to

decrease its nonconformity. Any structural alteration to a

nonconforming sign shall conform to the regulations of the zoning

district in which it is located. Structural alterations include alterations

to the foundation base pole and cabinet. Structural alterations shall

not include general maintenance or the replacement of lettering or

City of Elkhart Zoning Ordinance

panels. (as amended per Ordinance No. 4431 on July 23, 1999) (as

amended per Ordinance No. 4456 on November 5, 1999)

b. Should a nonconforming structure be moved for any reason for any

distance whatever, it must thereafter conform to the regulations for

the district in which it is located after it is moved;

c. Should a nonconforming structure or portion of a structure be

destroyed by any means, it shall not be rebuilt, restored, or

reconstructed, or occupied for any use unless the structure will then

conform to all regulations of this Ordinance. To be destroyed means

to suffer damage to the extent of more than fifty percent (50%) of the

replacement cost of the structure, exclusive of foundation.

d. When a nonconforming structure is damaged to the extent of fifty

percent (50%) or less of the replacement cost of the structure,

exclusive of foundation, the structure may be rebuilt in the same

location, using the same building footprint, provided that rebuilding

begins within one (1) year of the event which caused the damage.

Rebuilding shall be diligently pursued to completion or the right to

restore the structure as a nonconforming structure shall be forfeited.

Restoration of a nonconforming structure pursuant to this subsection

shall not increase the degree of nonconformance or noncompliance

existing prior to such damage.

e. On any nonconforming structure or portion of a structure, work may

be done on ordinary repairs, or on repair or replacement of non-

bearing walls, fixtures, wiring, or plumbing, provided that a building

permit is obtained where necessary. Repairs shall not be permitted if

the structure or any portion thereof is declared to be unsafe by any

official charged with protecting the public safety.

3. Nonconforming Uses of Land

Where on the effective date of the adoption or amendment of this Ordinance,

lawful uses of land exist which would not be permitted by the regulations

imposed by this Ordinance, the uses may be continued so long as they

remain otherwise lawful, provided:

a. No nonconforming uses shall be enlarged or increased, nor extended

to occupy a greater area of land than was occupied at the effective

date of adoption or amendment of this Ordinance;

b. No nonconforming uses shall be moved in whole or in part to any

portion of the lot or parcel other than that occupied by the use at the

effective date of adoption or amendment of this Ordinance;

c. No existing structure devoted to a nonconforming use shall be

enlarged, extended, constructed, reconstructed, moved or structurally

altered except in changing the use of the structure to a use permitted

in the district in which it is located. No additional structure shall be

erected in connection with a nonconforming use of land.

City of Elkhart Zoning Ordinance

d. A nonconforming use may be extended throughout any parts of the

structure it occupies which were manifestly arranged or designed for

such use at the time of adoption or amendment of this Ordinance but

no such use shall be extended to occupy any land outside such

structure.

e. When a nonconforming use is replaced by a conforming use, the

nonconforming use status shall be lost and no nonconforming use

shall thereafter be resumed. A nonconforming use may be replaced

only by a use which complies with the provisions of this Ordinance.

f. If any nonconforming use of land is discontinued or abandoned for

more than six (6) months, any subsequent use of the land shall

conform to the regulations specified by this Ordinance for the district

in which such land is located. (as amended per Ordinance No. 5618

on August 20, 2017.)

4. Nonconforming Uses of Structures or of Structures and Land in Combination

Where, on the effective date of adoption or amendment of this Ordinance, a

lawful use of land exists which would not be permitted under the terms of this

Ordinance and such use occupies a lot or structure which does not meet

applicable requirements for lots or structures under this Ordinance,

continuation of the legal nonconforming status of the use, lot, or structure

shall be determined by the provisions applicable to each type of

nonconformity. (amended per Ordinance No. 4405 on March 1, 1999)

City of Elkhart Zoning Ordinance

SECTION 2

DEFINITIONS

Section

2.1 Introduction to Terms

2.2 Definitions

2.1 Introduction to Terms

For the purposes of this Ordinance, the terms listed in Section 2.2 shall be interpreted as

they are defined in that section. All other terms not herein defined shall have the meaning

customarily assigned to them in such context.

2.2 Definitions

A zone: Portions of the Special Flood Hazard Areas (SFHA) in which the principal source of

flooding is runoff from rainfall, snowmelt, or a combination of both. In A zones, floodwaters

may move slowly or rapidly, but waves are usually not a significant threat to buildings.

These areas are labeled as Zone A, Zone AE, Zones A1-A30, Zone AO, Zone AH, Zone AR

and Zone A99 on a Flood Insurance Rate Map (FIRM), or Flood Hazard Boundary Map

(FHBM). The definitions are presented below:

Zone A: Areas subject to inundation by the one-percent annual chance flood event.

Because detailed hydraulic analyses have not been performed, no base flood elevation or

depths are shown. Mandatory flood insurance purchase requirements apply.

Zone AE and A1-A30: Areas subject to inundation by the one-percent annual chance flood

event determined by detailed methods. Base flood elevations are shown within these zones.

Mandatory flood insurance purchase requirements apply. (Zone AE is on new and revised

maps in place of Zones A1-A30.)

Zone AO: Areas subject to inundation by one-percent annual chance shallow flooding

(usually sheet flow on sloping terrain) where average depths are between one and three

feet. Average flood depths derived from detailed hydraulic analyses are shown within this

zone. Mandatory flood insurance purchase requirements apply.

Zone AH: Areas subject to inundation by one-percent annual chance shallow flooding

(usually areas of ponding) where average depths are between one and three feet. Average

flood depths derived from detailed hydraulic analyses are shown within this zone.

Mandatory flood insurance purchase requirements apply.

Zone AR: Areas that result from the decertification of a previously accredited flood

protection system that is determined to be in the process of being restored to provide base

flood protection. Mandatory flood insurance purchase requirements apply.

Zone A99: Areas subject to inundation by the one-percent annual chance flood event, but

which will ultimately be protected upon completion of an under-construction Federal flood

protection system. These are areas of special flood hazard where enough progress has

been made on the construction of a protection system, such as dikes, dams, and levees, to

consider it complete for insurance rating purposes. Zone A99 may only be used when the

flood protection system has reached specified statutory progress toward completion. No

City of Elkhart Zoning Ordinance

base flood elevations or depths are shown. Mandatory flood insurance purchase

requirements apply.

Accessory Equipment Building: A structure used to house equipment for the operation,

maintenance or repair of a wireless telecommunications tower including electronic receiving

and relay equipment.

Accessory Structure: (appurtenant structure) A structure which is subordinate to the

principal structure and is located on the same zoning lot. The use of the accessory structure

is incidental and accessory to that of the principal structure. Accessory structures should

constitute a minimal initial investment, may not be used for human habitation, and be

designed to have minimal flood damage potential.

Active Construction: On-site erection, fabrication, installation, alteration, demolition, or

removal of any structure, facility, or addition thereto, including all related activities, but not

restricted to, clearing of land, earth moving, and landscaping. (as amended per Ordinance

No. 5618 on August 20, 2017.)

Addition (to an existing structure): any walled and roofed expansion to the perimeter of a

structure in which the addition is connected by a common load-bearing wall other than a

firewall. Any walled and roofed addition, which is connected by a firewall or is separated by

independent perimeter load-bearing walls, is new construction.

Adult Entertainment Establishments:

A. “Adult Bookstore.” An establishment having as a significant portion of its

stock in trade books, films, magazines and other periodicals which are

distinguished or characterized by an emphasis on matter depicting or

describing “sex act(s)” or “specified anatomical areas.”

B. “Adult Motel.” A motel wherein material is presented which is distinguished

or characterized by an emphasis on depicting or describing “sex act(s)” or

“specified anatomical areas.”

C. “Adult Motion Picture Arcade.” Any place to which the public is permitted

or invited wherein coin or token-operated or electronically, electrically or

mechanically controlled still or motion picture machines, projectors or other

image-producing devices are maintained to show images to five (5) or fewer

persons per machine at any one time, and where images so displayed are

distinguished or characterized by an emphasis on matter depicting or

describing “sex act(s)” or “specified anatomical areas.”

D. “Adult Motion Picture Theater.” An enclosed building used for presenting

material distinguished or characterized by an emphasis on matter depicting

or describing “sex act(s)” or “specified anatomical areas” for observation by

patrons therein.

E. “Adult Lounge or Night Club.” Any establishment that features topless

dancers, go-go dancers, exotic dancers, strippers, male or female

impersonators or similar entertainers.

City of Elkhart Zoning Ordinance

F. For purposes of the above, the terms “sex act(s)” and “specified anatomical

areas” shall mean the following:

1. “Sex Act(s).” Means and includes the following: a) human genitals

in a state of sexual stimulation or arousal; b) acts of human

masturbation, sexual intercourse or sodomy; and c) fondling or other

erotic touching of human genitals, pubic region, buttock or female

breast.

2. “Specified Anatomical Areas.” Means and includes the following:

a) less than completely and opaquely covered human genitals, pubic

region, buttock and female breast below a point immediately above

the top of the areola; and b) human male genitals in a discernibly

turgid state, even if completely and opaquely covered.

Airport: The Elkhart Municipal Airport.

Airport Elevation: The established elevation of the highest point on the usable landing

area of the airport.

Alley: A public way, not more than sixteen and one-half (16 1/2) feet wide, which affords

only a secondary means of access to abutting property, other than a right-of-way or

easement for public utility purposes.

Amusement Arcade: See Amusement Parlor (Room).

Amusement Machine: Any machine or device designed or modified to be operated by a

coin, coins, or token, or for which change is made for the operation thereof. Such a machine

or device used exclusively for the vending of merchandise of a tangible nature shall not be

deemed an amusement machine.

Amusement Parlor (Room): Any public area or room containing one (1) or more

amusement machines.

Anchor Store: A store(s) within a mall or shopping center of at least seventy-five thousand

(75,000) square feet that serves as a primary traffic generator for the complex.

Animated Message Board: Any sign that changes light intensity or that gives the visual

impression of movement or rotation. (as amended per Ordinance No. 4592 June 13, 2001)

Apartment: See Dwelling Unit.

Apartment House: See Dwelling, Multiple-Family.

Appeal: a request for a review of the floodplain administrator’s interpretation of any

provision of this ordinance or a request for a variance.

Area of shallow flooding: a designated AO or AH Zone on the community’s Flood

Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly

defined channel does not exist, where the path of flooding is unpredictable and

indeterminate, and where velocity flow may be evident. Such flooding is characterized by

City of Elkhart Zoning Ordinance

ponding or sheet flow.

Assisted Living Facility: A building containing two (2) or more dwelling units with common

dining and activity facilities in which a professional staff provides limited care and community

activities for the residents with the primary goal of enabling the residents to live as

independently as possible.

Automobile: See Motor Vehicle.

Awning: A roof-like cover attached to a building generally of a material different from that of

the building and which projects from the wall of the building.

Balcony: A raised railed platform projecting from the wall of a structure.

Banquet Facility: (See Meeting Hall/Banquet Facility)

Base Flood Elevation (BFE): the elevation of the one-percent annual chance flood.

Basement: That portion of a structure having its floor sub-grade (below ground level) on all

sides.

Bay Window: A window or series of windows forming a bay or recess in a room and

projecting outward from the wall in a rectangular, polygonal or curved form.

Bed and Breakfast Home: A structure, primarily residential in character, that provides

lodging for paying guests.

Billboard: See Sign, Off-Premise.

Billiard Room: Any public area or room containing one (1) or more pool or billiard tables.

Billiard Table: Any table used for any form of the games commonly referred to as pool or

billiards and includes any table of any size, the top of which is surrounded by an elastic

ledge and consists of impelling balls by means of sticks and cues.

Board of Zoning Appeals: The Board of Zoning Appeals of the City of Elkhart, Indiana.

Boarding House: A structure, other than a hotel, motel or lodging house, where lodging

and meals are provided for compensation primarily on a long term basis.

Building: Any structure with walls and roof securely affixed to the land and entirely

separated on all sides from any other structure by space or by walls in which there are no

communicating doors, windows, or openings, and which is designed or intended for shelter;

enclosure or protection of persons, animals, or property, provided that any structure with

interior areas not normally accessible for human use, such as oil tanks, water tanks, grain

elevators, coal bunkers, oil cracking towers and other similar structures are not considered

as buildings.

Building, Accessory: A subordinate structure detached from but located on the same lot

as the principal structure, the use of which is incidental and accessory to that of the principal

structure.

City of Elkhart Zoning Ordinance

Building, Attached: A building which has any part of its exterior or bearing wall in common

with another building or which is connected to another building or roof.

Building, Detached: A building having no structural connection with another building.

Building Height: The vertical distance measured from the grade level to the highest point

of the main structure of the building.

Building, Principal: A building in which is conducted the main or principal use of the

zoning lot on which said building is situated. Where a part of an accessory structure is

attached to the principal building in any manner, as by a roof, such accessory building shall

be considered to be part of the principal building.

Bulk Storage Tanks: Outside storage tanks, where the total volume of the container(s)

exceed 2000 gallons used for dispensing of liquids or gases into smaller containers or for

use in manufacturing processes. This definition shall not apply to underground storage

tanks. (As amended Ordinance No. 4683 July 10, 2002)

Business: The purchase, sale, barter, or exchange of goods, wares, merchandise or

services or the maintenance or operation of offices or recreational and amusement

enterprises.

Business School: A privately owned school, not conducted by or under the sponsorship of

a charitable organization, which teaches secretarial, bookkeeping, accounting, or other

similar office or clerical skills.

Campground: An area or tract of land used for occupancy by two (2) or more temporary

tents, dwellings, rooms, sleeping quarters, or recreational vehicles of any kind.

Canopy: See Awning.

Carport: A roofed structure designed and intended to shelter motor vehicles with at least

two (2) of the four (4) sides open to the weather.

Central Business District: The Central Business District in the City of Elkhart

encompasses the area as shown on the Official Zoning Map of the City of Elkhart, Indiana.

Charitable Organization: An organization organized and operated exclusively for public

charitable purposes as defined in the Internal Revenue Code of 1986, as amended.

City: The City of Elkhart, Indiana.

City Council: The Common Council of the City of Elkhart, Indiana.

Clinic, Medical, Dental: A structure where three or more licensed physicians, or dentists,

actively engage in the practice of medicine, or dentistry, on an out-patient basis.

Co-location: The use of a wireless telecommunications facility by more than one wireless

telecommunications provider.

City of Elkhart Zoning Ordinance

Commitment: A written stipulation regarding the use or development of a parcel which is

subject of a petition or proposal before the Board of Zoning Appeals, Plan Commission or

City Council, made by the owner of the parcel. Commitments shall be recorded in the office

of the County Recorder and shall become effective upon grant of the petition.

Community: a political entity that has the authority to adopt and enforce floodplain

ordinances for the area under its jurisdiction.

Community Center: A place, structure, area, or other facility used for and providing

religious, fraternal, social, and/or recreational programs generally open to the public and

designed to accommodate and serve significant segments of the community.

Community Rating System (CRS): a program developed by the Federal Insurance

Administration to provide incentives for those communities in the Regular Program that have

gone beyond the minimum floodplain management requirements to develop extra measures

to provide protection from flooding.

Comprehensive Plan: The Comprehensive Plan of the City of Elkhart, Indiana.

Conditional Use: A use that, owing to some special characteristics attendant to its

operation or installation (for example, potential danger, smoke, noise, or excessive traffic

generation), is permitted in a district subject to approval by the Board of Zoning Appeals, and

subject to special requirements, different from those usual requirements for the district in

which the conditional use may be located.

Construction: The placing of construction materials in permanent position and fastened in

a permanent manner. Where excavation, demolition or removal of an existing structure has

been substantially begun preparatory to rebuilding such excavation, demolition or removal

shall be deemed construction.

Critical facility: a facility for which even a slight chance of flooding might be too great.

Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire,

and emergency response installations, installations which produce, use or store hazardous

materials or hazardous waste.

Cul-de-sac: A street having one end connected to the surrounding roadway system and the

other end being permanently terminated by a vehicle turn around.

Curb Cut: The area at which a private drive connects to a public street or alley to allow

motorized vehicular ingress and egress between the street or alley and the property.

Diameter at Breast Height (d.b.h.): In measuring the size of trees, the diameter of a tree

as measured at breast height.

Day Care Center: A structure in which at least six (6) children at any time receive child care

from a provider: (a) while unattended by a parent, legal guardian or custodian; (b) for regular

compensation; (c) for more than four (4) hours, but less than twenty-four (24) hours in each

ten (10) consecutive days per year, excluding intervening Saturdays, Sundays and holidays;

and (d) which is not the primary residence of the child care provider or is not a residential

structure.

City of Elkhart Zoning Ordinance

Day Care Home: A residential structure in which at least six (6) children (not including the

children for whom the provider is a parent, stepparent, guardian, custodian or other relative)

at any time receive child care from a provider: (a) while unattended by a parent, legal

guardian or custodian; (b) for regular compensation; (c) for more than four (4) hours, but less

than twenty-four (24) hours in each ten (10) consecutive days per year, excluding intervening

Saturdays, Sundays and holidays; and (d) which is the primary residence of the child care

provider.

Decibel: A unit of measurement of the intensity (loudness) of sound.

Development: Any man-made change to improved or unimproved real estate including but

not limited to:

A. Construction, reconstruction or placement of a structure or any addition to a

structure;

B. Installing a manufactured home on a site, preparing a site for a manufactured

home, or installing a recreational vehicle on a site for more than 180 days;

C. Installing utilities, erection of walls and fences, construction of roads or similar

projects;

D. Construction of flood control structures such as levees, dikes, dams, channel

improvements, etc.;

E. Mining, dredging, filling, grading, excavation, or drilling operations;

F. Construction and/or reconstruction of bridges or culverts;

G. Storage of materials; or

H. Any other activity that might change the direction, height or velocity of flood or

surface waters.

“Development” does not include activities such as the maintenance of existing structures

and facilities such as painting, re-roofing; resurfacing roads; or gardening, plowing and

similar agricultural practices that do not involve filling, grading, excavation or the construction

of permanent buildings.

Development Plan: All materials submitted for approval in accordance with Section 24 of

this Zoning Ordinance, identifying principal and accessory structures, streets, pedestrian

access systems, utilities, landscaping, exterior lighting, signage and other elements of a

proposed development including the site plan and supporting drawings and documentation.

District: A zoning district as created and defined in this Ordinance.

Domestic Animal: Any nonferal animal which is not prohibited by the City of Elkhart Animal

Control Ordinance. Horses require a minimum of one (1) acre of fenced grazing land per

animal.

Drip Line: A vertical line extending from the outermost branches of a tree to the ground.

City of Elkhart Zoning Ordinance

Drive-In Facility: Drive-in movie theaters, restaurants characterized by primary food service

to the public for consumption on the premises by order from and service to vehicular

passengers outside the structure, and other businesses catering to patrons parked in

vehicles on the site. (as amended per Ordinance No. 5618 on August 20, 2017.)

Driveway: An area used for movement of vehicles from street to garage or established

parking area.

Dwelling, Multiple Family: A structure containing three or more dwelling units.

Dwelling, One Family: A structure containing one dwelling unit.

Dwelling, Two Family: A structure containing two dwelling units.

Dwelling Unit: One or more connected rooms in a structure intended for residential

occupancy by one family, including complete kitchen and bathroom facilities, permanently

installed exclusive of garages, porches , stoops, decks, basements and similar areas not

considered to be part of the interior living space of the dwelling. Calculation of dwelling

space shall be done by determining the sum of dwelling unit space as defined above. (as

amended per Ordinance No. 4762 on August 1, 2003).

Dwelling Unit, Efficiency: A dwelling unit consisting of one room exclusive of bathroom,

kitchen or dining alcove adjacent to the principal room, provided such dining alcove does not

exceed one hundred (100) square feet in area.

Easement: The right of a person, government agency, public utility company or other entity

to use public or private land owned by another for a specific purpose.

Elevated structure; A non-basement structure built to have the lowest floor elevated above

the ground level by means of fill, solid foundation perimeter walls, filled stem wall

foundations (also called chain walls), pilings, or columns (posts and piers).

Elevation Certificate: A certified statement that verifies a structure’s elevation information.

Emergency Program: The first phase under which a community participates in the National

Flood Insurance Program. It is intended to provide a first layer amount of insurance at

subsidized rates on all insurable structures in that community before the effective date of the

initial Flood Insurance Rate Map (FIRM).

Encroachment: The advance or infringement of uses, fill, excavation, buildings, permanent

structures or development into a floodplain, which may impede or alter the flow capacity of a

floodplain.

Entry/Development Corridor: The right of way of the following highways are designated

entry/development corridors:

Benham Avenue; Bristol Street; Cassopolis Street; County Road 6; County Road 17;

Franklin Street; Hively Avenue; Jackson Boulevard; John Weaver Parkway; Johnson

Street; Lexington Avenue; Lusher Avenue; Main Street; Middlebury Street;

Nappanee Street; Prairie Street.

City of Elkhart Zoning Ordinance

Established Building Setback: The average setback distance of all structures on the side

of a street between two (2) intersecting streets. Such setback shall be re-determined as

each successive vacant lot is proposed to be improved with a structure. Where a yard is

adjacent to a river or creek, the established setback shall be determined by the average

setback of five houses in each direction upstream and downstream of the yard in question.

(as amended per Ordinance 4762 on August 1, 2003)

Established Frontage: The average frontage distance for all lots on the side of a street

between two (2) intersecting streets. Such frontage distance shall be re-determined as each

successive vacant lot is proposed to be improved with a structure.

Established Lot Size: The average lot area (square footage) for all lots on the side of a

street between two (2) intersecting streets. Such lot area shall be re-determined as each

successive vacant lot is proposed to be improved with a structure.

Existing Construction: Any structure for which the “start of construction” commenced

before the effective date of the community’s first floodplain ordinance.

Existing manufactured home park or subdivision: A manufactured home park or

subdivision for which the construction of facilities for servicing the lots on which the

manufactured homes are to be affixed (including, at a minimum, the installation of utilities,

the construction of streets, and either final site grading or the pouring of concrete pads) is

completed before the effective date of the community’s first floodplain ordinance.

Expansion to an existing manufactured home park or subdivision: The preparation of

additional sites by the construction of facilities for servicing the lots on which the

manufactured homes are to be affixed (including the installation of utilities, the construction

of streets, and either final site grading or the pouring of concrete pads).

F.A.R.: See Floor Area Ratio.

F.I.R.M.: Federal Insurance Rate Map.

Façade: An exterior wall of a building. (as amended per Ordinance No. 4431 on July 23,

1999)

Facility Compound: The area of a parcel on which wireless telecommunications facilities

such as towers and accessory equipment buildings are located.

Family:

A. An individual;

B. Two (2) or more persons related by genetics, marriage, legal adoption, or

other relationship established by law; or

C. Five (5) or fewer persons who constitute a relatively permanent functioning

group living as a single housekeeping unit.

FEMA: Federal Emergency Management Agency.

City of Elkhart Zoning Ordinance

Fence: A structure partially or completely surrounding a part of or the whole of a zoning lot

which is intended to prevent intrusion from without and straying from within the area

controlled, but not including a hedge or other natural growth.

Five-hundred year flood (500-year flood): The flood that has a 0.2 percent chance of

being equaled or exceeded in any year.

Flood: A general and temporary condition of partial or complete inundation of normally dry

land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface

waters from any source.

Flood Boundary and Floodway Map (FBFM): An official map on which the Federal

Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) has

delineated the areas of flood hazards and regulatory floodway.

Flood Hazard Boundary Map (FHBM): An official map of a community, issued by Federal

Emergency Management Agency (FEMA), where the boundaries of the areas of special

flood hazard have been identified as Zone A.

Flood Insurance Rate Map (FIRM): An official map of a community, on which Federal

Emergency Management Agency (FEMA) has delineated both the areas of special flood

hazard and the risk premium zones applicable to the community.

Flood Insurance Study (FIS): The official hydraulic and hydrologic report provided by the

Federal Emergency Management Agency (FEMA) The report contains flood profiles, as well

as the Flood Insurance Rate Map (FIRM), Flood Boundary and Floodway Map (FBFM)

(where applicable), and the water surface elevation of the base flood.

Flood Prone Area: Any land area acknowledged by a community as being susceptible to

inundation by water from any source. (See “Flood”)

Flood Protection Grade (FPG): The elevation of the regulatory flood plus two feet at any

given location in the Special Flood Hazard Areas (SFHA). (see “Freeboard”)

Floodplain: The channel proper and the areas adjoining any wetland, lake, or watercourse

which have been or hereafter may be covered by the regulatory flood. The floodplain

includes both the floodway and the fringe districts.

Floodplain management: The operation of an overall program of corrective and preventive

measures for reducing flood damage and preserving and enhancing, where possible, natural

resources in the floodplain, including but not limited to emergency preparedness plans, flood

control works, floodplain management regulations, and open space plans.

Floodplain management regulations; Any portion of the City of Elkhart zoning ordinances,

subdivision regulations, building codes, health regulations, special purpose ordinances, and

other applications of police power which control development in flood-prone areas. This

term describes federal, state, or local regulations in any combination thereof, which provide

standards for preventing and reducing flood loss and damage. Floodplain management

regulations are also referred to as floodplain regulations, floodplain ordinance, flood damage

prevention ordinance, and floodplain management requirements.

City of Elkhart Zoning Ordinance

Floodproofing (dry floodproofing): A method of protecting a structure that ensures that

the structure, together with attendant utilities and sanitary facilities, is watertight to the

floodproofed design elevation with walls that are substantially impermeable to the passage

of water. All structural components of these walls are capable of resisting hydrostatic and

hydrodynamic flood forces, including the effects of buoyancy, and anticipated debris impact

forces.

Floodproofing certificate: A form used to certify compliance for non-residential structures

as an alternative to elevating structures to or above the FPG. This certification must be by a

Registered Professional Engineer or Architect.

Floodway: The channel of a river or stream and those portions of the floodplains adjoining

the channel which are reasonably required to efficiently carry and discharge the peak flood

flow of the regulatory flood of any river or stream.

Floor Area - For Determining the Floor Area Ratio: The sum of the gross horizontal

areas of the floors of the structure measured from the exterior faces of the exterior wall or

from the center line of walls separating two structures. The floor area shall include all

typically occupied areas including basements when more than one-half (1/2) of the

basement height is above grade level; elevator shafts and stairwells at each floor; floor

space used for mechanical equipment; penthouses; attic space with head room of seven

and one-half (7 1/2) feet or more; interior balconies and mezzanines; enclosed porches; and

garages and carports.

The floor area of structures devoted to bulk storage of materials, including but not limited to

grain elevators and petroleum storage tanks, shall be determined on the basis of height in

feet; i.e. ten (10) feet in height shall equal one (1) floor.

Floor Area - For Determining Off-Street Parking and Loading Requirements: The sum

of the gross horizontal areas of the floors of a structure used for office, retail, wholesale or

manufacturing operations. Interior areas utilized for off-street parking or loading facilities and

basements not devoted to office, retail and manufacturing uses shall not be included in the

floor area calculation.

Floor Area Ratio (F.A.R.): The floor area of the structure or structures on a zoning lot

divided by the area of such zoning lot or, in the case of planned unit developments, by the

net site area. The floor area ratio requirements set forth in each zoning district shall

determine the maximum floor area allowable for the structure or structures.

Freeboard: A factor of safety, usually expressed in feet above the BFE, which is applied for

the purposes of floodplain management. It is used to compensate for the many unknown

factors that could contribute to flood heights greater than those calculated for the base flood.

Fringe: Portions of the floodplain lying outside the floodway.

Frontage: The length of the front lot line of a property.

Functionally dependent facility: A facility which cannot be used for its intended purpose

unless it is located or carried out in close proximity to water, such as a docking or port facility

necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or

seafood processing facilities. The term does not include long-term storage, manufacture,

City of Elkhart Zoning Ordinance

sales, or service facilities.

Garage, Commercial Vehicle: A structure which is used or intended to be used for the

storage of commercial motor vehicles.

Garage, Private: A detached accessory structure or portion of the principal structure

designed, arranged, used or intended to be used for the storage of passenger motor

vehicles of occupants of the premises.

Garage, Public: A structure, other than a private garage, where motor vehicles are parked

or stored within a structure, but not including such a structure intended to house commercial

motor vehicles.

Garage Sales: See Sales, Rummage - private and public.

Grade Level: The elevation of the ground, as established by the City Engineer, at a

structure or site.

Guest House: Living quarters within a detached accessory building, located on the same

zoning lot with the principal building, for use by temporary guests of the occupants of the

premises. Such quarters shall not be rented in any manner or otherwise used as a separate

dwelling unit.

Habitable: (Deleted as per Ordinance No. 4762 on August 1, 2003)

Hardship (as related to variances of this ordinance): The exceptional hardship that would

result from a failure to grant the requested variance. The City of Elkhart Common Council

requires that the variance is exceptional, unusual, and peculiar to the property involved.

Mere economic or financial hardship alone is NOT exceptional. Inconvenience, aesthetic

considerations, physical handicaps, personal preferences, or the disapproval of one’s

neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these

problems can be resolved through other means without granting a variance, even if the

alternative is more expensive, or requires the property owner to build elsewhere or put the

parcel to a different use than originally intended.

Hazardous Waste: Waste that is included in a list of specific hazardous waste (waste

streams, waste sources, and certain generic waste) as specified in Title 40 of the Code of

Federal Regulations (C.F.R.) Part 261, and all subsequent revisions; or waste that is

ignitable, corrosive, reactive as determined by the specific extraction procedure (E.P.) as

specified in 40 C.F.R. 261 and all subsequent revisions, or waste that is declared hazardous

by the generator on the basis of the materials or process used in producing the waste.

Hazardous Waste Facility: All contiguous land, structures, other appurtenances and

improvements on the land used for treating, storing, or disposing of hazardous waste.

Hazardous Waste Disposal Facility: A facility or part of a facility at which hazardous waste

is intentionally placed into, or on, any land or water, and at which waste will remain after

closure.

Hazardous Waste Generator: Any person or site whose act or process produces

hazardous waste identified, defined, or listed in E.P.A. regulations.

City of Elkhart Zoning Ordinance

Hazardous Waste Motor Freight Terminal: A motor freight terminal engaged in the off-site

transportation of hazardous wastes.

Highest adjacent grade: The highest natural elevation of the ground surface, prior to the

start of construction, next to the proposed walls of a structure.

Historic District: Any federally-, state, or locally-recognized historic area administered

under Section 151.075 of the City of Elkhart Code.

Historic District, Single Site: Any federally-, state, or locally-recognized historic structure

or land administered under Section 151.075 of the City of Elkhart Code.

Historic structure: Any structure individually listed on the National Register of Historic

Places or the Indiana State Register of Historic Sites and Structures.

Home Occupation: A gainful occupation or hobby customarily carried on by an occupant of

a dwelling unit. The “home occupation” shall be carried on by an occupant of a dwelling unit

as a use which is clearly incidental to the use of the dwelling unit for residential purposes.

The “home occupation” shall be carried on wholly within the principal structure or within a

structure accessory thereto and only by individuals who reside on the premises and are

members of the family occupying the premises.

No article shall be sold or offered for sale on the premises except such as is produced by the

occupation on the premises, and no mechanical or electrical equipment shall be installed or

maintained other than such as is customarily incidental to domestic use.

There shall be no exterior display, no exterior sign except as allowed by the sign regulations

for the district in which the home occupation is located, no exterior storage of materials, no

other exterior indication of the home occupation or variation from the residential character of

the principal structure, and no offensive noise, vibration, smoke, dust, odors, heat, or glare

shall be produced.

Clinics; medical, dental and other health care facilities; hospitals; auto repair shops; barber

shops and beauty parlors; millinery shops; tea rooms and restaurants; tourist homes; animal

hospitals and kennels; and uses requiring an M-1 or M-2 zoning classification shall not be

deemed to be a home occupation.

Hospital: An institution providing primary health services and medical or surgical care to

persons, primarily in-patients, suffering from illness, disease, injury, deformity, and other

abnormal physical or mental conditions and including, as an integral part of the institution,

related facilities such as laboratories, outpatient facilities, training facilities, medical offices,

and staff residences.

Hotel: A building containing separate sleeping units, each of which may have bathroom

facilities, designed for or used primarily on a temporary basis for transients.

House Trailer: See Mobile Home.

City of Elkhart Zoning Ordinance

H.U.D. Code Manufactured Dwelling: A dwelling unit designed and built in a factory, which

bears a seal certifying that it was built in compliance with the National Manufactured Housing

Construction and Safety Standards Act of 1974 [42 U.S.C. 5401].

Impervious Material: Any pavement or other material, including but not limited to concrete,

asphalt, and concrete and brick pavers, which reduces or prevents the penetration of storm

water into the ground relative to undeveloped land such as grass or other permeable

groundcover.

Increased Cost of Compliance (ICC): the cost to repair a substantially damaged structure

that exceeds the minimal repair cost and that is required to bring a substantially damaged

structure into compliance with the local flood damage prevention ordinance. Acceptable

mitigation measures are elevation, relocation, demolition, or any combination thereof. All

renewal and new business flood insurance policies with effective dates on or after June 1,

1997, will include Increased Cost of Compliance (ICC) coverage.

Instrument Runway: A runway equipped with electronic and visual air navigation aids

adequate to permit the landing of aircraft under restricted visibility conditions.

Junk Yard: An open area (excepting scrap processing yards) where waste, scrap metal,

paper, rags or similar materials are bought, sold, exchanged, stored, disassembled or

handled, including building wrecking yards but excluding similar uses taking place entirely

within an enclosed structure.

Kennel: Any zoning lot on which more than four (4) animals over four (4) months of age are

kept.

Laboratory: A structure devoted to experimental study such as testing and analyzing.

Landing Area: The area of the airport used for landing, takeoff or taxiing of an aircraft.

Letter of Map Amendment (LOMA): An amendment to the currently effective Federal

Emergency Management Agency (FEMA) map that establishes that a property is not located

in a Special Flood Hazard Area (SFHA). A Letter of Map Amendment is only issued by

FEMA.

Letter of Map Revision (LOMR): An official revision to the currently effective Federal

Emergency Management Agency (FEMA) map. It is issued by FEMA and changes flood

zones, delineations, and elevations.

Letter of Map Revision Based on Fill (LOMR-F): An official revision by letter to an effective

National Flood Insurance Program (NFIP) map. A Letter of Map Revision Based on Fill

(LOMR-F) provides the Federal Emergency Management Agency’s (FEMAs) determination

concerning whether a structure or parcel has been elevated on fill above the Base Flood

Elevation (BFE) and excluded from the Special Flood Hazard Area (SFHA).

Live/Work Unit: A building or space within a building containing an integrated living and

working space with shared access that is intended to function predominately as a

commercial business with incidental residential use for the business operator. The unit

typically has the workspace, public display area, or showroom on the ground floor of the unit

and the majority of the residence located either on an upper floor or at the back of the unit.

(as amended per Ordinance No. 5618 on August 20, 2017.)

City of Elkhart Zoning Ordinance

Loading and Unloading Area, Off Street: An open area, other than a public way, surfaced

with an all-weather, dustless, impervious, hard-surfaced pavement, the principal use of

which is the standing, loading and unloading of commercial motor vehicles, to avoid undue

interference with the public use of streets and alleys.

Lodging House: A structure, other than a hotel, motel or boarding house, where lodging

without meals is provided for compensation primarily on a long-term basis.

Logo: A letter, character, symbol, or other distinguishing mark which identifies a use.

Lot: See Zoning Lot.

Lot Area: The area of a horizontal plane bounded by the front, side, and rear lot lines.

Lot, Corner: A lot at the junction of, and fronting on two (2) or more intersecting public

streets.

Lot, Depth: The shortest distance between the front lot line and the rear of the lot,

measured in the mean direction of the side lot lines.

Lot, Interior: A lot abutting lots on both sides, whether across an alley or not.

Lot of Record: An area of land designated as a lot on a subdivision plot recorded with the

Recorder of Elkhart County, Indiana.

Lot, Reversed Corner: A corner lot, the rear of which abuts upon the side of another lot,

whether across an alley or not.

Lot, Through: A lot having frontage on two parallel or approximately parallel streets.

Lot, Zoning: See Zoning Lot.

Lot Coverage: The portion of a lot that is occupied by buildings, including accessory

buildings or structures with a roof, expressed as a percentage of the total lot area. This

does not include parking areas, driveways, and sidewalks. (as amended per Ordinance

No. 5618 on August 20, 2017.)

Lot Line: A boundary line of a zoning lot between the zoning lot and adjacent zoning lots or

public ways.

Lot Line, Front: On an interior, the lot line adjacent to the street on which an address for

the property has been assigned by the City of Elkhart; on a corner lot, the lot line separating

the narrowest street frontage of a lot from the street; on a through lot, the lot line so declared

by the Planning and Zoning Staff or which is faced by the front of the principal structure

(amended per Ordinance No. 4405 on March 1, 1999).

Lot Line, Rear: A lot line or connected lines between the ends of the side lot lines and

which is or are parallel to or approximately parallel to the front lot line.

Lot Line, Side: A lot line or connected lot lines commencing at an end of a front lot line and

terminating either at an intersection with an end of the rear lot line or at an intersection with

City of Elkhart Zoning Ordinance

the opposite side lot line, no portion of which is parallel to or approximately parallel to the

front lot line.

Lowest adjacent grade: The lowest elevation, after completion of construction, of the

ground, sidewalk, patio, deck support, or basement entryway immediately next to the

structure.

Lowest floor: The lowest of the following:

A. The top of the lowest level of the structure;

B. The top of the basement floor;

C. The top of the garage floor, if the garage is the lowest level of the structure;

D. The top of the first floor of a structure elevated on pilings or pillars; or

E. The top of the floor level of any enclosure, other than a basement, below an

elevated structure where the walls of the enclosure provide any resistance to

the flow of flood waters unless:

1). The walls are designed to automatically equalize the hydrostatic flood forces

on the walls by allowing for the entry and exit of flood waters, through

providing a minimum of two (2) openings (in addition to doorways and

windows) in a minimum of two exterior walls having a total net area of one

(1) square inch for every one square foot of enclosed area. The bottom of

all such openings shall be no higher than one (1) foot above the exterior

grade or the interior grade immediately beneath each opening, whichever is

higher; and,

2). Such enclosed space shall be usable solely for non-residential purposes and

building access.

Manufactured Home: A structure, transportable in one or more sections, which is built on a

permanent chassis and is designed for the use with or without a permanent foundation when

attached to the required utilities, including a H.U.D. Code Manufactured dwelling constructed

after January 1, 1981, and installed on a permanent, under-floor supported system and

perimeter foundation in conformity with the regulations of the Indiana One- and Two-Family

Dwelling Code (as adopted by the State of Indiana and as amended) the manufacture’s

installation specifications and the following requirements: (1) all wheels, axles, and hitch

mechanisms shall be removed; (2) manufactured homes shall be sided with materials

customarily used on site-constructed dwellings; (3) the space between the floor joists of the

home and the excavated under floor grade shall be completely enclosed with a permanent

perimeter enclosure, except for required openings. The term “manufactured home” does not

include a “recreational vehicle.”

Manufactured home park or subdivision: A parcel (or contiguous parcels) of land divided

into two or more manufactured home lots for rent or sale.

Manufactured Housing Construction and Safety Standards Code: The National

Manufactured Housing Construction and Safety Act [42 U.S.C. 5401 et. seq.], as amended

(previously known as the Federal Mobile Home and Construction Act) and rules and

City of Elkhart Zoning Ordinance

regulations adopted thereunder, which includes U.S. Department of Housing and Urban

Development (H.U.D.) approved information supplied by the home manufacturer, and

regulations and interpretations of said code by the Indiana Fire Prevention and Building

Safety Commission (amended per Ordinance No. 4405 on March 1, 1999).

Map amendment: A change to an effective National Flood Insurance Program (NFIP) map

which results in the exclusion from the Special Flood Hazard Area (SFHA) of an individual

structure or a legally described parcel of land that has been inadvertently included in the

SFHA (i.e., no alterations of topography have occurred since the date of the first NFIP map

that showed the structure or parcel to be within the SFHA).

Map panel number: The four-digit number followed by a letter suffix assigned by the

Federal Emergency Management Agency (FEMA) on a flood map. The first four digits

represent the map panel, and the letter suffix represents the number of times the map panel

has been revised. (The letter “A” is not used by FEMA, the letter “B” is the first revision.)

Market value: The building value, excluding the land (as agreed to between a willing buyer

and seller), as established by what the local real estate market will bear. Market value can

be established by independent certified appraisal, replacement cost depreciated by age of

building (actual cash value), or adjusted assessed values.

Marquee: A rooflike structure projecting over an entrance to a building.

Massage: A manual soft tissue manipulation, which includes holding, causing movement,

and/or applying pressure to the body. (amended per Ordinance No. 5044 on July 11, 2007).

Masseuse, Masseur: A person who practices massage and is a certified Massage

Therapist. (amended per Ordinance No. 5044 on July 11, 2007).

Massage Therapist: A person who practices, administers or teaches all or any of the

subjects or methods of treatment defined herein as massage therapy and meets the

following criteria: Has been awarded the national Certification for Therapeutic Massage and

Body Work and can produce the certification, or has graduated from an educational institute

of professional massage therapy instruction accredited by the state in which it is located, and

can produce a diploma, or is a licensed LPN, RN, physician, chiropractor, osteopath,

cosmetologist, esthetician, physical therapist, or assistant physical therapist, or is a student

enrolled in an educational institute of professional massage therapy instruction accredited by

the state of Indiana, performing massage therapy as a part of his/her training requirements.

(amended per Ordinance No. 5044 on July 11, 2007).

Massage Therapy: A profession in which the practitioner applies manual techniques, and

may apply adjunctive therapies, with the intention of positively affecting the health and well-

being of the client. (amended per Ordinance No. 5044 on July 11, 2007).

Massage Establishment: Any building, room, place or establishment, other than a

massage therapy school certified by the state or a regularly licensed hospital or dispensary

wherein each person who administers a massage is a qualified massage therapist as

defined herein, where massages, nonmedical, and nonsurgical manipulative exercises are

practiced upon the human body. (amended per Ordinance No. 5044 on July 11, 2007).

City of Elkhart Zoning Ordinance

Meeting Hall/Banquet Facility: A building or part of a building, operated as a for-profit

facility rented or leased for the purpose of large meetings, banquets, receptions, or other

gatherings. (As amended Ordinance No. 4683 July 10, 2002)

Mitigation: Sustained actions taken to reduce or eliminate long-term risk to people and

property from hazards and their effects. The purpose of mitigation is two fold: to protect

people and structures, and to minimize the cost of disaster response and recovery.

Mobile Home: A vehicle, including the equipment sold as a part of a vehicle which may be

used as a conveyance upon streets by either self propelled or non self propelled means

which is designed, constructed or structurally altered in such a manner as will permit

occupancy as a dwelling and which is used and occupied as a dwelling unit, but which has

no foundation other than wheels, jacks, skirting or other temporary supports.

Mobile Home Park: Any area of land in single ownership upon which one (1) or more

mobile homes are placed for purposes of occupancy in accordance with Section 9, Mobile

Home Park District.

Mobile Home Tie-Down: Device used to secure a mobile home to the ground with

sufficient anchorage to resist floatation, collapse, or lateral movement of the mobile home.

Modular Home: A dwelling which meets all requirements of the Indiana One- and Two-

Family Dwelling Code, sections of which are built in a factory and joined on a permanent

foundation.

Monopoles: A support structure constructed of a single, self supporting hollow metal tube

securely anchored to a foundation.

Motel: A structure or group of structures, other than an hotel, boarding or lodging house,

containing sleeping units, each with a bathroom facility, used primarily on a temporary basis,

with parking space conveniently located to each unit.

Motor Freight Terminal: A structure in which freight, brought to said structure by motor

truck, is sorted for further shipment by motor truck.

Motor Vehicle: A device in, upon or by which any person or property may be transported or

drawn upon a public way, except devices moved by human or other animal power or used

exclusively upon stationary rails or tracks.

Motor Vehicle, Commercial: A motor vehicle used or designed for use in pulling, towing,

hauling, transporting or as a temporary or permanent base, platform or support for

equipment, machinery, materials and/or other goods, the rated capacity of which is more

than one and one-half (1 1/2) tons of such equipment, machinery, materials, and/or goods,

including but not necessarily limited to stake body trucks, dump trucks, trucks and/or

tractors, having dual rear wheels and/or more than two (2) axles, semi-trailer tractors, semi-

trailers and trailers having dual rear wheels and/or more than one (1) axle and/or having an

overall length of more than twelve (12) feet, regardless of rated capacity and all construction

vehicles.

Motor Vehicle Impoundment Yard: Any place where two (2) or more motor vehicles,

regardless of operating condition, are kept outdoors solely for the purpose of impoundment

under proper authority.

City of Elkhart Zoning Ordinance

Motor Vehicle Repair, Major: Engine rebuilding, transmission rebuilding, rebuilding the

drive train, or major reconditioning of motor vehicles including frame, or fender straightening

or repair, and painting of vehicles when done wholly within a building, but not including

“vehicle conversion.”

Motor Vehicle Repair, Minor: Replacement of parts and other service to motor vehicle

such as tune-ups, brake replacement and adjustment, tire repair and replacement,

lubrication and oil change, muffler repair and replacement, but not including “Major Motor

Vehicle Repair.”

Motor Vehicle Sales Lot: Any premises where two (2) or more vehicles are offered for sale

or sold during any calendar year.

Motor Vehicle Service Station: A place where gasoline stored only in underground tanks,

kerosene, lubricating oil or grease and other similar products used in the servicing and/or

operation of motor vehicles are offered for sale directly to the public on the premises,

including minor accessories and services for motor vehicles but not including major motor

vehicle repairs; and including washing of motor vehicles where no chain conveyor, blower or

steam-cleaning device is employed.

Motor Vehicle Storage Yard: Any place where two (2) or more vehicles, regardless of

operating condition, are kept outdoors for the purpose of storage.

Motor Vehicle Wash: A structure or portion thereof where motor vehicles are washed but

not including such areas within motor vehicle service station.

Motor Vehicle Wrecking Yard: Any place where one (1) or more vehicles not in running

condition or otherwise legally operable on a public way, or parts thereof, are stored in the

open or any land or structure used for wrecking or storing of such motor vehicles in the open

and not for restoration of vehicles to operating condition.

National Flood Insurance Program (NFIP): The federal program that makes flood

insurance available to owners of property in participating communities nationwide through

the cooperative efforts of the Federal Government and the private insurance industry.

National Geodetic Vertical Datum (NGVD) of 1929: As corrected in 1929, a vertical control

used as a reference for establishing varying elevations within the floodplain.

New construction: Any structure for which the “start of construction” commenced after the

effective date of the community’s first floodplain ordinance.

New manufactured home park or subdivision: A manufactured home park or subdivision

for which the construction of facilities for servicing the lots on which the manufactured

homes are to be affixed (including at a minimum, the installation of utilities, the construction

of streets, and either final site grading or the pouring of concrete pads) is completed on or

after the effective date of the community’s first floodplain ordinance.

New Site Area: Total area of a parcel of land, excluding rights-of-way.

NFPA: National Fire Protection Association

(As amended Ordinance No. 4683 July 10, 2002)

City of Elkhart Zoning Ordinance

Nonconforming Lot: A lot of record which does not conform to the lot area or lot width

regulations of this ordinance.

Nonconforming Structure: A structure or portion thereof which does not comply with all of

the regulations of the district in which such structure is located.

Nonconforming Use: The use of land, structures or structures and land which does not

conform to the regulations of the district in which such use is located.

North American Vertical Datum of 1988 (NAVD 88): As adopted in 1993, a vertical control

datum used as a reference for establishing varying elevations within the floodplain.

Noxious Matter: Fumes, dust and other matter that is offensive to the human senses,

especially sight and smell.

Nursery School: A public or private school for pre-kindergarten children.

Nursing Home: A private home for the care of children or the aged or infirm, or a place of

rest and/or therapy for those suffering bodily disorders, but not including facilities for the

treatment of injuries or for surgical care.

Obstruction: Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike,

pile, abutment, protection, excavation, canalization, bridge, conduit, culvert, building, wire,

fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, across or

projecting into any watercourse which may alter, impede, retard or change the direction and/or

velocity of the flow of water; or due to its location, its propensity to snare or collect debris

carried by the flow of water, or its likelihood of being carried downstream.

Off-Street Parking Area: An area which is designated for the parking of vehicles and which

is not a public way.

One and Two Family Dwelling Code, Indiana: The mandatory statewide building code

adopted by the Indiana Administrative Building Council for one- and two-family residential

dwellings.

One-hundred year flood (100-year flood): The flood that has a one percent (1%) chance of

being equaled or exceeded in any given year. Any flood zone that begins with the letter A is

subject to the one-percent annual chance flood. See “Regulatory Flood”.

One-percent annual chance flood: The flood that has a one percent (1%) chance of being

equaled or exceeded in any given year. Any flood zone that begins with the letter A is subject

to the one-percent annual chance flood. See “Regulatory Flood”.

Opaque: Material that is not reflecting, transparent or translucent, and does not emit light.

Outdoor Sales: The sale, with or without on-site consumption, outside an enclosed building

in accordance with the standards of the zoning district in which it is located. Includes sale of

food or merchandise, however, all merchandise must be fully displayed and not stored in

boxes or other containers.

City of Elkhart Zoning Ordinance

Outside Storage (business or manufacturing): Outside Storage, display, or placement of

manufacturing raw and finished materials, manufactured goods, or business-related items in

any yard. (as amended per Ordinance 4762 on August 1, 2003)

Outside Storage (residential): Outdoor storage, display, or placement of household items,

appliances, or furniture not originally designed or manufactured for outdoor use in any yard.

(as amended per Ordinance 4762 on August 1, 2003)

Outlot: A parcel located within a larger lot developed independently of, but in conjunction

with, the primary lot utilizing common access drives and development standards.

Participating community: Any community that voluntarily elects to participate in the National

Flood Insurance Program (NFIP) by adopting and enforcing floodplain management

regulations that are consistent with the standards of the NFIP.

Performance Standard: A criterion established to regulate noise, order, smoke, toxic or

noxious matter, vibration, fire, and explosive hazards and the glare or heat generated by or

inherent in the use of land or structure.

Person: An individual, firm, partnership, corporation, company, association, joint stock

association, business trust, joint venture or body politic, including a trustee, receiver,

assignee, administrator, executor, guardian or other representative.

Physical Map Revision (PMR): An official republication of a community’s Federal Emergency

Management Agency (FEMA) map to effect changes to base (1-percent annual chance) flood

elevations, floodplain boundary delineations, regulatory floodways, and planimetric features.

These changes typically occur as a result of structural works or improvements, annexations

resulting in additional flood hazard areas, or correction to base flood elevations or Special

Flood Hazard Area (SFHAs).

Place of Worship: A church, synagogue, temple, mosque, or other facility that is used for

prayer and religious services by persons of similar beliefs; or a special purpose building that

is architecturally designed and particularly adapted for the primary use of conducting on a

regular basis formal religious services by a religious congregation.

Plan Commission: The Elkhart City Plan Commission.

Planned Unit Development: A tract of contiguous land which is to be planned and

developed as a single entity under single ownership or control.

Planning and Zoning Office: The staff of the Plan Commission and the Board of Zoning

Appeals.

Plot Plan: See Site Plan.

Pool Room: See Billiard Room.

Pool Table: See Billiard Table.

Porch: A roofed-over structure projecting out from the wall of a principal structure and

commonly open to the weather.

City of Elkhart Zoning Ordinance

Post-FIRM construction: Construction or substantial improvement that started on or after

the effective date of the initial Flood Insurance Rate Map (FIRM) of the community or after

December 31, 1974, whichever is later.

Pre-FIRM construction: Construction or substantial improvement, which started on or

before December 31, 1974, or before the effective date of the initial Flood Insurance Rate

Map (FIRM) of the community, whichever is later.

Primary Façade: Any façade on a building which includes the main pedestrian entrance.

This addition shall apply not to the Type II Development Plan Design Standards in Section

24.9 (A) of this Chapter. (as amended per Ordinance No. 4540 dated December 4, 2000).

Private Recreation Facility: A site, building, and/or structure for active physical activities by

members and/or customers and which is not free to the public, including but not limited to

the following: billiard rooms, skating rinks, arcades, swimming pools, tennis courts, and

bowling alleys. Space for spectators may also be included. (as amended per Ordinance No.

5618 on August 20, 2017.)

Probation: means of formally notifying participating communities of violations and

deficiencies in the administration and enforcement of the local floodplain management

regulations.

Public Law 360, Acts of 1971 as Amended: Enabling legislation requiring the Indiana

Administrative Building Council to adopt rules and regulations for the construction, repair,

and maintenance of factory constructed one- and two-family residential dwellings.

Public Park and Recreation Facility: A natural or landscaped area, buildings, and/or

structures, provided by a unit of government, to meet the active or passive recreational

needs of people. (as amended per Ordinance No. 5618 on August 20, 2017.)

Public safety and nuisance: Anything which is injurious to the safety or health of an entire

community, neighborhood or any considerable number of persons, or unlawfully obstructs

the free passage or use, in the customary manner, of any navigable lake, or river, bay,

stream, canal, or basin.

Public Utility: Any person or private company duly authorized to furnish to the public under

regulation by the Indiana Utility Regulatory Commission (I.U.R.C.) electricity, gas, steam,

telephone, telegraph, transportation, water, cable television and other similar services, or a

municipal department authorized to furnish such services.

Recreational vehicle: A vehicle which is (1) built on a single chassis; (2) 400 square feet or

less when measured at the largest horizontal projections; (3) designed to be self-propelled

or permanently towable by a light duty truck; (4) designed specifically for temporary use as

quarters for recreational camping, travel or seasonal use, and not for use as a permanent

dwelling. Examples include, but are not limited to boats, motor homes, and travel trailers.

Recycling Center: A facility that is not a junkyard and in which recoverable resources, such

as newspapers, glassware, and metal cans, are collected, stored, flattened, crushed, or

bundled within a completely enclosed building.

City of Elkhart Zoning Ordinance

Regular program: The phase of the community’s participation in the National Flood

Insurance Program (NFIP) where more comprehensive floodplain management

requirements are imposed and higher amounts of insurance are available based upon risk

zones and elevations determined in a Flood Insurance Study (FIS).

Regulatory flood: The flood having a one percent (1%) chance of being equaled or

exceeded in any given year, as calculated by a method and procedure that is acceptable to

and approved by the Indiana Department of Natural Resources and the Federal Emergency

Management Agency. The regulatory flood elevation at any location is as defined in Article 2

(B) of this ordinance. The "Regulatory Flood" is also known by the term "Base Flood”, “One-

Percent Annual Chance Flood”, and “100-Year Flood”.

Religious Assembly: A building or group of buildings used or proposed to be used for

people to gather together for public worship, religious training, other religious activities or

accessory uses associated with the use. (as amended per Ordinance No. 5618 on August

20, 2017.)

Repetitive loss: Flood-related damages sustained by a structure on two separate occasions

during a 10-year period ending on the date of the event for which the second claim is made,

in which the cost of repairing the flood damage, on the average, equaled or exceeded 25%

of the market value of the structure at the time of each such flood event.

Rest Homes: See Nursing Homes.

Restaurants: A structure or part of a structure where meals are prepared and sold to the

public for consumption inside the structure.

Restaurant, Carry-Out: A restaurant where meals are sold to the public for consumption

other than inside the structure.

Restaurant, Drive-In: A restaurant that delivers food and beverages for consumption by

persons in their parked cars, whether or not meals are provided for consumption inside the

structure.

Restaurant, Drive-Thru: A restaurant that delivers food and beverages, not for

consumption on the premises, to persons in their vehicles from a window, door, or other

opening in the principal structure.

Retail Sales: Establishments engaged in selling goods or merchandise to the general

public for personal or household consumption and rendering services incidental to the sale

of such goods.

Retail Service: Establishments providing services or entertainment, as opposed to

products, to the general public for personal or household use, including eating and drinking

places, hotels and motels, finance, real estate and insurance, personal service, motion

pictures, amusement and recreation services, health, educational, and social services,

museums, and galleries.

Reupholstery Shop: A business engaged in the repair or replacement of materials such as

springs, padding, cushions, and fabric for chairs, sofas, and similar furniture.

City of Elkhart Zoning Ordinance

Right-of-Way: Land which is subject to use by the general public for general transportation

purposes or conveyance of utilities including but not limited to streets, alleys, boulevards,

highways, roads and other easements, whether or not in fact improved or actually used for

such purposes.

Rooming House: See Lodging House.

Sales, Rummage – Private: A sale of used clothing and/or household items conducted

only by the immediate members of one or two families in a residence, private garage, porch,

or rear yard.

Sales, Rummage – Public: A temporary sale, conducted by a non-profit organization such

as a church or club, where members of the group bring articles or items to a central structure

to be sold to raise money for use by the organization.

SARA: Superfund Amendment and Reauthorization Act (As amended Ordinance No. 4683

July 10, 2002)

Schools: Public, charitable, or non-profit institutions offering a general academic

curriculum, including but not necessarily limited to primary and secondary schools, junior

colleges, colleges and universities, and military academies, which may also include living

quarters, dining room, restaurants, heating plants, and incidental facilities, but excluding

trade and business schools.

Scrap Processing Yard: An establishment where scrap metals are processed.

Screening: A hedge, natural planting mass, fence, wall, earthen berm, or any combination

thereof, used to reduce visual and auditory effects on adjoining uses.

Section 1316: the section of the National Flood Insurance Act of 1968, as amended, which

states that no new flood insurance coverage shall be provided for any property that the

Administrator finds has been declared by a duly constituted state or local zoning authority or

other authorized public body to be in violation of state or local laws, regulations, or

ordinances that intended to discourage or otherwise restrict land development or occupancy

in flood-prone areas.

Self-supporting Lattice Towers: A support structure, securely anchored to a concrete

foundation, constructed of vertical metal struts and cross braces forming a triangular or

square structure often tapering from the foundation to its apex.

Sheltered Living Home: A supervised home for physically or mentally disabled or

emotionally distressed persons needing a temporary or permanent sheltered living situation

in the community. The term “emotionally distressed persons” includes, but is not necessarily

limited to, expectant mothers and physically or mentally abused or battered persons.

Sign: Any name, identification, description, display, or illumination which is affixed to,

painted, or represented directly or indirectly upon a structure (including a window area), or

land which is in view of the general public and which directs attention to a person, place,

commodity, activity, institution, organization, or business. A single sign structure may be

single or double faced (two-sided).

City of Elkhart Zoning Ordinance

Sign, Banner: Any temporary sign attached to a principal building or structure by means of

a rope, string, wire, or similar material, or placed as a freestanding sign.

Sign, Billboard: See Sign, Off-Premise.

Sign, Construction: Any sign announcing the names of architects, engineers, contractors,

or other individuals or firms involved in the construction, alteration, or repair of a building.

Sign, Flag: Flags bearing the official designation of a nation, state, municipality or

organization.

Sign, Flashing: Any directly or indirectly illuminated sign that exhibits changing natural or

artificial light or color effects by any means whatsoever.

Sign, Free-standing: A sign which is completely or principally self-supported by post or

other supports independent of any building or other structure including monument and pole

signs.

Sign, Holiday: Signs or displays which contain or depict a message pertaining to a national

or state holiday and no other information.

Sign, Institutional: Any sign or bulletin board setting forth or denoting the name of, or

simple announcement for, any non-profit organization when located on the premises of the

organization including, but not limited to, churches, schools, government buildings and

facilities, non-profit agencies, museums, art galleries, and parks.

Sign, Integral: Names of buildings, dates of construction, commemorative tablets, and the

like, when carved into stone, concrete, or similar material or made of bronze, aluminum, or

other permanent type of construction and made a integral part of the building or structure.

Sign, Marquee, Canopy, or Awning: A sign displayed, maintained, or supported on an

over-hanging marquee, canopy, awning or other similar cover or shelter projecting from a

building or structure.

Sign, Monument: Any sign attached directly to the ground by a solid base and foundation

constructed of masonry, brick, stone, decorative metal, wood or other durable material.

Sign, Multi-Family Dwelling, Subdivision, or Mobile Home Park: Signs located at the

drive or entrance to multiple dwelling complexes, subdivisions or mobile home developments

identifying the name or the address of the development and containing no other information.

Sign, Nameplate: Signs which identify the owner, resident, or address of the premises

where the sign is located and contain no other information.

Sign, Office: Signs that identify professional or business offices.

Sign, Off-Premise: A sign or billboard that identifies or communicates a commercial or

non-commercial message related to an activity conducted, a service rendered or a

commodity sold at a location other than the zoning lot where the sign is affixed.

City of Elkhart Zoning Ordinance

Sign, On-Premise: A sign which directs attention to a business, commodity, service, or

entertainment conducted, sold or offered upon the premises where the sign is located or to

which it is affixed.

Sign, Permanent: Any sign permanently attached to the ground or a structure as defined

by and in accordance with the City Building Code.

Sign, Pole: Any sign supported by one or more upright poles, columns, or braces placed in

or on the ground and not attached to any building or structure.

Sign, Political: Temporary signs announcing candidates seeking public political office,

issues to be voted upon including referenda, and other data pertinent thereto.

Sign, Portable Display: A moveable electrical or non-electrical sign not permanently

attached to the ground and/or which does not comply with the City Building Code for

permanent signs. It may be characterized by being either on a trailer or self-supporting

framework made of durable construction such as metal, wood, or plastic.

Sign, Projecting: A sign, other than a wall-mounted sign, which projects perpendicularly, or

nearly so, from and is supported or attached to a wall of a building or structure.

Sign, Public Event: Temporary signs announcing any public, charitable, educational, or

religious event or function when located entirely within the premises of an institution.

Sign, Public Information: Signs indicating scenic or historical points of interest, memorial

plaques, and the like. Public signs shall contain no advertising, trademarks, business name,

or the business address.

Signs, Public Safety: Signs including safety signs, trespassing signs, traffic signs,

entrance signs and exit signs, and all signs erected by or on order of a public officer in the

performance of a public duty. Public safety signs shall contain no advertising, trademarks,

business name, or business address. One (1) logo no larger than six (6) inches by six (6)

inches may be permitted for property identification purposes.

Sign, Real Estate: Any temporary on-premise sign announcing the name of the owner,

manager, realtor, or other person directly involved in the sale or rental of the property, or

announcing the purpose or conditions for which it is being offered.

Sign, Roof Mounted: A sign erected, constructed, or maintained upon the roof of a

structure.

Sign, Rummage: Temporary sign clearly incidental to the primary use of the premises on

which they are located advertising a private or public rummage sale.

Sign, Signable Area: A two-dimensional area defining the square, rectangle or

parallelogram on the façade of a building free of architectural details on which a wall sign

would be located. The signable area shall not exceed twenty-five percent (25%) of the total

area of the facade of the building.

Sign, Surface Area: The entire area within a single continuous perimeter enclosing the

extreme limits of a sign. The perimeter shall not include any structural or framing elements

City of Elkhart Zoning Ordinance

lying outside the limits of the sign and not forming an integral part of the display. The surface

area of a double-faced sign shall be the area of the largest single face. For multi-faced signs

in which the faces are not back-to-back, the sign surface area shall be the total area of each

sign face.

Sign, Temporary: A display, banner, portable display sign, or sign with or without a

structural frame which is erected, placed, or located temporarily to announce a special

event, sale, opening, or other activity.

Sign, Wall or Wall Mounted: A sign drawn on or attached to the exterior wall of a building

or structure which does not project more than eighteen (18) inches. Individual letters, in

addition to the “box type” sign, may also be installed as a wall or wall-mounted sign.

Site Constructed Dwelling: A dwelling constructed on the premises in accordance with the

Indiana One- and Two-Family Dwelling Code (as adopted by the State of Indiana and as

amended).

Site Plan: A diagram showing dimensions and locations of existing and proposed

structures and yards.

Sleeping Unit/Room: Sleeping and living quarters, without cooking facilities, and with or

without an individual bathroom.

Social Rehabilitation Center: An institution established for the purpose of treating, on a

temporary resident or nonresident basis, persons with anti-social behavioral problems not

considered serious enough for the person(s) to be confined to an institution.

Special Exception: A use that is not listed as a permitted use in the particular district under

this Ordinance but which may be compatible with such uses and may promote the realization

of the purposes of this Ordinance if such special exception uses are restricted as to number

and location in the district and to such other conditions as may be required by the Board of

Zoning Appeals.

Special Flood Hazard Area (SFHA): Those lands within the jurisdictions of the City of

Elkhart subject to inundation by the regulatory flood. The Special Flood Hazard Areas

(SFHAs) of the City of Elkhart are generally identified as such on the Elkhart County and

Incorporated Areas Flood Insurance Rate Map prepared by the Federal Emergency

Management Agency, dated August 2, 2011. The SFHAs of those parts of unincorporated

Elkhart County that are within the extraterritorial jurisdiction of the City or that may be

annexed into the City are generally identified as such on the Elkhart County and

Incorporated Areas Flood Insurance Rate Map prepared by the Federal Emergency

Management Agency and dated August 2, 2011. (These areas are shown on a Flood

Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM) as Zone A, AE, A1-

A30, AH, AR, A99, or AO).

Start of construction: Includes substantial improvement, and means the date the

building permit was issued, provided the actual start of construction, repair, reconstruction,

or improvement was within 180 days of the permit date. The actual start means the first

placement or permanent construction of a structure (including a manufactured home) on a

site, such as the pouring of slabs or footing, installation of piles, construction of columns, or

any work beyond the stage of excavation for placement of a manufactured home on a

City of Elkhart Zoning Ordinance

foundation. Permanent construction does not include land preparation, such as clearing,

grading and filling; nor does it include the installation of streets and/or walkways; nor does

it include excavation for a basement, footings, piers, foundations, or the erection of

temporary forms. For substantial improvement, the actual start of construction means the

first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not

that alteration affects the external dimensions of the building. This definition ONLY applies

to Section 21 of the City of Elkhart Zoning Ordinance.

Storefront: A portion of the building façade which encloses the space occupied by the

store, on which is located the primary entrance to the store. (as amended per Ordinance No.

4431 on July 23, 1999)

Story: That portion of a structure included between the surface of any floor and the surface

of the floor above or, if there is no floor above, the space between the floor and the ceiling

next above. A basement shall be counted as a story when more than one-half (1/2) of such

basement height is above grade level.

Story, Half: A half story is that portion of a structure under a gable, hip or mansard roof, the

wall plates of which, on at least two opposite exterior walls, are not more than four and one-

half (4 1/2) feet above the finished floor of such story.

Stream Bed: The stream bed of a water way as indicated on Indiana Department of Natural

Resources (I.D.N.R.), Division of Water, Map 1967, as amended or any replacement

therefor prepared or adopted by I.D.N.R.

Street: A public way other than an alley or a right-of-way or easement for public utility

purposes upon which motor vehicles travel.

Street, Arterial: A street that serves major centers of activity and high traffic volume

corridors; carries a major portion of traffic entering, leaving and moving through the city; and

for which access to adjoining land is subordinate to the movement of traffic. Arterial streets

within the City of Elkhart are those so defined by the City of Elkhart Public Works and

Utilities Department.

Street, Collector: A street that provides both property access and traffic circulation within

residential, commercial or industrial areas and distributes traffic between local and arterial

streets. Collector streets within the City of Elkhart are those so defined by the City of Elkhart

Public Works and Utilities Department.

Structural Modification: Any alteration, repair, enlargement or extension of an existing

structure. Such structural modification is considered to occur when the first alteration of any

wall, ceiling, floor or other structural element of the structure commences. This term does

not, however, include either:

A. Any project for improvement of a structure to comply with existing health, sanitary or

safety code specifications; or

B. Any alteration of a structure listed on the National Register of Historic Places or the

Indiana State Survey of Historic, Architectural, Archeological and Cultural Sites,

Structures, Districts and Objects.

City of Elkhart Zoning Ordinance

Structure: Anything constructed or erected, the use of which requires it to be located

above or on the ground or be attached to an object that is located on the ground. This shall

include all “buildings” (principal and accessory) as defined in the Zoning Ordinance, signs,

towers, antennas, storage tanks, tennis courts, parking lots, and other similar things, but

excluding public utility lines and poles.

For purposes of Section 21 of the Zoning Ordinance, “Structure” shall be defined as

follows:

Structure: means a structure that is principally above ground and is enclosed by

walls and a roof. The term includes a gas or liquid storage tank, a manufactured

home, or a prefabricated building. The term also includes recreational vehicles to be

installed on a site for more than 180 days.

Structure, Temporary: A structure which is placed at a site for less than six (6) months.

Temporary offices associated with on-site construction are permitted by right in all zoning

districts for the duration of construction on that site.

Subdivision: The division of land into two or more lots, whether or not the land was

previously divided, in accordance with the City of Elkhart Subdivision Ordinance.

Substance Abuse: The habitual or compulsive consumption of alcohol or use of illegal

drugs or misuse of prescription drugs by an individual. Substance abuse clinics or

institutions are set up to assist individuals with substance abuse problems into recovery from

these addictions.

Substantial Damage: Damage of any origin sustained by a structure whereby the cost of

restoring the structure to its before damaged condition would equal or exceed fifty percent

(50%) of the market value of the structure (excluding the value of the land) before damage

occurred.

Substantial Improvement: Any reconstruction, rehabilitation, addition or other

improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the

market value of the structure (excluding the value of the land) before the ”start of

construction” of the improvement. This term includes structures which have incurred

“substantial damage” regardless of the actual repair work performed. The term does not

include improvements of structures to correct existing violations of State or Local health,

sanitary or safety code requirements or any alteration of a “historic structure” provided that

the alteration will not preclude the structure's continued designation as a “historic structure.”

Substantial improvement: Any reconstruction, rehabilitation, addition, or other

improvement of a structure, the cost of which equals or exceeds 50 percent of the market

value of the structure before the "start of construction" of the improvement. This term

includes structures that have incurred “repetitive loss” or “substantial damage" regardless

of the actual repair work performed. The term does not include improvements of structures

to correct existing violations of state or local health, sanitary, or safety code requirements

or any alteration of a "historic structure", provided that the alteration will not preclude the

structures continued designation as a "historic structure".

Suspension: The removal of a participating community from the NFIP because the

community has not enacted and/or enforced the proper floodplain management regulations

City of Elkhart Zoning Ordinance

required for participation in the National Flood Insurance Program (NFIP).

Swimming Pool: An artificial or semi-artificial basin or tank, including all appurtenant

equipment, structures and facilities, for the purpose of impounding water to a depth of more

than two and one-half (2 1/2) feet for the immersion of human beings.

Tank: Any vessel containing more than 50 gallons. (As amended Ordinance No. 4683 July

10, 2002)

Tattoo Parlor: Any room or space where tattooing is performed or the business of tattooing

is conducted. Tattooing means the placement in human tissue of: 1) any indelible design,

letter, scroll, figure, symbol or other mark placed with the aid of needles or other instruments;

or 2) any design, letter, scroll, figure or symbol done by scarring upon or under the skin.

Tourist Home: See Lodging House.

Townhouse: A residential building containing multiple dwelling units, each of which has

primary ground floor access to the outside and which are attached to each other by party

walls without openings

Toxic Substance: Those pollutants or combinations of pollutants, including disease-

causing agents, which, after discharge and upon exposure, ingestion, inhalation, or

assimilation into any organism, either directly form the environment or indirectly by ingestion

through the food chains, will on the basis of information available to the Planning and Zoning

Staff, cause death, disease, behavioral abnormalities, cancer, genetic mutations,

physiological malfunctions (including malfunctions in reproduction) or physical deformations

in such organisms or their offspring. (As amended Ord. No. 4683 July 10, 2002)

Trade School: A privately owned school, not conducted by or under the sponsorship of a

charitable organization, which teaches industrial arts.

Trailer, Travel: See Recreational Vehicle.

Underground: Located below the natural grade of the site. (As amended Ordinance No.

4683 July 10, 2002)

Use, Accessory: A use incidental to, and on the same lot as, a principal use.

Use, Principal: The main use of land or structures as distinguished from subordinate or

accessory use.

Van Conversion: See Vehicle Conversion.

Variance: Grant of relief from the requirements of this ordinance, which permits

construction in a manner otherwise prohibited by this ordinance where specific

enforcement would result in unnecessary hardship.

Vehicle: A device which is used to move people, items, or its own structure including, but

not limited to, motor vehicles, trailerable vehicles, travel trailers, mobile homes, and

recreational vehicles.

City of Elkhart Zoning Ordinance

Vehicle Conversion: The process of modifying motor vehicles, commercial motor vehicles,

or recreational vehicles to cause substantial change to the vehicle’s interior or exterior for

the purpose of sale. Modification includes but is not limited to, upholstery work, customized

painting, or the installation of custom windows.

Vehicle Display Area: Any property which is used for the placement of vehicles for the

purposes of sale, rental, lease or financial remuneration.

Vehicle Holding Area: Any property which is used for the placement of vehicles pending

either repair, determination of repair or total loss, or awaiting fabrication or shipment from

vehicle assembly or conversion manufacturer as an accessory use to any business involved

in major or minor motor vehicle repair, body shop, vehicle manufacturing, or vehicle

conversion.

Violation: The failure of a structure or other development to be fully compliant with this

ordinance. A structure or other development without the elevation, other certification, or

other evidence of compliance required in this ordinance is presumed to be in violation until

such time as that documentation is provided.

Watercourse: A lake, river, creek, stream, wash, channel or other topographic feature on

or over which waters flow at least periodically. Watercourse includes specifically

designated areas in which substantial flood damage may occur.

Water surface elevation: The height, in relation to the North American Vertical Datum of

1988 (NAVD 88) or National Geodetic Vertical Datum of 1929 (NGVD) (other datum where

specified) of floods of various magnitudes and frequencies in the floodplains of riverine

areas.

Wheel Stops: A concrete, metal, or wooden barrier not less than four inches in height used

in parking areas at each parking space sufficient to prohibit vehicular movement through the

parking space, properly anchored and maintained as per city specifications.

X zone: The area where the flood hazard is less than that in the SFHA. Shaded X zones

shown on recent Flood Insurance Rate Maps (FIRMs) (B zones on older FIRMs) designate

areas subject to inundation by the flood with a 0.2 percent chance of being equaled or

exceeded (the 500-year flood). Unshaded X zones (C zones on older FIRMs) designate

areas where the annual exceedance probability of flooding is less than 0.2 percent.

Yard: A portion of a zoning lot lying either in front of, at the side of, or at the rear of the

principal structure on the lot, unoccupied except for a driveway and/or those fences and/or

other obstructions permitted therein under Section 26 and extending from a lot line a

minimum distance into the lot perpendicular to the lot line, as required in the zoning district in

which the lot is located.

Yard, Corner Side: The side yard abutting a street in which the required setback is the

same as that for the front yard. There shall be no structures, no open storage of materials or

equipment, no parking of vehicles (except at one and two family dwelling units), and no

paved parking spaces, aisles, or drives.

Yard, Front: A yard extending the full width of the zoning lot and situated between the front

lot line and a line parallel thereto and passing through the nearest point of the structure.

City of Elkhart Zoning Ordinance

There shall be no structures, no open storage of materials or equipment, no parking of

vehicles (except at one- and two-family dwelling units), and no paved parking spaces, aisles,

or drives.

Yard, Rear: A yard extending the full width of the zoning lot lying between the rear line of

the lot and the nearest point of the principal structure. In a through lot, the Rear Yard shall

not include any area which would constitute either a front yard, or a side yard if the lot were

not a through lot.

Yard, Sale: See Sales, Rummage.

Yard, Side: A yard lying between the nearest point of the principal building and a side lot

line extending from the required front yard to the rear yard, or to the opposite front yard in

the case of a through lot.

Zone: A geographical area shown on a Flood Hazard Boundary Map (FHBM) or Flood

Insurance Rate Map (FIRM) that reflects the severity or type of flooding in the area.

Zone A: (see definition for A zone)

Zone B, C, and X: Areas identified in the community as areas of moderate or minimal

hazard from the principal source of flood in the area. However, buildings in these zones

could be flooded by severe, concentrated rainfall coupled with inadequate local drainage

systems. Flood insurance is available in participating communities but is not required by

regulation in these zones. (Zone X is used on new and revised maps in place of Zones B

and C.)

Zoning Lot: A piece, parcel, plot or tract of land designated by its owner or developer to be

used, developed or built upon as a unit under one ownership or control. (as amended per

Ordinance No. 5618 on August 20, 2017.)

Zoning Maps: The maps or maps incorporated into this Ordinance. (as amended per

Ordinance No. 4457 on December 8, 1999)

City of Elkhart Zoning Ordinance

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City of Elkhart Zoning Ordinance

SECTION 3

DISTRICTS AND BOUNDARIES

Sections

3.1 Official Zoning Map

3.2 Interpretation of District Boundaries

3.3 Land Hereafter Annexed to the City

3.4 Establishment of Districts

3.1 Official Zoning Map

The locations and boundaries of the districts established herein are shown upon the Official

Zoning Map which is part of this Ordinance. The Official Zoning Map, together with all

notations, references and other information shown thereon and all amendments thereto,

shall be part of this Ordinance and shall have the same force and effect as if fully set forth

herein. Said map shall be located in the Elkhart City Planning and Zoning Office and a

certified copy thereof shall be on file with the Elkhart City Clerk and shall be open to public

reference at all times during normal business hours.

A. The Official Zoning Map shall be identified by the signature of the Mayor, attested by

the City Clerk, and bear the seal of the City and the effective date of this Ordinance.

B. If changes are made in district boundaries or other matters portrayed on the Official

Zoning Map by amendment, such changes shall be made by the Planning and

Zoning Staff when the amending Ordinance authorizing such changes becomes

effective. (As amended Ord. No. 4683 July 10, 2002)

C. Regardless of the existence of purported copies of the Official Zoning Map which

may from time to time be made or published, the Official Zoning Map located in the

Planning and Zoning Office shall be the final authority as to the current zoning

status.

D. No changes of any nature shall be made in the Official Zoning Map or any matter

shown thereof except in conformity with the procedures and requirements of this

Ordinance. It shall be unlawful for any person to make any unauthorized change in

the Official Zoning Map.

E. If the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret

because of the nature or number of changes, the City Council may, by resolution,

adopt a new Official Zoning Map or portion thereof which shall supersede the prior

map or portion.

The new Official Zoning Map may correct drafting or other errors or omissions in the prior

map, but no map adopted by resolution shall have the effect of amending the Official Zoning

Map.

City of Elkhart Zoning Ordinance

3.2 Interpretation of District Boundaries

Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning

Map, the following rules shall apply:

A. Boundaries indicated as approximately following the center lines of rights-of-way

shall be construed to follow such center lines.

B. Boundaries indicated as approximately following platted lot lines shall be construed

as following such lot lines.

C. Boundaries indicated as approximately following city limits shall be construed as

following such city limits.

D. Boundaries indicated as following railroad lines shall be construed to follow the

center line of the right-of- way.

E. Boundaries indicated as following shore lines or bodies of water shall be construed

to follow such shore lines. Boundaries indicated as approximately following the

center lines of streams, rivers, canals, lakes or other bodies of water shall be

construed to follow such center lines. In the event of change in the shore line or

center line, such line shall be construed as moving with the actual shore line or

center line.

F. Boundaries indicated as parallel to or extensions of features indicated in

Subsections A through E above shall be so construed. Distances not specifically

indicated on the Official Zoning Map shall be determined by the scale of the map.

G. Where physical features existing on the ground are at variance with those shown on

the Official Zoning Map or in other circumstances not covered by Subsections A

through E above, the Planning and Zoning Staff shall interpret the district

boundaries. (As amended Ord. No. 4683 July 10, 2002)

H. Where a district boundary line divides a zoning lot which was in existence as such lot

at the effective date of this Ordinance, the Planning and Zoning Staff shall make a

determination as to the appropriate zoning category for the zoning lot and adjust the

boundary line accordingly. (As amended Ord. No. 4683 July 10, 2002)

3.3 Land Hereafter Annexed to the City

A. All land annexed to the City of Elkhart after the effective date of this Ordinance shall,

at the time of annexation, retain the use district classification name and planned unit

development district provided in the Elkhart County Zoning Ordinance, as amended,

except that all agricultural use districts in said County Zoning Ordinance shall

automatically be classified under this Ordinance in the R-1 One-Family Dwelling

district until such classification is changed by the City Council. Where discrepancies

occur between the district regulations of the Elkhart County and Elkhart City Zoning

Ordinances, the Elkhart City Zoning Ordinance shall apply after the effective date of

annexation.

B. All special exceptions and any other special district rights granted by the Elkhart

County Board of Zoning Appeals shall be retained upon annexation.

City of Elkhart Zoning Ordinance

C. Any use or activity conducted in compliance with regulations of the Elkhart County

Zoning Ordinance but which, at the effective date of annexation to the City, would

not be in compliance with the regulations of this Ordinance may be continued and

regulated in the same manner as other nonconformities of this Ordinance.

D. Any use or activity which, at the effective date of annexation to the City, is contrary to

the provisions both of this Ordinance and the Elkhart County Zoning Ordinance shall

constitute a violation of the applicable provisions of this Ordinance.

3.4 Establishment of Districts

The City is divided into the following districts:

A. Use Districts

1. Residential Districts:

R-1, One-Family Dwelling District

R-2, One-Family Dwelling District

R-3, Two-Family Dwelling District

R-4, Multiple-Family Dwelling District

R-5, Urban Residential District

MHP, Mobile Home Park District

2. Business Districts:

O, Office District

B-1, Neighborhood Business District

B-2, Community Business District

B-3, Service Business District

B-4, Regional Business District

CBD, Central Business District

OP, Office Park District

BP, Business Park District

3. Manufacturing Districts:

M-1, Limited Manufacturing District

M-2, General Manufacturing District

4. PUD Planned Unit Development District

B. Overlay Districts

1. DP, Development Plan Overlay District

2. FP, Special Flood Hazard Area Overlay District

3. WC, Wetlands Conservation Overlay District

4. AC, Air Space Control Area Overlay District

City of Elkhart Zoning Ordinance

SECTION 4

R-1, ONE-FAMILY DWELLING DISTRICT

Section

4.1 Purpose

4.2 Permitted Uses

4.3 Special Exception Uses

4.4 Yard Requirements

4.5 Development Conditions

4.6 Supplemental Regulations

4.1 Purpose

The R-1 District is designed to provide for the lowest density single-family residential

development requiring larger lot width and area. The intent is to protect and conserve

existing and future residential development, particularly in more recently developed areas.

4.2 Permitted Uses

A. One-Family detached dwellings with a minimum width of 24 feet and a minimum of

one-thousand two hundred fifty (1,250) square feet of dwelling unit space, in which

case the ground floor shall consist of no less than 850 square feet of such dwelling

unit space. The primary façade of the structure shall face a public street. (as

amended per Ordinance No. 4542 dated December 4, 2000 & as amended per

Ordinance 4762 on August 1, 2003).

1. Site-constructed dwellings.

2. Modular homes, placed on a permanent foundation.

3. Manufactured homes, placed on a permanent foundation.

B. Home occupations.

C. Temporary Structures, used for construction site purposes for a period not to exceed

six (6) months.

D. Accessory structures and uses

E. Not more than four (4) domestic animals over sixteen (16) weeks of age.

F. Sales, rummage - private or public (see Section 4.5, Development Standards).

G. Police and Fire Stations, located along a primary or thoroughfare street.

H. Sheltered living homes licensed by the State of Indiana.

I. Radio towers owned by federally licensed amateur radio operators. (as amended

per Ordinance No. 4457 on December 8, 1999).

City of Elkhart Zoning Ordinance

4.3 Special Exception Uses

A. Cemeteries

B. Places of worship

C. Golf courses and country clubs, including associated buildings.

D. Fraternal or religious institutions.

E. Public libraries, located on a collector or arterial street.

F. Day Care Home

G. Day Care Center, located on a collector or arterial street.

H. Nursing Homes/Assisted Living Centers

I. Community Centers

J. Public utilities and public service uses, including but not limited to: public utility

facilities, railroad facilities, sewage treatment plant, telephone exchange, water

filtration plants, water pumping stations, and water reservoirs.

K. Police and Fire Stations, if on a lot not abutting a primary or thoroughfare street.

L. School, elementary and secondary, public or private, including auxiliary playgrounds

and athletic fields.

M. Sheltered living homes not licensed by the State of Indiana.

N. Bed and Breakfast Home.

O. Parks and playgrounds.

P. Off- or on-site parking lots and driveways (including street access) used in

connection with business, office, manufacturing or special exception uses.

Q. Private clubs or lodges not run as businesses.

R. Funeral Homes, Crematories and Similar Services. (as amended per Ordinance No.

4431 on July 23, 1999)

4.4 Yard Requirements

The yard requirements for the R-1, One-Family Dwelling District are as follows: (All

standards are minimums except as noted.)

City of Elkhart Zoning Ordinance

“Corner Side Yard: The Corner Side Yard setback is determined by measuring the

average established setback of the structures within the same block between two

intersecting streets. This calculation would equal the established front yard setback for

the side street.”

Lot Size

Frontage

Setbacks

Maximum

Structure

Height

Maximum Lot

Coverage for

Structures

Front Yard

Side Yards

Rear

Yard

9,500

square

feet

75 feet

Established

setbacks; or

25 feet if no

established

setback

20 feet total,

minimum of 7

feet on any

side

17 feet

between

Dwelling

Units

feet**

see

below

30 feet;

or 40 feet with a

25 foot total side

yard, minimum

10 feet on any

side, and 20 feet

between

dwelling units.

(amended

Ord.#4985,

9/22/2006

40% total for

all structures

** Rear Yard 30 feet or established setbacks if adjacent to a river or creek. (as amended per

Ordinance 4762 on August 1, 2003)

The Planning Staff may approve an increase in height of up to seventy (70) feet for a radio

tower that is:

Structurally attached to primary structures;

(2) Owned by federally licensed amateur ham radio operators; and

(3) When it has been demonstrated by study that the additional height is

necessary for effective operation of the radio tower. (as amended per

Ordinance No. 4457 on December 8, 1999).

4.5 Development Standards

Rummage Sales.

A. Private

1. No such sale shall be conducted for longer than three (3) consecutive days,

nor more than fifteen (15) days in any calendar year by any of the same

persons or on the same property.

2. No articles or items purchased for resale shall be offered for sale.

3. Motor vehicles, boats, trailers and industrial or commercial equipment shall

not be offered for sale on the premises in conducting this sale.

City of Elkhart Zoning Ordinance

4. No articles or items for sale shall be displayed within ten (10) feet of a public

right-of-way nor within six (6) feet of a side yard lot line.

5. At the close of each day and not later than 8:00 p.m. on such day all articles

not sold shall be removed from the front and side yards.

B. Public

No such sale shall continue for more than fourteen (14) consecutive days or more

than forty (40) days in any calendar year.

4.6 Supplemental Regulations

A. Special Flood Hazard Area Regulations - Section 21

B. Wetlands Conservation District Regulations - Section 22

C. Air Space Control Area Regulations - Section 25

D. Accessory Structures and Swimming Pool Requirements - Section 26.1

E. Permitted Obstructions in Required Yards - Section 26.3

F. Fence Requirements - Section 26.4

G. Intersection Visibility Area Requirements - Section 26.5

H. Primary Street Setback Requirements - Section 26.5

I. Off-Street Parking and Loading Requirements - Section 26.7

J. Sign Regulations - 26.10

City of Elkhart Zoning Ordinance

SECTION 5

R-2, ONE-FAMILY DWELLING DISTRICT

Section

5.1 Purpose

5.2 Permitted Uses

5.3 Special Exception Uses

5.4 Yard Requirements

5.5 Supplemental Regulations

5.1 Purpose

The R-2 District is designed to provide for low density single family residential development

on narrower lots in urbanized or urbanizing areas.

5.2 Permitted Uses

A. Any use permitted in the R-1, One-Family Dwelling District

B. Single family detached residences located on a permanent foundation with a

minimum width of 24 feet and a minimum of nine hundred fifty (950) square feet of

dwelling unit space, in which case the ground floor shall consist of no less than 600

square feet of such dwelling unit space. The primary façade of the structure shall

face a public street. (as amended per Ordinance No. 4542 dated December 4, 2000

& as amended per Ordinance 4762 on August 1, 2003).

5.3 Special Exception Uses

Special Exceptions listed in the R-1, One-Family Dwelling District.

5.4 Yard Requirements

The yard requirements for the R-2, One-Family Dwelling District are as follows: (All

standards are minimums except as noted.)

“Corner Side Yard: The Corner Side Yard setback is determined by measuring the

average established setback of the structures within the same block between two

intersecting streets. This calculation would equal the established front yard setback for

the side street.”

Lot Size

Frontage

Setbacks

Maximum

Structure

Height

Maximum Lot

Coverage for

Structures

Front Yard

Side

Yards

Rear

Yard

Established lot

size; or 7,200

square feet if no

established lot

size. Established

lot size shall

Established

frontage; or 60

feet if no

established

frontage.

Established

setbacks; or 20

feet if no

established

setback

7 feet

30 feet

**see

below

35 feet

(amended

per Ord. No.

4985

9/22/2006)

40% total for all

structures

City of Elkhart Zoning Ordinance

never be less

than 5,800

square feet.

frontage shall

never be less

than 45 feet.

** Rear Yard 30 feet or established setbacks if adjacent to a river or creek. (as amended per

Ordinance 4762 on August 1, 2003)

5.5 Supplemental Regulations

A. Special Flood Hazard Area Regulations - Section 21

B. Wetlands Conservation District Regulations - Section 22

C. Air Space Control Area Regulations - Section 25

D. Accessory Structures and Swimming Pool Requirements - Section 26.1

E. Permitted Obstructions in Required Yards - Section 26.3

F. Fence Requirements - Section 26.4

G. Intersection Visibility Area Requirements - Section 26.5

H. Primary Street Setback Requirements - Section 26.5

I. Off-Street Parking and Loading Requirements - Section 26.7

J. Sign Regulations - 26.10

City of Elkhart Zoning Ordinance

SECTION 6

R-3, TWO-FAMILY DWELLING DISTRICT

Section

6.1 Purpose

6.2 Permitted Uses

6.3 Special Exception Uses

6.4 Yard Requirements

6.5 Supplemental Regulations

6.1 Purpose

The R-3 District is designed to provide for low to medium density single and two family

residential development in urbanized areas.

6.2 Permitted Uses

A. Any use permitted in the R-2 One-Family Dwelling District.

B. Two-Family dwellings, with a minimum width of 24 feet and a minimum of seven

hundred fifty (750) square feet of dwelling unit space per dwelling unit. The primary

façade of the structure shall face a public street. (as amended per Ordinance No.

4542 dated December 4, 2000 & as amended per Ordinance 4762 on August 1,

2003).

6.3 Special Exception Uses

A. Special Exceptions listed in the R-2, One-Family Dwelling District.

B. Licensed home or facility for substance abuse rehabilitation.

C. Offices of charitable organizations.

6.4 Yard Requirements

The yard requirements for the R-3, Two-Family Dwelling District are as follows: (All

standards are minimums except as noted.)

“Corner Side Yard: The Corner Side Yard setback is determined by measuring the

average established setback of the structures within the same block between two

intersecting streets. This calculation would equal the established front yard setback for

the side street.”

Use

Lot

Size

Frontage

Setbacks

Maximum

Structure

Height

Maximum Lot

Coverage for

Structures

Front Yard

Side Yards

Rear

Yard

One-

Family

6,000

square

50 feet

Established

setbacks;

15 feet

total, 5

10 feet

between

30 feet

40% total for all

structures

City of Elkhart Zoning Ordinance

Use

Lot

Size

Frontage

Setbacks

Maximum

Structure

Height

Maximum Lot

Coverage for

Structures

Front Yard

Side Yards

Rear

Yard

feet

or 20 feet if

established

setback.

feet

minimum

dwelling

units

Two-

Family

7,200

square

feet

60 feet

Established

setbacks;

or 20 feet if

established

setback.

15 feet

total, 5

feet

minimum

10 feet

between

dwelling

units

30 feet

**see

below

30 feet

40% total for all

structures

** Rear Yard 30 feet or established setbacks if adjacent to a river or creek. (as amended per

Ordinance 4762 on August 1, 2003)

6.5 Supplemental Regulations

A. Special Flood Hazard Area Regulations - Section 21

B. Wetlands Conservation District Regulations - Section 22

C. Air Space Control Area Regulations - Section 25

D. Accessory Structures and Swimming Pool Requirements - Section 26.1

E. Permitted Obstructions in Required Yards - Section 26.3

F. Fence Requirements - Section 26.4

G. Intersection Visibility Area Requirements - Section 26.5

H. Primary Street Setback Requirements - Section 26.5

I. Off-Street Parking and Loading Requirements - Section 26.7

J. Sign Regulations - 26.10

City of Elkhart Zoning Ordinance

SECTION 7

R-4, MULTIPLE FAMILY DWELLING DISTRICT

Section

7.1 Purpose

7.2 Permitted Uses

7.3 Special Exception Uses

7.4 Yard Requirements

7.5 Supplemental Regulations

7.1 Purpose

The R-4 District is designed to provide for new multiple family residential development.

7.2 Permitted Uses

A. Any use permitted in the R-3, Two-Family Dwelling District, except one- and two-

family dwellings.

B. Multiple-family dwellings

C. Dormitories, sorority and fraternity houses.

D. Radio towers owned by federally licensed amateur ham radio operators.

(as amended per Ordinance No. 4457 on December 8, 1999).

7.3 Special Exception Uses

A. Special exceptions listed in the R-3, Two-Family Dwelling District.

B. Hospitals and clinics.

7.4 Yard Requirements

The yard requirements for the R-4, Multiple-Family Dwelling District are as follows: (All

standards are minimums except as noted.)

“Corner Side Yard: The Corner Side Yard setback is determined by measuring the

average established setback of the structures within the same block between two

intersecting streets. This calculation would equal the established front yard setback for

the side street.”

Use

Lot Size

Frontage

Setbacks

Maximum

Structure

Height

Maximum

Lot

Coverage

for

Structures

Floor

Area

Ratio

Front

Yard

Side Yards

Rear

Yard

Multi-

Family

A minimum of

10,000 square

feet including at

least 1,500

100 feet

feet

10 feet for

each side

yard. 1

additional

feet

**see

65 feet

40% total for

all structures

3.0

City of Elkhart Zoning Ordinance

Use

Lot Size

Frontage

Setbacks

Maximum

Structure

Height

Maximum

Lot

Coverage

for

Structures

Floor

Area

Ratio

Front

Yard

Side Yards

Rear

Yard

square feet for

each efficiency

unit or sleeping

room; and at

least 2,500

square feet for

each other

dwelling unit

foot for

every 2 feet

in height

above 35

feet.

below

** Rear Yard 30 feet or established setbacks if adjacent to a river or creek. (as amended per

Ordinance 4762 on August 1, 2003)

The Planning Staff may approve an increase in height of up to seventy (70) feet for a

radio tower that is:

(1) Structurally attached to primary structures;

(2) Owned by federally licensed amateur ham radio operators; and

(3) When it has been demonstrated by study that the additional height is necessary

for effective operation of the radio tower. (As amended per Ordinance No. 4457

on December 8, 1999).

7.5 Development Conditions

Landscape Requirements

In addition to the requirements specified in Section 26, “Development Standards”

the following landscape requirements shall apply:

1. In the event a property to be developed in this district is adjacent to a

residentially zoned or used property along a common side or rear lot,

whether separated by an alley or not, the following landscape area shall be

provided:

Parcel Size

Width of Required Landscape Area

< 1 acre

8 feet

1 to 3 acres

12 feet

> 3 acres

15 feet

The landscaped area shall consist of a combination of ornamental or shade

trees, shrubs and ground cover. At least fifty percent (50%) of the common

lot line landscape area shall contain shrubs and/or trees. A minimum of one

(1) tree per every thirty (30) feet of common lot line shall be provided.

City of Elkhart Zoning Ordinance

2. All dumpsters located in a side or rear yard abutting a residentially zoned or

used property shall be screened by a solid six (6) foot high fence, wall or

dense evergreen hedge. Fences and walls shall be consistent with the

architecture of the development or principal building.

7.6 Supplemental Regulations (as amended per Ordinance No. 4431 on July 23, 1999)

(as amended per Ordinance No. 4456 on November 5, 1999)

A. Special Flood Hazard Area Regulations - Section 21

B. Wetlands Conservation District Regulations - Section 22

C. Air Space Control Area Regulations - Section 25

D. Accessory Structures and Swimming Pool Requirements - Section 26.1

E. Landscape and Screening Requirements - Section 26.2

F. Permitted Obstructions in Required Yards - Section 26.3

G. Fence Requirements - Section 26.4

H. Intersection Visibility Area Requirements - Section 26.5

I. Primary Street Setback Requirements - Section 26.5

J. Off-Street Parking and Loading Requirements - Section 26.7

K. Sign Regulations - 26.10

City of Elkhart Zoning Ordinance

SECTION 8

R-5 URBAN RESIDENTIAL DISTRICT

Section

8.1 Purpose

8.2 Permitted Uses

8.3 Special Exceptions

8.4 Conditional Uses

8.5 Yard Requirements

8.6 Supplemental Regulations

8.1 Purpose

The R-5 District is designed to control development and redevelopment in existing older

residential neighborhoods originally created primarily for single family residences. Over the

years many of these neighborhoods have experienced an increase in the intensity of use

due to the conversion of older single family residences to two or more residential unit

structures. The goal of this district is to ensure this development does not create a detriment

to the neighborhood due to inadequate parking and infrastructure, undersized lots and

general incompatibility with the surrounding neighborhood. Limitations on permitted uses

and specific criteria for increasing use intensities are incorporated to protect the integrity and

viability of these older established neighborhoods.

8.2 Permitted Uses

A. One-family dwellings located on a permanent foundation with a minimum width of 24

feet and a minimum of nine hundred fifty (950) square feet of dwelling unit space, in

which case the ground floor shall consist of no less than 600 square feet of such

dwelling unit space. The primary façade of the structure shall face a public street.

(as amended per Ordinance No. 4542 dated December 4, 2000 & as amended per

Ordinance 4762 on August 1, 2003).

B. Home occupations

C. Temporary structures, used for construction site purposes for a period not to exceed

six (6) months.

D. Accessory structures and uses

E. Not more than four (4) domestic animals over sixteen (16) weeks of age

F. Sheltered living homes licensed by the State of Indiana.

G. Radio towers owned by federally licensed amateur radio operators.

(As amended per Ordinance No. 4457 on December 8, 1999).

H. Two-family dwellings (as amended per Ordinance No. 4960 on April 10, 2006)

City of Elkhart Zoning Ordinance

I. Multiple-family dwellings up to and including six (6) units (as amended per Ordinance

No. 4960 on April 10, 2006)

8.3 Special Exception Uses

A. Cemeteries

B. Places of worship

C. Schools, colleges and libraries

D. Day care home

E. Day care center, located on a collector or arterial street

F. Nursing homes and assisted living facilities

G. Private clubs or lodges

H. Public utilities and service uses

I. Sheltered living homes not licensed by the State of Indiana

J. Bed and Breakfast Homes

K. Hospitals

L. Parks, playgrounds, and community centers

M. Funeral Homes, Crematories and Similar Services (as amended per Ordinance No.

4431 on July 23, 1999)

8.4 Conditional Uses

A. The following uses shall require approval by the Board of Zoning Appeals as

conditional uses within the R-5 district:

1. Professional and governmental offices and offices of charitable organizations

2. Boarding and lodging homes

3. Dormitories

4. Fraternity and sorority houses

(1-4 as amended by Ordinance No. 4960 on April 10, 2006)

B. Supplementary Information

In addition to the information required in Section 29.8, "Conditional Uses", an

application for a conditional use shall include the following supplementary

information: (as amended per Ordinance No. 4431 on July 23, 1999)

City of Elkhart Zoning Ordinance

1. Documentation from the City Public Works and Utilities Department that

sufficient capacity exists within the public infrastructure system (sanitary

sewer and water) and on site (surface drainage retention) to support the

proposed development;

2. Number, size and location of paved on-site parking spaces as required by

the City Zoning Ordinance, including screening;

3. Percent of lot remaining as open space excluding all structures, drives and

parking areas; and

4. Use of all structures within two hundred (200) feet of the petitioned property.

C. Board of Zoning Appeals Review

In order to grant approval of a conditional use in the R-5 District, the Board of Zoning

Appeals must find that the following standards, together with the standards

applicable to conditional uses specified in Section 29.7, have been met:

1. The proposed conditional use is consistent with existing neighborhood

density;

2. The proposed conditional use is compatible with existing neighborhood uses

and character;

3. The proposed development (including all structures, drives and parking

areas) will not occupy more than sixty percent (60%) of the total lot area;

4. Sufficient capacity exists both within the public infrastructure system (sanitary

sewer and water) and on site (surface drainage retention) to support the

proposed development; and

5. The proposed conditional use will not adversely affect the stability and

viability of the existing residential neighborhood.

8.5 Yard Regulations

The yard requirements for the R-5, Urban Residential District are as follows: (All standards

are minimums except as noted.)

“Corner Side Yard: The Corner Side Yard setback is determined by measuring the

average established setback of the structures within the same block between two

intersecting streets. This calculation would equal the established front yard setback for

the side street.”

Use

Lot Size

Frontage

Setbacks

Maximum

Structure

Height

Maximum Lot

Coverage for

Structures

Front Yard

Side

Yards

Rear Yard

City of Elkhart Zoning Ordinance

Use

Lot Size

Frontage

Setbacks

Maximum

Structure

Height

Maximum Lot

Coverage for

Structures

Front Yard

Side

Yards

Rear Yard

One-

Family

6,000

square feet

50 feet

Conform to

established

building

setbacks

7 feet for

each side

yard

30 feet**

see below

Conform to

average height

of existing

structures on

the block

40% total for all

structures, except

as specified for

conditional uses

Two-

Family

7,200

square feet

60 feet

Multi-

Family

A minimum

of 7,500

square feet

including at

least 1,500

square feet

for each

efficiency

unit or

sleeping

room; and at

least 2,500

square feet

for each

other

dwelling unit.

10 feet

for each

side yard

All

Other

Uses

10,000

square feet

** Rear Yard 30 feet or established setbacks if adjacent to a river or creek. (as amended per

Ordinance 4762 on August 1, 2003)

The Planning Staff may approve an increase in height of up to seventy (70) feet for a radio

tower that is:

(1) Structurally attached to primary structures;

(2) Owned by federally licensed amateur ham radio operators; and

(3) When it has been demonstrated by study that the additional height is necessary

for effective operation of the radio tower. (as amended per Ordinance No. 4457

on December 8, 1999).

8.6 Supplemental Regulations

A. Special Flood Hazard Area Regulations - Section 21

B. Wetlands Conservation District Regulations - Section 22

C. Air Space Control Area Regulations - Section 25

D. Accessory Structures and Swimming Pool Requirements - Section 26.1

E. Permitted Obstructions in Required Yards - Section 26.3

City of Elkhart Zoning Ordinance

F. Fence Requirements - Section 26.4

G. Intersection Visibility Area Requirements - Section 26.5

H. Primary Street Setback Requirements - Section 26.5

I. Off-Street Parking and Loading Requirements - Section 26.7

J. Sign Regulations - 26.10

City of Elkhart Zoning Ordinance

SECTION 9

MHP MOBILE HOME PARK DISTRICT

Section

9.1 Purpose

9.2 Permitted Uses

9.3 Yard Requirements

9.4 Development Conditions

9.5 Procedure for Submission of Plans

9.6 Supplemental Regulations

9.1 Purpose

The Mobile Home Park District is designed to provide for the placement of single and double

wide mobile homes, not placed on a permanent foundation, within a large scale unified

development under single ownership. Specific standards are included to promote

developments that are single family residential in character and which minimize

incompatibilities with surrounding land uses.

9.2 Permitted Uses

A. Mobile homes, qualifying as H.U.D. Code Manufactured Dwellings.

B. Community buildings serving the development including child day care centers, dry

cleaning and laundry, neighborhood commercial uses, and indoor recreation

facilities.

C. Mobile home sales and management offices, when located in the interior of the park

and limited to three percent (3%) of the total park area.

D. Home Occupations

E. Parks and Playgrounds

F. Accessory Structures and Uses

G. Temporary Structures, used for construction site purposes for a period not to exceed

six (6) months.

H. Daycare Home or Center serving only residents of the park.

I. Public Utilities and Service Uses

9.3 Yard Requirements

The yard requirements for the MHP, Mobile Home Park District are as follows: (All standards

are minimums except as noted.)

City of Elkhart Zoning Ordinance

Lot Size

Lot

Width

Setbacks

Maximum

Structure

Height

Maximum

Lot

Coverage

for

Structures

Unit Spacing

Front

Yard

Side Yards

Rear

Yard

5,000

square

feet

20 feet

7 feet with 2

side yards or 14

feet with a zero

lot line

10 feet

30 feet

30% by

mobile

home; 40%

by all

structures

A 14-foot

spacing shall be

maintained

between all

units.

9.4 Development Conditions

A. General Requirements

1. It shall be unlawful for any person to park, place or locate or permit the

parking, placing or locating of any occupied mobile home within the City

except in a mobile home park.

2. It shall be unlawful for any person to park, place or locate or permit the

parking, placing or locating of any unoccupied mobile home within the City

except on a mobile home sales lot.

3. It shall be unlawful for a person to establish, construct, alter or enlarge a

mobile home park on land located in the City unless such land is zoned

MHP. Prior to construction or issuance of permit, a final site plan shall be

submitted to the Plan Commission for review and approval at a public

hearing.

4. All mobile home parks shall comply, where applicable, with the Flood Plain

District regulations, Section 21, Special Flood Hazard Area Overlay District.

B. Site Conditions

1. No mobile home shall be used for any purpose other than that of a single

family dwelling or office for the developer. Further, no commercial enterprise

shall be carried on within the confines of the mobile home park other than

specifically enumerated under the conditions of the MHP zoning district and

the final site plan.

2. Minimum area of a mobile home park shall be fifteen (15) acres with the first

phase not less than five (5) acres. The maximum density shall be five (5)

mobile homes per acre.

3. Individual mobile home sites within a mobile home park shall not be sold or

transferred; however, the entire park may be sold or transferred to a new

owner.

City of Elkhart Zoning Ordinance

C. Standards for Mobile Home Parks

1. Landscaping

a. The outer boundaries of a mobile home park shall contain a buffer

zone.

This buffer zone shall consist of a greenbelt strip, not less than thirty

(30) feet in width, located along all park boundaries. Such greenbelt

shall be composed of coniferous and deciduous (minimum of sixty

percent (60%) coniferous) trees which shall have an ultimate height

of at least fifteen (15) feet and shrubs that shall have a minimum

height of three (3) feet or more after one full growing season and will

eventually grow to a height of not less than eight (8) feet. The exact

number of trees and shrubs shall be as specified on the approved

site plan. Existing plant material may serve in whole or in part as the

required buffer upon approval of the final site plan.

b. Ground cover shall be provided where needed to prevent erosion.

c. Each mobile home lot shall include two (2) trees at least two (2)

inches diameter at breast height (d.b.h.).

2. Mobile Home Spaces

a. The mobile home park shall be divided into lots with permanent

markers indicating the corners of each lot.

b. Setback lines, yard requirements and lot coverage.

i. All mobile homes shall be set back at least fifty (50) feet from

any public right-of-way outside the development and at least

twenty (20) feet from any private drive or public street within

the development.

ii. No mobile home or structure shall be located closer than forty

(40) feet to the boundaries of the development.

iii. Accessory structures shall not be within three (3) feet of any

side or rear lot line.

3. Recreation

a. In all parks there shall be one or more recreation areas which shall

be easily accessible to all residents. The size of such recreation

areas shall not be less than eight percent (8%) of the gross site area.

b. Recreation facilities, such as playgrounds, swimming pools and

community buildings, should be provided to the extent necessary to

meet the anticipated needs of the residents of the park. Such

facilities shall meet all applicable City regulations.

City of Elkhart Zoning Ordinance

c. Recreation areas shall be centrally located and away from traffic

hazards.

4. Street and Drive Requirements

a. Entrances to a mobile home park shall abut a public street and shall

be designed to allow free movement of traffic onto such public street.

Streets within the park shall be laid out to discourage through traffic.

Entrance ways shall have radii adequate for safe and convenient

ingress and egress.

b. All streets and drives within any mobile home park shall have an

approved cross section with a paved surface of twenty-five (25) feet

measured from back of curb to back of curb.

c. All cul-de-sacs shall have a minimum radius of sixty (60) feet to the

outer edge of the pavement.

d. All streets and drives shall be provided with a smooth, graded,

drained, sealed and paved durable surface commencing from the

public street to and throughout the park.

e. All streets and drives shall be maintained by the mobile home park

owner and shall be free of holes and other hazards.

g. Concrete curb and gutter shall be provided along the outside edge of

all streets, drives and parking area pavements.

h. All streets and drives shall be constructed to City specifications.

i. Names shall be assigned to all streets and drives appearing on the

final plan and shall be approved by the Fire Department. All mobile

home stands shall be systematically identified as they appear on the

final plan.

j. Driveway Requirements

i. Driveways shall be provided on the site where necessary for

convenient access to service entrances of buildings.

ii. Driveways shall be a minimum of ten (10) feet wide.

5. Parking Requirements

a. At least two (2) off-street parking spaces nine (9) feet by eighteen

(18) feet each shall be provided on each mobile home site.

b. No parking shall be permitted on any street or drive.

c. The developer shall provide a minimum of one (1) visitor parking

space for every five (5) home lots. Visitor spaces may be located in

City of Elkhart Zoning Ordinance

one centrally located site or may be equally distributed throughout the

park.

6. Mobile Home Stands

a. Each mobile home stand shall be either:

i. A reinforced concrete pad of suitable thickness to support the

home and appurtenances or the runners with rebar rods, but

shall not be less than four (4) inches thick; or

ii. A foundation on suitable concrete footings at least thirty-six

(36) inches below grade with suitable cross-bracing provided

and all remaining open spaces filled with sand or gravel or

other suitable material.

b. Adequate drainage grading away from mobile home shall be

provided.

7. Permanent Structures

a. Buildings shall comply with applicable zoning and building regulations

and be approved by the Plan Commission.

b. A separate area shall be provided, which is fenced, screened or

otherwise enclosed, for the storage of residents’ camping trailers,

boats, snowmobiles and other similar items. These items shall not be

stored in any other area of the mobile home park.

8. Dependent Mobile Homes and Occupied Travel Trailers Prohibited

a. A mobile home without bath and kitchen facilities is prohibited in all

mobile home parks.

b. Occupied travel trailers are prohibited in mobile home parks, except

as noted in Section 9.4(7) (a) above.

9. Pedestrian Ways

a. A common concrete walk system shall be provided and maintained

on both sides of all streets within the park. Such common walk shall

have a minimum width of four (4) feet.

b. All mobile homes shall be connected by concrete or paved individual

walks with a minimum width of three (3) feet to common walks or

parking areas.

10. Mobile Home Installation

a. The mobile home shall be anchored and tied down in compliance

with industry standards, and in a manner sufficient to resist flotation,

collapse, or lateral movement of the home.

City of Elkhart Zoning Ordinance

b. Mobile homes located in Flood Hazard Areas shall be anchored in

accordance with industry standards or standards established by

FEMA, whichever are more restrictive.

c. All mobile homes shall have skirting.

d. All hitches shall be removed from all mobile homes after placement

has been completed on the mobile home site.

11. Storage

Each lot shall have a minimum of fifty (50) square feet of storage area,

whether it be in a central building or in an enclosed accessory structure on

the lot.

12. Utilities

All utilities shall be underground except control instrumentation and

substations, which must be screened by plantings or ornamental walls.

13. Lighting

All lots shall contain one yard light. Street lights shall be provided at all

intersections and a minimum five hundred (500) foot spacing as needed

between intersections.

14. Other Requirements

Every mobile home park shall also comply with all applicable laws and

regulations of the State of Indiana and its administrative agencies.

9.5 Procedure for Zoning and Site Plan Approval

A. Preliminary Filing

Any developer proposing a mobile home park in the City shall submit to the Planning

and Zoning Office a legal description of the property and a preliminary site plan of

the proposed park. The preliminary filing is to permit staff the opportunity to review

and comment on the proposed plans prior to filing.

B. A final site plan shall be filed with the rezoning application.

C. Final Site Plan

Fifteen (15) copies shall be submitted to the Plan Commission. An additional

seventeen (17) copies, including any required revisions, shall be submitted following

Plan commission action for City Council review. The plan shall include the following

items:

1. Name and address of applicant, name and address of owner of property,

name and address of person preparing the plan.

City of Elkhart Zoning Ordinance

2. Location map and legal description of development.

3. Site plan of proposed area containing the following information:

a. Proposed name of the development;

b. Date, scale and north arrow;

c. Contour information at vertical intervals of not less than two (2) feet

with reference to U.S. Geodetic Survey (U.S.G.S.) datum;

d. Indication of gross land area of the park and a computation of the

density of the park;

e. Drawing indicating how surface water drainage will be handled;

f. Drawing indicating location of available sanitary sewer and water,

and how park will be served;

g. Location of all proposed fire hydrants;

h. Statement of restrictions contemplated, if any, such as:

i. Placement of oil tanks, storage sheds, fences and patios;

ii. Skirting;

iii. Pets;

iv. Parking;

v. Boats and outside storage;

vi. Children.

i. Elevation of water table, percolation data and description of soil type;

j. Layout and width of all streets;

k. Service building and maintenance building;

l. Playgrounds;

m. Mobile home space and mobile home stands;

n. Parking spaces, driveways and sidewalks;

o. Boundaries, fencing and screen planting, including types of plant

materials;

p. Street lighting;

City of Elkhart Zoning Ordinance

q. Landscaping;

r. Typical lot detail;

s. Tentative letter from State Board of Health and State Pollution Board

as to sanitary sewer and water distribution system;

t. Statement of review and tentative approval by City Traffic Engineer of

all accesses onto public streets; and

u. Any other information deemed necessary by the Plan Commission.

D. Submission to Plan Commission and City Council

1. The site plan shall be reviewed and approved by the Plan Commission and

City Council as part of the zoning application. As a condition of approval

either the Plan Commission or the City Council may require modifications to

the site plan to insure compliance with the standards of this ordinance and to

promote the purpose of this district.

2. Following zoning approval by the City Council, construction of the mobile

home park shall be in accordance with the approved site plan.

E. Amendments to Approved Site Plan

1. The planning staff may review and approve proposed minor amendments

provided that the changes:

a. Maintain the purpose and intent of the approved plan; and

b. Do not result in the addition, deletion, or relocation of approved curb

cuts onto public streets or cross access drives onto adjoining

properties; increase the density or size of the mobile home park;

reduce or alter the perimeter treatment of the site; additions to the

approved uses of the park; reduce approved setbacks for buildings,

homes, structures, and other site elements; or create a significant

impact on surrounding properties.

Such review shall be completed with ten (10) working days of

submittal.

2. All other amendments shall be deemed major and must be reviewed and

approved by the Plan Commission following a public hearing.

9.6 Supplemental Regulations

A. Special Flood Hazard Area Regulations - Section 21

B. Wetlands Conservation District Regulations - Section 22

C. Air Space Control Area Regulations - Section 25

City of Elkhart Zoning Ordinance

D. Accessory Structures and Swimming Pool Requirements - Section 26.1

E. Landscape and Screening Requirements - Section 26.2

F. Permitted Obstructions in Required Yards - Section 26.3

G. Fence Requirements - Section 26.4

H. Intersection Visibility Area Requirements - Section 26.5

I. Primary Street Setback Requirements - Section 26.5

J. Off-Street Parking and Loading Requirements - Section 26.7

K. Sign Regulations - 26.10

City of Elkhart Zoning Ordinance

SECTION 10

O, OFFICE DISTRICT

Section

10.1 Purpose

10.2 Permitted Uses

10.3 Special Exception Uses

10.4 Conditional Uses

10.5 Yard Requirements

10.6 Development Conditions

10.7 Supplemental Regulations

10.1 Purpose

The O District is designed to allow for the development of small scale professional office

uses near areas zoned or utilized for residential purposes. The intent is to permit efficient

land usage while protecting and maintaining the character of neighboring residential areas.

The O District can serve as a transitional area between residential and businesses uses.

10.2 Permitted Uses

A. Professional and business offices including but not limited to dentists, doctors,

medical practitioners, designers, engineers, accountants, lawyers, real estate

brokers and appraisers, utility business offices, business offices related to local

services, loan and mortgage offices, and insurance representative offices.

B. Beauty Salons and Barber Shops (as amended per Ordinance No. 4462 on January

13, 2000.)

C. Libraries (as amended per Ordinance No, 4462 on January 13, 2000.)

D. Government offices (as amended per Ordinance No. 4462 on January 13, 2000.)

E. Police and fire stations located on primary or thoroughfare streets (as amended

per Ordinance No. 4462 on January 13, 2000.)

F. Therapeutic Massage and/or Massage Therapy when conducted in a massage

establishment by a professional masseuse/masseur, who has completed training at

a state certified school of massage and who has earned certification as a “Massage

Therapist” or similar designation. (as amended per Ordinance No. 5044 on July 11,

2007.)

10.3 Special Exception Uses

Police and fire stations not located on primary or thoroughfare streets.

10.4 Conditional Uses

One-Family dwellings when associated with an office use.

City of Elkhart Zoning Ordinance

10.5 Yard Requirements

Yard requirements for the O, Office District are as follows: (All standards are minimums

except as noted.)

“Corner Side Yard: The Corner Side Yard setback is determined by measuring the

average established setback of the structures within the same block between two

intersecting streets. This calculation would equal the established front yard setback for

the side street.”

Lot Size

Frontage

Setbacks

Maximum

Structure

Height

Maximum Lot

Coverage for

Structures

Front Yard

Side Yards

Rear Yard

10,000

square

feet

75 feet

The

established

building

setback or 25

feet if no

established

setback

10 feet

20 feet

35 feet

40% total for

structures; 60%

total for

structures, drives,

and parking areas

10.6 Development Conditions

A. The office establishment in this district shall be conducted principally in daylight

hours and shall not create a nuisance in neighboring residential districts from noise,

smoke, odor, or traffic.

B. Uses within this district shall front onto a collector or arterial street.

C. Landscape Requirements:

In addition to the requirements specified in Section 26, Development Standards, the

following landscape requirements shall apply:

1. In the event a property to be developed in this district is adjacent to a

residentially zoned or used property along a common side or rear lot line,

whether separated by an alley or not, a ten (10) foot landscaped area shall

be provided consisting of a combination of ornamental or shade trees,

shrubs, and ground cover. At least fifty percent (50%) of the common lot line

landscape area shall contain shrubs and/or trees. A minimum of one (1) tree

per every forty (40) feet of common lot line shall be provided.

2. All business and office service areas (loading docks/doors, dumpsters,

mechanical equipment, etc.) located in a side or rear yard abutting a

residentially zoned or used property shall be screened by a solid six (6) foot

high fence, wall or dense evergreen hedge. Fences and walls shall be

consistent with the architecture of the development or principal building. Any

vegetative or architectural screening located along a side property line shall

City of Elkhart Zoning Ordinance

not extend beyond the front façade of the residential structure located on the

adjacent lot.

10.7 Supplemental Regulations

A. Special Flood Hazard Area Regulations - Section 21

B. Wetlands Conservation District Regulations - Section 22

C. Air Space Control Area Regulations - Section 25

D. Accessory Structures and Swimming Pool Requirements - Section 26.1

E. Landscape and Screening Requirements - Section 26.2

F. Permitted Obstructions in Required Yards - Section 26.3

G. Fence Requirements - Section 26.4

H. Intersection Visibility Area Requirements - Section 26.5

I. Primary Street Setback Requirements - Section 26.5

J. Off-Street Parking and Loading Requirements - Section 26.7

K. Sign Regulations - 26.10

City of Elkhart Zoning Ordinance

SECTION 11

B-1 NEIGHBORHOOD BUSINESS DISTRICT

Section

11.1 Purpose

11.2 Permitted Uses

11.3 Special Exception Uses

11.4 Yard Requirements

11.5 Development Conditions

11.6 Supplemental Regulations

11.1 Purpose

The B-1 District is designed to accommodate convenient and accessible business and

service establishments with less than seven thousand five hundred (7,500) square feet of

floor area. The intent is to serve the daily convenience needs of surrounding residential

neighborhoods.

11.2 Permitted Uses

A. Bakery Shop, to include only the baking and processing of food products for retail

sale only on the premises.

B. Barber and Beauty Shops

C. Book Store

D. Candy/Ice Cream Shop

E. Delicatessen

F. Drug Store

G. Dry Cleaning, pick up or delivery

H. Florist

I. Food Store, Retail

J. Laundromat

K. Medical and Dental Offices and Clinics

L. Offices, business and professional

M. One residential dwelling located above or to the rear of a commercial use if occupied

by the owner of the commercial use or the owner of the property.

(amended per Ordinance No. 4405 on March 1, 1999)

City of Elkhart Zoning Ordinance

N. Restaurant or Cafe, excluding drive-in restaurant, serving non-alcoholic beverages

only, and including outdoor dining up to fifty percent (50%) of the interior seating.

O. Police and fire stations, located on a primary or thoroughfare street

P. Post office branch

Q. Other retail sales and service businesses serving the immediate neighborhood

R. Funeral Homes, Crematories and Similar Services (as amended per Ordinance No.

4431 on July 23, 1999)

S. Therapeutic Massage and/or Massage Therapy when conducted in a massage

establishment by a professional masseuse/masseur, who has completed training at

a state certified school of massage and who has earned certification as a “Massage

Therapist” or similar designation. (as amended per Ordinance No. 5044 on July 11,

2007.)

11.3 Special Exception Uses

A. Churches

B. Convents, monasteries, rectories, parish houses

C. Parks, playgrounds, and community centers

D. Public utilities and public service uses including but not limited to:

1. Fire Station, located on streets other than Primary or Thoroughfare

2. Police Station, located on streets other than Primary or Thoroughfare

3. Public Utility Facilities

E. Recreational Buildings, public or non-profit

F. Public schools, elementary and secondary

G. Sheltered Living Home

H. Meeting Hall/Banquet Facility

(As amended Ordinance No. 4683 July 10, 2002)

11.4 Yard Requirements

Yard requirements for the B-1, Neighborhood Business District are as follows: (All standards

are minimums except as noted.)

“Corner Side Yard: The Corner Side Yard setback is determined by measuring the

average established setback of the structures within the same block between two

intersecting streets. This calculation would equal the established front yard setback for

the side street.”

City of Elkhart Zoning Ordinance

Lot Size

Frontage

Setbacks

Maximum

Structure

Height

Maximum

Lot

Coverage

for

Structures

Floor

Area

Ratio

Front Yard

Side Yards

Rear Yard

Minimum

Established

building

setback or

15 feet if no

established

setback

10 feet for

building; 6

feet for

drives

(amended

#5044

7.11.2007)

20 feet for

building; 6

feet for

drives

(amended

#5044

7.11.2007)

35 feet

50%

11.5 Development Conditions

A. The business activity must be conducted wholly within a completely enclosed

building.

B. The business establishment shall not offer goods, service, food, beverages, or make

sales directly to customers in motor vehicles.

C. All businesses shall be of a retail or service character, selling to or performing

services directly for the ultimate customer.

D. No business establishment in this district shall create a nuisance from noise, smoke,

or odor.

E. Landscape Requirements: