§ 105-27. Exemptions.

This chapter shall not apply to the following uses, development, redevelopment, modifications, or maintenance:

(1)

The creation of new single-family residential structures.

(2)

Additions and modifications to existing single-family residential structures, including structures incidental or accessory to single-family residential uses.

(3)

Building repair or maintenance of non-single-family residential structures including painting, replacement of siding, roofing, replacement of windows, including similar incidental modifications, provided said modification is reasonably consistent with the external appearance of the existing structure. Significant color modifications, increase/decrease in window area, or changes in materials shall be subject to the requirements contained herein.

(4)

Interior modifications that do not change the use of the structure, increase usable areas, or otherwise increase the intensity of the use.

(5)

Demolition of existing structures not identified as "outstanding" or "notable" within the City of Mishawaka Summary Report, Indiana Historic Sites and Structures Inventory.

(6)

Public improvements, projects, construction, and redevelopment efforts supported by tax dollars undertaken by the city located on city-owned property, public parks, rights-of-way, or easements. However, the city shall be required to consider the intent and requirements of this chapter for any improvement, or redevelopment effort located within a geographic area subject to the requirements contained herein.

(7)

All property and structures that are legally existing, or have received final site plan approval, before the effective date of the ordinance from which this chapter is derived shall be considered legally nonconforming. Subsequent modifications, additions, demolition, new construction, and changes in appearance need only meet the provisions of this chapter in accordance with section 105-40.

(Code 1985, § 161.12; Ord. No. 4469, 12-20-1999)