Beverly Shores City Zoning Code

GENERAL PROVISIONS

§ 155.001 TITLE, PURPOSE AND PROVISIONS DECLARED MINIMUM REQUIREMENTS.

(A) This chapter shall be known and may be cited as the Ordinance Establishing Zoning and Subdivision Regulations for the Town of Beverly Shores, Indiana.

(B) This chapter is adopted in connection with and as a chapter for the enforcement of the Comprehensive Plan adopted by the Plan Commission and Town Council of the Town of Beverly Shores, Indiana. In administering this chapter and its various provisions, the persons or board charged with the enforcement of the Zoning Chapter shall be guided by and give due consideration to the following concerns:

(1) To promote the public health, safety, comfort, morals and general welfare of the Town of Beverly Shores in light of the town's reliance on private wells and septic systems and the lack of a tax base for a public water and sewer system in the foreseeable future;

(2) To conserve the values of property throughout the Town of Beverly Shores and to preserve the character, ambience and stability of residential areas and to ensure that landscape continues to be generally dominate over the improvements;

(3) To encourage the conservation of natural contours, vegetation, wildlife and all the scenic qualities of the area of the sand dunes and all associated and related geographical elements which are so unique and valuable to the balance of nature. The special value of Beverly Shores is that it is one of the few towns which contains beautiful and unique ecological specimens;

(4) To provide adequate light, air, privacy and convenience of access to property and safety from flood, fire and other dangers;

(5) To lessen or avoid congestion on the public streets and highways in the Town of Beverly Shores and surrounding areas;

(6) To regulate and restrict the location and use of buildings, structures and lands to residences, buildings and other uses, and to restrict the intensity of those uses and to maintain an appropriate balance between building scale and the local environmental setting;

(7) To divide the Town of Beverly Shores into districts of a number, shape and area according to the use of land and buildings, as may be deemed best suited to carry out the purpose of this chapter;

(8) To prohibit locations and uses of buildings or structures and uses of land that are incompatible with the type of development planned for specific zoning districts in the Town of Beverly Shores;

(9) To prevent additions to and alterations or remodeling of existing buildings or structures in a way so as to avoid the restrictions and limitations lawfully imposed herein under;

(10) To protect against fire, explosion, noxious fumes and other dangers;

(11) To fix reasonable standards to which buildings and structures shall conform;

(12) To provide for the gradual elimination of those uses that would not be permitted in the district in which they are located and are adversely affecting the orderly and beneficial development of the Town of Beverly Shores;

(13) To define and limit the powers and duties of administrative officers and bodies as herein provided;

(14) To prescribe penalties for the violation and provide methods for the enforcement of the provisions of this chapter or any amendment thereto; and

(15) To give special consideration to the unique character of Beverly Shores resulting from the combination of private and public land within the town boundaries.

(C) In their interpretation and application, the provisions of this chapter shall be held to establish minimum requirements, adopted for the promotion of the public health, safety and the general welfare. Wherever the requirements of this chapter are at variance or in any other way conflict with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive, or that imposing the higher standards, shall govern.

(Ord. 208, passed 12-19-1983)

§ 155.002 AMENDMENTS TO THIS CHAPTER.

(A) Amendments to this chapter; generally.

(1) Prior to any change or amendment the Commission shall give notice and hold a public hearing on the proposed ordinance change or amendment. At least 10 days prior to the date set for hearing the Commission shall have published in 1 newspaper of general circulation in Porter County the notice of time and place of the hearing.

(2) A petitioner who seeks to amend this chapter or other Comprehensive Plan elements shall file a petition with the Plan Commission. The petitioner or petitioners shall consist of the owner or owners of at least 50% of the area involved in the petition.

(3) Nine copies of the petition must be submitted to the Plan Commission.

(4) All petitions not initiated by the Commission itself shall be accompanied by a non-refundable filing fee to defray the administrative and investigative expenses of the Commission, made payable to the Clerk-Treasurer of the Town of Beverly Shores as specified in § 155.065.

(5) The petition shall include:

(a) The subject of the petition;

(b) The name(s) and address(es) of the petitioner(s);

(d) Legal description of the property and common description (common address);

(e) The present zoning of the property;

(f) Covenants running with the property relative to the petition;

(g) The reason for the petition; and

(h) Other plats and plans consistent with divisions (5)(a) through (d).

(6) Once the petition has been set for public hearing, all property owners within a 300-foot radius of the petition site or across the right-of-way shall be notified of the time and place of the public hearing. This shall be done by certified letter at the expense of the petitioner or by personal contact with the property owners and proof of the contact shall be furnished by the petitioner. The petitioner will provide proof that he or she has conformed to the above at the public hearing.

(7) The petitioner at his or her expense shall cause the notice or the public hearing to be published in 1 newspaper of general circulation in Porter County.

(8) No petition shall be accepted by the President for hearing unless accompanied by or included with all information, data, statistics and/or plats.

(B) Agenda for public hearing on amendments to this chapter.

(1) Each action to be presented before the Commission shall be filed in proper form with the required data; shall be numbered serially and placed on the docket of the Commission. The docket numbers shall include the year and begin a new on January 1 of each year.

(2) As soon as the case receives a docket number, it shall be placed on the agenda of the Commission and a date set for public hearing.

(3) Cases shall come before the Commission in the regular order of their consecutive numbers unless otherwise ordered by the Commission.

(1) The Commission President shall call for the reading of the petition by the Secretary;

(2) The petitioner shall present the facts and arguments in support of his or her case;

(3) The Commission may question the petitioner;

(4) The Commission President shall open the public hearing;

(5) Each of those who oppose the petition shall have 1 opportunity to speak. To do so, one must address the Chair and be recognized before speaking on the subject of the petition:

(a) The proponent or remonstrator must give his or her name and address; and

(b) The President may limit a duly recognized speaker's time.

(6) The President shall close the public hearing after the Commission has adequately heard from the remonstrators and proponents;

(7) The President shall call for the reading of written remonstrances by the Secretary;

(8) The petitioner may summarize arguments;

(9) The Commission may question further;

(10) Vote;

(11) In the presentation of a case the burden shall be upon the petitioner to supply all information including charts, plats, diagrams and other exhibits necessary for a greater understanding of the problem. The Commission may continue the hearing when in its judgment the petitioner has not provided sufficient evidence and information in which to make a determination;

(12) Every person appearing before the Commission shall abide by the order and directions of the President. Discourteous, disorderly or contemptuous conduct shall be regarded as a breach of the privileges of the Commission and those responsible for the action shall be removed from the premises;

(13) The Commission, at its discretion, may continue or postpone the hearing of any case upon an affirmative vote of a majority of the Commission;

(14) All petitioners must share the burden of providing 1 or more of the following points to the satisfaction of the Commission:

(a) That there was an error in the original zoning of the property when the chapter was adopted;

(b) That the character of the area under consideration has changed either through technological advances or developmental changes;

(d) That if the change were granted it would promote orderly community growth; and/or

(e) That the petition will not create spot zoning which will confer a special benefit on a relatively small tract without commensurate benefit to the community.

(15) Upon having satisfied itself that the petitioner has met the requirements of division (A) above, the Commission shall pay reasonable regard to: (i) the Comprehensive Plan; (ii) current conditions and the character of current structures and uses in each district; (iii) the most desirable use for which the land in each district is adapted; (iv) the conservation of property values throughout the town; and (v) responsible development and growth; and shall, in light of those considerations, then decide whether or not the proposed change meets the following standards:

(a) That the proposed change will not adversely affect the community;

(b) That the zoning district will not be disrupted or destroyed;

(c) That the topography, soil condition and other physical features of the land involved are suitable for the proposed use and zoning change; and

(d) That the proposed land use will not have an adverse affect upon the surrounding land.

(Ord. 208, passed 12-19-1983; Am. Ord. 08-11, passed 11-17-2008)

§ 155.003 DEFINITIONS.

(A) When not inconsistent with the context, words used in the present tense include the future tense, words in the singular number include the plural number and words in the plural number include the singular number. The word SHALL is always mandatory and not merely directory. The term PERSON shall mean an individual, partnership, corporation or other association or their agents.

(B) Any word or term not herein defined shall be construed as defined in Webster's Unabridged Dictionary Third Edition.

(C) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESSORY BUILDING. A building or portion of a building which is subordinate to a main building on the same lot and which is exclusively occupied by or devoted to an accessory use.

ACCESSORY SIGN. A general informational sign provided it bears no commercial information.

ACCESSORY USE. A use customarily and exclusively incidental and subordinate to the main use of the premises.

ADVERTISING SIGN. Any sign, excluding business signs, which directs or attracts attention to a product, place, activity, person, institution or business in a commercial fashion.

ALLEY. A dedicated public right-of-way, other than a street that affords a secondary means of access to abutting property.

ALTERATION. A change in size, shape, occupancy or use of a structure.

ANIMATED SIGN. Any sign using or incorporating any moving parts or moving flashing (intermittent) lights.

APARTMENT. A dwelling unit located in a building other than a single-family or 2-family dwelling.

APARTMENT BUILDING. A building designed for, or intended to be used as, a residence for 3 or more families living in separate housekeeping units, each unit containing 2 or more rooms and including kitchen, toilet and bath facilities.

APARTMENT HOTEL. An apartment building under resident supervision which maintains an inner lobby through which all tenants must pass to gain access to their apartments and which provides services ordinarily furnished by hotels.

APARTMENT HOUSE. A residential structure containing 2 or more apartments. (Same as MULTIPLE-FAMILY DWELLING).

APPAREL STORES. Stores selling new clothing for men, women or children at retail.

APPLIANCE REPAIRS. The repairing and servicing of common household appliances such as washing machines, television sets, power tools, electric razors, radios and refrigerators and repair of the same types of appliances as are sold on the premises where the repairs are incidental or accessory to the sale of those types of appliances.

ARCHITECTURAL FEATURES. Architectural features of a building shall include cornices, eaves, gutters, belt courses, sills, lintels, bay windows, chimneys and decorative ornaments.

AUTO ACCESSORY STORES. Stores engaged primarily in the business of selling tires, batteries, seat covers and other automobile accessories.

AUTOMOBILE SERVICE STATION. A building or structure designed or used for the retail sale or supply of fuels (stored only in underground tanks), lubricants, air, water and other products for motor vehicles, aircraft or boats, which building or structure may include the facilities for the installation of products on or in vehicles, and also may include space for storage, minor repair and servicing, but not painting, refinishing, steam cleaning, rust proofing, muffler installation where it is a primary use of the premises, or facilities designed for washing of more than 2 vehicles at a time.

BANNER SIGN. Any sign, excluding national flags, made of cloth, fabric, paper or similar material, including pennants, streamers, flags, ribbons and strings.

BASEMENT. That portion of a building partly below grade but so located that the vertical distance from the average ground level to the ceiling is less than the vertical distance from the average ground level to the floor.

BILLBOARD. A single or double-faced structure permanently affixed to the surface of the land.

BLOCK. A tract of land bounded on all sides by any of the following:

(a) Streets;

(b) Public parks;

(c) Railroad rights-of-way, when located at or above ground level but not including sidings or spurs in the same ownership as the zoning lot; or

(d) Corporate boundary lines of the Town of Beverly Shores.

BLOCK FRONT. All of the property on 1 side of a street and lying between the 2 nearest intersecting streets, or between 1 intersecting street and a railroad right-of-way, unsubdivided acreage, river or lake; or between any of the foregoing or any other barrier to the continuity of development.

BOARD. The Board of Zoning Appeals.

BOARDING HOUSE. A dwelling including fraternity and sorority houses where meals, or lodging and meals, are provided for compensation to 3 or more persons other than members of the keeper's immediate family by prearrangement for definite periods of not less than 1 week where individual cooking facilities are prohibited. A BOARDING HOUSE is to be distinguished from a dormitory, hotel, motel or a convalescent or nursing home.

BOND. Any form of security including a cash deposit, performance bond, collateral, property or instrument of credit in an amount and form satisfactory to the Town Council. All BONDS shall be approved by the Town Council whenever a bond is required by these regulations.

BUILDING. A structure, either temporary or permanent, having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals or chattels. Tents, awnings or vehicles situated on private property and used for purposes of a building shall also be considered a BUILDING. When any portion of a structure is completely separated from every other part thereof by division walls from the ground up, and without openings, each portion of the structure shall be deemed a separate BUILDING.

BUILDING AREA. The maximum horizontal projected area of a building and its accessory buildings.

BUILDING LINE. A line established, in general, parallel to the front lot line, beyond which no part of a building shall project, except as otherwise provided by this chapter. (See SETBACK).

BUILDING, MAIN OR PRINCIPAL. A building in which is conducted the principal use of the lot on which it is situated.

BULK REGULATIONS. Regulations controlling the size of buildings or other structures and the relationships of buildings, structures and uses to each other and to open areas and lot line. Bulk regulations include regulations controlling:

(a) Maximum height;

(b) Minimum zoning parcel size;

(d) Minimum zoning parcel width;

(e) Minimum size of yards and setbacks; and

(f) Maximum floor area.

BUSINESS AND PROFESSIONAL OFFICE. The office of an engineer, doctor, dentist, minister, architect, real estate or insurance broker, author, musician, photographer, accountant or other similar professional person.

CANOPY. Any structure, movable or stationary, attached to and deriving its support from framework or posts or other means independent of a connected structure for the purpose of shielding a platform, stoop or sidewalk from the elements.

CARPORT. A partially-enclosed structure principally devoted to the storage of motor vehicles.

CELLAR. That portion of a building partly below the average ground level, but so located that the vertical distance from the average ground level to the floor is less than the vertical distance from the average ground level to the ceiling. (See BASEMENT).

CERTIFICATE OF OCCUPANCY. The certificate issued by the Building Commissioner for the authorized use of premises as provided by §§ 155.025 through 155.042 below.

CHANNEL. A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.

CLEARING OF LAND. Any activity which may result in soil erosion or disturbance of the existing ground cover, bushes or native vegetation, including removal or cutting of native brush or ground cover, grading, or depositing or stockpiling of soil, material or ground cover. CLEARING OF LAND will not include the limited removal of brush or ground cover necessary to comply with the requirements for a site plan application as provided in this Code.

COMMISSION. The Municipal Plan Commission of Beverly Shores, Indiana.

CONSTRUCTION PLAN. The maps, drawings and textual descriptions showing the specific location and design of improvements to be installed in accordance with the requirements enumerated in this chapter.

CONTRACTOR, BUILDING. An individual, firm, partnership or corporation which agrees to furnish materials or perform services to a property owner at a specified price, especially relating to construction; the term shall not include any private person doing remodeling work on his or her own private home or accessory structure. Further, for purposes of the Contractor Registration Ordinance, the term shall not include any individual employee of a BUILDING CONTRACTOR or an individual, firm, partnership, or corporation that only furnishes materials to a BUILDING CONTRACTOR and does not perform any services in the town.

CONTRACTOR, REGISTERED. A building contractor who complies with the requirements stated in the application for contractor registration and who obtains a contractor registration designation from the town that is authorized by the Town Clerk-Treasurer and approved by the Building Commissioner.

CORNER LOT. A lot which adjoins the point of intersection or meeting of 2 or more streets.

COURT. An open unoccupied space other than a yard on the same lot with a building or group of buildings and which is bounded on 2 or more sides by a building or buildings.

COURT, ENCLOSED. An open unoccupied space surrounded on all sides by walls, or by walls and a lot line.

COURT, OUTER. An open unoccupied space opening onto a street, alley or yard.

COVENANT. A private legal restriction on the use of land contained in the deed to the property and otherwise formally recorded.

CRITICAL ROOT ZONE. See TREE, CRITICAL ROOT ZONE .

CULVERT. A drain pipe that channels water under a bridge, street or driveway.

DECK, ON GRADE. A platform, on grade, that may have piers for vertical support. (See § 155.082 for setback requirements.)

DECK, RAISED. A platform structure that is 3 feet or more above grade, having columns or walls for vertical support and railings on the open sides. A building permit is required. (See § 155.082 for setback requirements.)

DENSITY. A unit of measurement; the number of dwelling units per acre of land in a subdivision plat.

(a) GROSS DENSITY. The number of dwelling units per acre of the total land to be developed, including public rights-of-way.

(b) NET DENSITY. The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses, excluding public rights-of-way and other public sites.

DENSITY, HIGH. Any subdivision with a density greater than 6 dwelling units per acre of gross land area.

DENSITY, LOW. Any subdivision with a density less than 2 dwelling units per acre of gross land area.

DENSITY, MEDIUM. Any subdivision with a density of 2 to 6 dwelling units per acre of gross land area.

DEPTH OF LOT. The mean horizontal distance between the front and rear lot lines.

DEVELOPER. The owner of land proposed to be subdivided, or his or her representative. Consent shall be required from the legal owner of the premises.

DISEASED TREE. See TREE, DISEASED .

DISTRICT. A portion or portions of the Town of Beverly Shores within which uses of land and buildings are permitted and wherein regulations and requirements apply under the provisions of this chapter on a uniform basis.

DRIVE-IN ESTABLISHMENT. A business establishment so developed that all or any part of its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle (e.g., restaurants, cleaners, banks, theaters).

DUPLEX. Two single-family dwellings separated only by a vertical or horizontal common wall without openings.

DWELLING. A fixed structure or building, containing 1 or more dwelling units.

DWELLING, MULTIPLE-FAMILY. A building or portion thereof, used or designed for 3 or more dwelling units. (Same as APARTMENT HOUSE).

DWELLING, SINGLE-FAMILY. A detached building, used or designed for not more than 1 dwelling unit.

DWELLING, TWO-FAMILY. A detached building, used or designed for 2 but not more than 2 dwelling units.

DWELLING UNIT. Any building or portion thereof having cooking facilities which is used or designed wholly as the home, residence or sleeping place of 1 family, either permanently or transiently, but in no case shall a mobile home, automobile chassis, tent or portable building be considered a dwelling. In case of mixed occupancy, where a building is occupied in part as a dwelling unit, the parts so occupied shall be deemed a DWELLING UNIT for the purpose of this chapter and shall comply with the provisions thereof relative to dwellings.

EASEMENT. A liberty, privilege or advantage without profit which 1 landowner receives from the lands of another.

ELECTION PERIOD. The period of time beginning 60 days before and ending 7 days following a general, primary, or special election for a public office that represents the area of the Town of Beverly Shores.

ERECTED. The word ERECTED shall include the words built, constructed, reconstructed, moved upon or any physical operations of the premises required for the building. Building excavations, fill, drainage and the like shall be considered a part of erection.

ESCROW. The arrangement for the handling of instruments or money not to be delivered until specified conditions are met.

EXCAVATING. The removal of sand, stone, gravel or fill dirt below the average elevation of the surrounding land or established grade, whichever shall be the higher.

FAMILY. Either:

(a) An individual or 2 or more persons related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit; or

(b) A group of not more than 4 persons, who need not be related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit; plus in either case, usual domestic servants.

FENCE. A type of structural barrier usually made of posts affixed to the ground and supporting a railing, partition, screen, or other upright structure, typically made of wood, masonry, or metal, and partially or completely enclosing an area of ground to mark a boundary, control access, increase safety, or prevent escape.

FILLING. The depositing or dumping of any matter onto or into the ground, except what is related to common household gardening.

FLOOD PLAIN. The relatively flat area or low land adjoining the channel of a river or stream which has been or may be covered by a 100-year flood. The flood plain includes the channel, floodway and floodway fringe.

FLOOR AREA.

(a) The sum of the gross horizontal actual floor areas of a building(s) measured from the exterior face of the exterior walls, including stairways and enclosed porches, but including only that portion of the lowest level where the exterior wall height (vertical distance from the floor to the ceiling) is exposed in excess of 50% above grade.

(b) The FLOOR AREA of the lowest level is determined by calculating the percent of the exterior wall perimeter exposed above grade in excess of 50%. Also to be included is the square footage of attached and/or detached garages in excess of 600 square feet. Phantom floor planes i.e., extensions of actual floor areas into open space to an exterior wall shall not be included as floor area. Lowest square feet 50% above grade level, plus all additional floors in square feet, minus garage area in square feet (maximum 600 square feet) equals total floor area in square feet.

FLOOR AREA RATIO (F.A.R.). The floor area of structures on any zoning lot divided by the area of the zoning lot.

FRONTAGE. The length along the street right-of-way line of a single lot, tract or development area between the side lot lines of the property. It is that side of a lot abutting a street and ordinarily regarded as the front of the lot.

GARAGE, PRIVATE. A garage with a capacity of not more than 3 automobiles for storage only, and which is erected as an accessory to a dwelling.

GARAGE, PUBLIC. Any premises, except those described as a private or storage garage, used for the storage or care of power-driven vehicles or where any vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.

GENERAL STANDARDS. Those regulations contained in §§ 155.080 through 155.090, 155.105 through 155.112 and 155.195 through 155.206.

GREENBELT. A strip of land of definite width and location, planted with shrubs and/or trees to serve as an obscuring screen or buffer strip.

HALF STREET. A dedicated right-of-way providing only a portion of the required street width, usually along the edge of a subdivision or tract of land.

HEIGHT OF BUILDING. The vertical distance measured from the lower of:

(a) The surface of the lowest floor (including basements and/or attached garage); or

(b) The grade level midpoint of the building, defined by projecting the perimeter of the proposed building platform on the existing elevation to the uppermost point of the roof (chimneys, antennas and similar extensions not included). The grade level midpoint is calculated by the average of:

1. The lowest existing grade level beneath the perimeter of the proposed building platform; and

2. The highest existing grade level beneath the perimeter of the proposed building platform.

HOME OCCUPATION. Any occupation or business customarily conducted entirely within the dwelling and carried on exclusively by members of the immediate family thereof and secondary to the use of the dwelling for dwelling purposes and which does not change the character thereof.

HOTEL. A building occupied or used for the lodging of individuals or groups of individuals with or without meals, and in which there are more than 5 sleeping rooms, and in which no provision is made for cooking in any guest room.

ILLUMINATED SIGN. Any sign which has characters, letters, figures, designs or outlines illuminated by electric lights, luminous tubes or any other artificial means of illumination.

IMPROVED LAND. See LAND, IMPROVED .

IMPROVEMENT. Any alteration to the land or other physical construction associated with subdivision and building site development.

IMPROVEMENT, LOT. Any building, structure, place, work of art or other object or improvement of the land on which they are situated, constituting a physical betterment of real property, or any part of a betterment. Certain LOT IMPROVEMENTS shall be properly bonded as provided in these regulations.

IMPROVEMENT, PUBLIC. Any drainage ditch, roadway, sidewalk, curb, tree, lawn, off-street parking area, main or other facility for which the local or state government may ultimately assume the responsibility for maintenance and/or operation, or which may affect an improvement for which local or state government responsibility is established. All like improvements shall be properly bonded.

IMPROVEMENT, TEMPORARY. Improvements built and maintained by a builder during construction and which must be removed prior to release of the performance bond.

INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A septic tank, seepage tile, sewage disposal system or any other sewage treatment device designed for use in a limited area and approved by the Porter County Health Department.

JUNK. Any motor vehicle, machinery, appliances, products, merchandise with parts missing or scrap metals or other scrap materials that are damaged, deteriorated or are in a condition which would preclude the product's use for its originally designed purpose.

JUNK BUSINESS. Any occupation or trade for the sale, resale, processing, accumulating or storage of, or other commerce with, waste materials, scrap, wrecked automobiles or other commodities commonly classified as junk.

KENNEL. Any lot or premises on which 4 or more dogs, 4 months or more old, are kept permanently or temporarily.

LAND, IMPROVED. A lot, or contiguous lots under common ownership, or parcel upon which a legally existing occupied dwelling is situated.

LAND, UNIMPROVED. All lots not meeting the definition of IMPROVED LAND above.

LAUNDRY. An establishment in which clothing and other fabrics are laundered professionally.

LOCAL ROADS. A system of streets and roads which primarily provides local access service and access to collectors and thoroughfares.

LODGING HOUSE. See BOARDING HOUSE.

LOT. When used in this chapter, shall mean ZONING LOT unless the context clearly indicates that LOT OF RECORD is intended.

LOT AREA. The total horizontal area within the lot lines of a lot.

LOT, CORNER. A lot located at the intersection of 2 streets or a lot bounded on 2 sides by a curving street, 2 chords of which form an angle of 135 degrees or less. The point of intersection of the street lot lines is the CORNER. In the case of a corner lot with curved street lines, the CORNER is that point on the street lot line nearest to the point of intersection of the chords described above.

LOT COVERAGE. That area of the lot or parcel covered by buildings and structures, including accessory buildings or structures, calculated as a percentage of the lot area. LOT COVERAGE shall include all impermeable buildings and structures, whether above or below ground level or on the ground surface, in the computations so as to provide greater assurance for surface water percolation or necessary on-site impoundment in instances of excessive rainfall, flooding or other water accumulation circumstances. Any semi-permeable or permeable structures, such as brick pavers, shall be calculated based on manufacturer specifications for installation and rate of absorption. Notwithstanding any other provision, a driveway shall be considered impermeable for the purposes of LOT COVERAGE. Unroofed decks built out of boards or planks that allow for drainage between the boards shall be excluded.

LOT DEPTH. The distance between the midpoint of the front lot line and the midpoint of the rear lot line.

LOT, DOUBLE FRONTAGE. An interior lot having frontages on 2 more or less parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, 1 street may be designated as the front street for all lots in the plat and in the request for a building permit.

LOT, INTERIOR. A lot other than a corner lot. Any portion of a corner lot more than 120 feet from the corner measured along a front street lot line, shall be considered an INTERIOR LOT, provided the portion is of sufficient width, length and area to meet the minimum requirements of the zoning district in which it is located.

LOT LINE, FRONT. Any lot line which is a street line except that in the case of a corner lot, the front line is the longer of the 2 intersecting lines. In the case of a double frontage lot, all lot lines which are street lines shall be considered front lot lines unless otherwise designated in the plat.

LOT LINE, REAR. Ordinarily, that lot line which is opposite and most distant from the front lot line of the lot. In the case of an irregular or triangular shaped lot, a line 10 feet in length entirely within the lot parallel to and at the maximum distance from the front lot line of the lot shall be considered to be REAR LOT LINE for the purpose of determining depth of rear yard. In cases where none of these definitions are applicable, the Building Commissioner shall designate the REAR LOT LINE. (See DOUBLE FRONTAGE LOT).

LOT LINE, SIDE. Any lot line which is not a front lot line or a rear lot line. A side lot line separating a lot from a street is a SIDE STREET LOT LINE. A side lot line separating a lot from another lot or lots is an interior SIDE LOT LINE.

LOT LINE, STREET OR ALLEY. A lot line separating the lot from the right-of-way of a street or an alley.

LOT LINES. The property lines bounding the lot.

LOT OF RECORD. An area of land that is designated as a lot in a recorded subdivision plat or an official survey recorded in the Office of the County Recorder of Porter County, Indiana. A LOT OF RECORD may or not be of sufficient area to meet the requirements to be a ZONING LOT or ZONING PARCEL.

LOT SIZE. The area of a horizontal plane bounded by the front, side and rear lot lines.

LOT WIDTH. The horizontal distance between the side lot lines, measured at the 2 points where the building line or setback intersects the side lot lines.

MAJOR STREET. A main traffic artery designated on the town's Comprehensive Plan as a major thoroughfare.

MANUFACTURED HOME. A dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Law and was constructed after January 1, 1981.

MODEL HOME. A dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision.

MONUMENT. Any permanent marker either of stone, concrete, galvanized iron pipe or iron or steel rods, used to identify the boundary lines of any tract, parcel, lot or street lines.

MULTIPLE-FAMILY DWELLING. A residential building containing 2 or more dwelling units.

NATURAL MEANS. An act of nature such as a fire, flood or hail storm.

NONCONFORMING USE. Any use of land or a structure, or portions thereof, which does not conform to the use regulations of the zoning district in which it is located, provided however, that the use was in existence on the date of adoption of this chapter or subsequent amendments thereto which directly affect the land or structure in question.

NOXIOUS MATTER. Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects on the physical or economic well-being of individuals.

NUISANCE TREE. See TREE, NUISANCE .

OCCUPANCY. For purposes of a certificate of occupancy, a premises shall be deemed occupied immediately upon the commencement by any person of actual physical use or possession of premises as a temporary or permanent place of residence, or business.

ODOR THRESHOLD. The lowest concentration of odorous substance in the air which will produce an odor sensation.

OFF-STREET PARKING LOT. A lot, or portion thereof, devoted to parking spaces for motor vehicles along with adequate drives and aisles for maneuvering so as to provide access for entrance and exit for the parking of more than 2 automobiles.

OPEN SPACE. A public or private outdoor area expressly set aside for the use and benefit of the public.

OUTDOOR STORAGE. The storage of goods and materials outside of any building or structure, but not including storage of a temporary or emergency nature.

OUTLOT. Property shown on a subdivision plat within the boundaries of the land which is to be developed but which is to be excluded from the development of the subdivision because of its potential use as a street extension or other public purpose. If after a predetermined period of time the proposed use does not appear feasible the lot may be released from its excluded status and made available for private development, consistent with surrounding development.

OWNER. Any person, firm, association, syndicate, partnership, corporation or any other legal entity having legal title to or sufficient proprietary interest in land.

PACKAGE SEWERAGE SYSTEM. A sewerage system including collection and treatment facilities established by the developer to serve a new subdivision or development in an outlying or generally rural area.

PARCEL. That area of land required for construction of a principal single-family dwelling, whose area must be a minimum of 20,000 square feet, unless § 155.008(A) applies. No building permit may be issued for a parcel that has been reconfigured/increased from its original size by any dimension of less than 35 feet in length and a minimum of 2,500 square feet.

PARKING SPACE.

(a) A durable surfaced area, enclosed in a main or accessory building or unenclosed which is sufficient in size to store 1 standard automobile.

(b) An unenclosed PARKING SPACE shall comprise an area of not less than 180 square feet exclusive of a durably-surfaced driveway which shall connect the parking space(s) with an alley or street so as to permit satisfactory ingress or egress of an automobile.

PARTICULATE MATTER. Dust, smoke or any other form of airborne pollution in the form of minute separate particles.

PERIMETER STREET. Any existing street to which the parcel of land to be subdivided abuts on only 1 side.

PERFORMANCE BOND. Any amount of money or bond issued by a corporate surety paid or deposited by a builder or subdivider to the Clerk-Treasurer which guarantees that the builder or subdivider will perform all actions required by the Town Council regarding an approved plat or required by the Building Site Committee regarding an approved site plan application, building permit and as-built topographic survey, and provides that if the person defaults and fails to comply with the provisions of an approved plat or the site plan application, building permit and as-built topographic survey, and any amendments thereto the builder or subdivider will pay damages up to the limit of the bond, otherwise the performance bond itself will be spent to complete the requirements of the approved plat.

PERMANENT SIGN. Any sign which is made of durable materials and permanently affixed to the ground or a structure.

PERSON. Any individual, firm, partnership, association, corporation, company or organization of any kind.

PLAN. See CONSTRUCTION PLAN.

PLAT. The drawing, map or plan of a subdivision or other tract of land or a replat of that including certifications, descriptions and approvals.

PLAT, FINAL. The final and formal presentation of the map, plan or record of a subdivision and any accompanying material, as described in these regulations.

PLAT, PRELIMINARY. The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Commission for approval.

PLAT, SKETCH. An informal sketch preparatory to the preparation of the preliminary plat (or final plat in the case of minor subdivisions) to enable the subdivider to save time and expense in reaching general agreement with the Building Commissioner as to the form of the plat and the objectives of these regulations.

PORCH, ENCLOSED. A covered entrance to a building or structure which restricts the free entry of air, natural light or view by means of permanently installed fixtures, and which projects out from the main wall of the building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached.

PORCH, OPEN. A covered entrance to a building or structure which is not enclosed except for columns supporting the porch roof and railing which may be attached thereto, and which projects out from the main wall of the building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached.

PREMISES. A building or a part of a building.

PRINCIPAL BUILDING. A non-accessory building in which is conducted a principal use of the parcel on which the building is located.

PRINCIPAL USE. The primary purpose for which a parcel is to be used and for which a certificate of occupancy is or will be issued.

PRIVATE CLUB OR LODGE. A non-profit association of persons who are bona fide members and whose facilities are restricted to members and their guests. Food and alcoholic beverages may be served on its premises provided they are secondary and incidental to the principal use.

PRIVATE STREET. A local street that is not dedicated or accepted for public use or maintenance which provides vehicular and pedestrian access.

PRIVATE WATER SYSTEM. A water system formed by a developer to serve a new community development in an outlying or generally rural area. It includes water treatment and distribution facilities.

PUBLIC STREET. A street under the control of and kept by the public established by regular governmental proceedings for the purpose, or dedicated by the owner of the land and accepted by the proper authorities and for the maintenance of which they are responsible.

PUBLIC UTILITY. Any person, firm, corporation, municipal department, board or commission duly authorized to furnish and furnishing, under federal, state or municipal regulations, to the public, electricity, gas, steam, communications, telegraph, transportation or water services.

REAR LOT LINE. See LOT LINE, REAR.

REAR WALL. See WALL, REAR.

REAR YARD. See YARD, REAR.

RESERVE STRIP. A strip of land between a partial street and adjacent property, which is reserved or held in public ownership for future street widening.

RESIDENT. Someone who is domiciled in the Town of Beverly Shores (i.e., permanent place of residence is within the boundaries of the Town of Beverly Shores) or who maintains a domicile elsewhere but will spend more than 183 days of a calendar year in the Town of Beverly Shores. Proof of residency may be made by providing to the Clerk-Treasurer 1 of the following:

(a) Indiana driver=s license with an address in the town;

(b) Indiana voter registration card with an address in the town;

RESUBDIVISION (REPLAT). A change in a map for an approved or recorded subdivision plat if the change affects any street layout on the map or area reserved thereon for public use, or any lot line; or if it affects any map or plat legally recorded prior to the adoption of any regulations controlling subdivisions.

REVERSED FRONTAGE LOT. A lot on which frontage is at right angles to the general pattern in the area. A REVERSED FRONTAGE LOT may also be a corner lot.

RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by transportation facilities, public utilities or other public uses. RIGHT-OF-WAY intended for any use involving maintenance by a public agency shall be dedicated to the public use by the maker of the plat on which the right-of-way is established.

RIGHT-OF-WAY WIDTH, STREET. The distance between property lines measured at right angles to the center line of the street.

ROOF SIGN. Any sign which is fastened to and/or supported on the roof of a building and/or projects over the exterior wall of a building.

ROOMING HOUSE. A building or part thereof, other than a hotel, in which sleeping accommodations are provided for rent for more than 3 people, but meals are not furnished and in which individual cooking facilities are prohibited.

SALE OR LEASE. Any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, devise, interstate succession or transfer, of an interest in a subdivision or part thereof, whether by deed, metes and bounds, contract or other written instrument.

SAME OWNERSHIP. Ownership by the same person, corporation, firm, entity, partnership or unincorporated associations, in which a stockholder, partnership or associate, or a member of his or her family owns an interest in each corporation, firm, partnership, entity or unincorporated association.

SCREENING or SCREEN. Structures or evergreen vegetation used in the commercial district that are maintained for the purpose of concealing from view the area behind the structures or evergreen vegetation.

SEASONAL BUSINESS. Any business which is operated for not more than 4 consecutive months during 1 full calendar year.

SEPARATE OWNERSHIP.

(a) Ownership of a parcel of contiguous property wherein the owner does not own adjoining vacant property. Ownership of a parcel may include joint or multiple ownership by a partnership, corporation or other group.

(b) Provided that the owner of any number of contiguous lots of record may have as many of the contiguous lots of record considered as a single zoning lot for the purpose of this chapter as he or she so elects, and in that case the outside perimeter of the group of lots of record shall be used for determining the front, rear and side lot lines and yards thereof.

SETBACK. The distance between a building and the nearest street right-of-way line or property line regardless of whether it is the front, side or rear of the building. It is an imaginary line established by the zoning ordinance from property lines.

SETBACK, FRONT. The distance between a building front right-of-way line nearest thereto as established by the zoning ordinance.

SETBACK, REAR. The minimum required distance between a building or structure and a LOT LINE, REAR.

SETBACK, SIDE. The minimum required distance between a building or structure and a LOT LINE, SIDE.

SIGN. An identification, description, illustration or device and which is visible from any public street, alley or public place. Neither governmental flags, traffic control devices, signs posted by a governmental entity, nor signs within a building shall be subject to the terms of this chapter.

SIGN AREA. The area encompassed within any geometric figure which encloses all parts of a sign excluding structural supports. The area of a double-faced sign shall be considered as the area of 1 sign.

SIGN ZONING PARCEL. A single, contiguous tract of land not necessarily coinciding with a lot or lots of record, which lots or parcels are incidental to and connected with the main use of the tract of land and upon which the application for a sign is to be erected.

SILT FENCE. A fabric barrier installed to contain erosion. The fabric should extend at least 6 inches below grade with support members no greater than 6 feet apart. The fence is to be maintained throughout the building phase.

SINGLE OWNERSHIP. Ownership by an individual, partnership, corporation, cooperative or condominium having control over exterior maintenance of buildings and grounds.

SINGLE-FAMILY DWELLING. A residential building containing 1 dwelling unit only.

SLOPE. The incline of a piece of ground.

SOIL REMOVAL. Removal of any kind of soil or earth matter, including topsoil, sand, gravel, clay, rock or similar materials, or combination thereof, except what is related to common household gardening and agriculture.

STANDARD SPECIFICATIONS. The specifications as provided in this chapter or as officially adopted by and for the Town of Beverly Shores.

STANDARDIZED HOUSING. Housing where the plan of a residence is standardized and remains constant as to width and length and/or the elevations are constant in character and finish.

STEEP SLOPE. See § 155.141.

STREET. A thoroughfare which affords traffic circulation and a principal means of access to abutting property, including an avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except an alley. Improved public streets are those constructed according to standards existing at the time of new construction.

STREET ADDRESS. A building's street address is to be the name of the street that the driveway enters from. If the property contains a driveway on 2 or more streets, then the address is to be the street the building faces on. The address number is to be posted in a manner that is readable from the street.

STRUCTURAL ALTERATION. Any change, other than incidental repairs, in the supporting members of a building or structure such as bearing walls, or partitions, columns, beams or girders, or any change in the width or number of exits, or any substantial change in the roof.

STRUCTURE. Includes "building" and, in addition, any man-made surface or designed earth feature including driveways, swimming pools, parking areas, garden houses, pole barns, sheds, pergolas, patios, decks, porches, playhouses and game courts located on a permanent foundation, but excluding lot or parcel boundary fences, walls, berms and screens, and other finished grading or drainage or landscaping.

STRUCTURE, OUTDOOR ADVERTISING. Any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign or billboard may be placed, including outdoor advertising statuary.

SUBDIVIDER.

(a) The individual, firm, corporation, partnership, association, syndicate, trust or other legal entity that executes the application and initiates proceedings for the subdivision of land in accordance with the provisions of this chapter.

(b) The SUBDIVIDER need not be the owner of the property; however, he or she shall be an agent of the owner or have sufficient proprietary rights in the property to represent the owner.

SUBDIVISION.

(a) Any land, vacant or improved, which is divided or proposed to be divided into 2 or more lots, parcels, sites, units, plots, of interests for the purpose to offer, sale, lease or development, either on the installment plan or upon any and all other plans, terms and conditions, including resubdivision.

(b) SUBDIVISION includes the division or development of residentially and non-residentially zoned land, whether by deed, metes and bounds description or other recorded instrument. However, this regulation shall not apply to the following:

1. An adjustment of lot lines as shown on a recorded plat which does not reduce the area, frontage, width, depth or building setback lines of each building site below the minimum zoning requirements, and does not change the original number of lots in any block of the recorded plat; or

2. The exchange of land for the purpose of straightening property boundary lines which does not result in the change of the present land usage.

SUBDIVISION, MAJOR. Any subdivision that is not a minor subdivision.

SUBDIVISION, MINOR. A subdivision of land that does not involve the opening of a new public way and that complies in all other respects with this chapter.

SUBDIVISION PLAT. The final map or drawing, described in this chapter, on which the subdivider's plan of subdivision is presented to the Commission for approval and which, if approved, may be submitted to the County Recorder for filing.

SWIMMING POOL. Any permanent, non-portable structure or container intended for swimming or bathing, located either above or below grade designed to hold water to a depth greater than 24 inches.

TEMPORARY BUILDING AND USE. A structure or use permitted by the Board of Zoning Appeals to exist during periods of construction of the main structure or use for special events, not to exceed 2 years.

TEMPORARY SIGN. A TEMPORARY SIGN is characterized by materials, construction, design, and placement that allow the sign to be easily removed and carried away. A TEMPORARY SIGN may not be permanently attached to any structure, affixed to the real estate, or otherwise be permanent in nature.

THOROUGHFARE. A street with a large amount of continuous traffic flow and serving as a principal traffic way between Beverly Shores and its environs.

THROUGH LOT. A lot other than a corner lot with frontage on more than 1 street. THROUGH LOTS abutting 2 streets may be referred to as DOUBLE FRONTAGE LOTS.

TOXIC MATTER. Material which is capable of causing injury to living organisms by chemical means when present in relatively small amounts.

TRAILER. A vehicle standing on wheels or on rigid supports which is used for living or sleeping purposes or to transport boats or cargo.

TRANSITIONAL YARD. A required yard in the General Commercial District and the Residential District.

TREE. A self supporting, woody plant, together with its root system, having a well-defined stem or trunk or a multi-stemmed trunk, a more or less defined crown of branches, and a mature height of at least 10 feet.

TREE, CRITICAL ROOT ZONE. The circular area on the ground, with the trunk of a tree as its center, having a radius of 1 foot for each 1 inch of tree diameter.

TREE DIAMETER. The diameter of the trunk of a tree measured at 4 feet above ground level, unless specifically stated otherwise.

TREE, DISEASED. A tree determined so in writing by the Building Commissioner or a certified arborist.

TREE, NUISANCE. The following species of trees:

(a) Tree of Heaven (Ailanthus altissima);

(b) Buckthorn (Rhamnus cathartica and Rhamnus frangula);

(d) Black Locust (Robinia pseudoacacia);

(e) Siberian Elm (Ulmus pumila);

(f) White Mulberry (Morus alba);

(g) Red Mulberry (Morus rubra);

(h) Honey Locust (Gleditsia triocanthos);

(i) Black Locust (Robinia pseudoacacia); and

(j) Sweetgum (Liquidambar styraciflua).

TREE TOPPING. The practice of severely cutting back of limbs within a tree's crown of branches so as to alter the tree's natural shape and disfigure the tree.

UNIMPROVED LAND. See LAND, UNIMPROVED .

USABLE FLOOR AREA.

(a) Usable floor area, for the purposes of computing required parking spaces, is that area used for or intended to be used for the sale of merchandise or services or for serving patrons, clients or customers.

(b) The floor area which is used or intended to be used principally for the storage or processing of merchandise, or for utilities shall be excluded from this computation of USABLE FLOOR AREA.

USE. Any purpose for which a building or other structure or a parcel of land may be designed, arranged, intended, maintained or occupied; also any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land.

VIBRATION. Rhythmic or periodic motion or disturbance projected through air or earth.

WALL, FRONT. The wall of a building which is nearest to, and most nearly parallel to, the front lot line of the lot on which the building is located.

WALL, REAR. The wall of a building which is nearest to, and most nearly parallel to, the rear lot line of the lot on which the building is located.

WALL, SIDE. Any wall of the building other than a front wall or a rear wall.

WALL, SIGN. A sign on a wall of a building or structure in a manner so that the wall becomes merely the supporting structure, or in which the wall forms the background surface.

YARD. An open space on the same land with a building or group of buildings, which open space lies between the building or group of buildings, and the nearest lot line or zoning lot line and is unoccupied and unobstructed from the ground upward, except as otherwise provided herein.

YARD, FRONT. A yard extending the full length of a front lot line, the depth of which is the minimum horizontal distance between the front lot line and the nearest part of the main building.

YARD, SIDE. A yard extending along a side lot line between the front yard and the rear yard, the width of which is the minimum horizontal distance between the side lot line and the nearest part of the main building.

YARD, REAR. A yard extending the full length of a rear lot line, the depth of which is the minimum horizontal distance between the rear lot line and the nearest part of the main building.

ZONING LOT. An area of land that is:

(a) Located within a single block;

(b) Sufficient to meet the land area required for construction of a principal single-family dwelling (see PARCEL); and

The area of a ZONING LOT may or may not coincide with that of a lot of record shown in the official records of the Office of the Recorder of Deeds of Porter County, or on any recorded subdivision plat or deed.

ZONING PARCEL. See ZONING LOT .

(Ord. 208, passed 12-19-1983; Am. Ord. 06-02, passed 7-17-2006; Am. Ord. 06-15, passed 12-18-2006; Am. Ord. 08-11, passed 11-17-2008; Am. Ord. 09-12, passed 11-16-2009; Am. Ord. 10-03, passed 6-21-2010; Am. Ord. 11-11, passed 9-19-2011; Am. Ord. 2014-01, passed 2-17-2014; Am. Ord. 2014-04, passed - - ; Am. Ord. 2018-06, passed 8-21-2018; Am. Ord. 2021-09, passed 7-20-2021; Am. Ord. 2022-07, passed 8-16-2022)

§ 155.004 ZONING MAP AND DISTRICTS.

(A) Zoning map. There is hereby adopted for the purpose of this chapter, a map entitled Zoning Map for the Town of Beverly Shores, Indiana and that map is made a part of this chapter. The boundaries of the zoning districts are indicated on the zoning map of the Town of Beverly Shores, Indiana. At least 2 copies of the map shall be at all times kept on file in the office of the Clerk-Treasurer of the Town of Beverly Shores for public inspection.

(B) Boundaries. In the event uncertainties exist with respect to the intended boundaries of the various districts as shown on the zoning map, the following rules shall apply.

(1) The district boundaries are the center lines of streets, easements or alleys unless otherwise indicated, and where the designation of a boundary line on the zoning map coincides with the location of a street, easement or alley, the center line of the street, easement or alley shall be construed to be the boundary of that district; and

(2) Where district boundaries do not coincide with the location of streets, easements or alleys but do coincide with lot lines, the lot lines shall be construed to be the boundary of that district.

(1) R: Residential District; single-family dwellings;

(2) C: General Commercial District; and

(3) G: Governmental District.

(D) Districts described.

(1) R: All areas not otherwise described in this section.

(2) C: All the area that borders on U.S. Highway 12 North to the south shore right-of-way, and south to the corporate limits of Beverly Shores.

(3) G: Lots 1, 2, 3, Block 106; Lots 1, 2, 3, 27, 28, Block 107; and Block A.

(4) Beverly Shores Unit “F” as per plat, recorded in the Office of the Recorder of Porter County, Indiana.

(Ord. 208, passed 12-19-1983)

§ 155.005 INTENT.

Within the districts established by this chapter or amendments that later may be adopted, there exist lots, structures or uses of land and structures or uses of land and structures which were lawful before this chapter was adopted or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments. This chapter intends that any lots, structures or uses of land legal prior to the adoption of this chapter may continue, provided that owners comply with the following regulations.

(Ord. 208, passed 12-19-1983)

§ 155.006 REGISTRATION.

(A) Within 3 months after the effective date of this chapter, the owner, if known, of every nonconforming use shall be notified by the Secretary of the Plan Commission of the provisions of this section. Within 30 days after receipt of the notice, the owner shall apply to the Town Clerk-Treasurer of the Town of Beverly Shores for a registration certificate for the nonconforming use.

(B) Within 5 months after the adoption of this chapter, notification of the provisions of this section shall be given by publication per I.C. 5-3-1-1; public notification shall be published at least 3 times. Any owner of a nonconforming use, other than the owner who has previously received direct notification as provided in I.C. 5-3-1-1 shall apply for a registration certificate for the nonconforming use within 6 months following the adoption of this chapter.

(C) (1) The application for the certificate shall designate the location, nature and extent of the nonconforming use and other pertinent details as the Plan Commission may require from time to time by general regulations to describe the use.

(2) If the Plan Commission finds, upon review of the application, that the existing use is a legal nonconforming use, it shall issue a registration certificate within 30 days after receipt of the application; but if it finds that the existing use has been constructed or altered for the existing use or for any other use without compliance with the this chapter in effect at the time of the construction or alteration, it shall not issue a registration certificate for the use, and the use shall be deemed in violation of this chapter. The action of the Plan Commission shall be reviewable by the Board of Zoning Appeals.

(D) After 6 months from the adoption of this chapter, plus a reasonable period as may be needed by the Commission to act on applications submitted within the time limits required by division (C) above, failure to obtain a certificate of non-conformance shall be considered a violation of this chapter and subject to the penalties provided in § 155.999.

(Ord. 208, passed 12-19-1983)

§ 155.007 PRIOR CONSTRUCTION.

(A) To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the passage of this chapter or amendment of this chapter upon which actual building construction has been diligently carried on.

(B) Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, the demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.

(Ord. 208, passed 12-19-1983)

§ 155.008 NONCONFORMING LOTS OF RECORD.

(A) Owners of record, legal and beneficial, who own a zoning parcel with a minimum of 15,000 square feet but less than 20,000 square feet as of the effective date of this chapter, or their assigns, may build in perpetuity.

(B) If 2 or more lots or combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of adoption of this chapter, and if all or part of the lots do not meet the requirements for minimum size parcels for building purposes as established by this chapter, the land involved shall be considered to be an undivided parcel and no portion of the parcel shall be used for building purposes which does not meet the parcel width and area requirements established by this chapter, nor any division of the parcel be made which left remaining any lot with width or area below the requirements stated in this chapter.

(Ord. 208, passed 12-19-1983)

§ 155.009 NONCONFORMING USES OF LAND.

Where, at the effective date of passage of or amendment of this chapter, lawful use of land exists that is no longer permissible under the terms of this chapter as enacted or amended, the use may continue, as long as it remains otherwise lawful, subject to the provisions of divisions (A) through (C) below.

(A) No nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of passage or amendment of this chapter.

(B) No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by the use at the effective date of adoption or amendment of this chapter.

(C) If the nonconforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of the land shall conform to the regulations specified by this chapter for the district in which the land is located. Should any nonconforming structure be destroyed by any natural means, it may be rebuilt so long as it is completed within 2 years of the loss.

(Ord. 208, passed 12-19-1983)

§ 155.010 NONCONFORMING STRUCTURES.

Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, coverage, height, yards or other characteristics of the structure or its location on the lot, the structure may be continued as long as it remains otherwise lawful, subject to the provisions of divisions (A) and (B) below:

(A) (1) Owners of conforming structures on nonconforming lots shall apply to the Board of Zoning Appeals for a variance in order to enlarge, alter the height or change the footprint of such structure. In considering the application, the Board of Zoning Appeals shall apply the same criteria as in the case of conforming lots. Nonconformance alone shall not constitute grounds for denying a variance.

(2) A legal nonconforming structure may be altered or changed in order to decrease or eliminate the nonconformity or in a manner that does not increase its nonconformity. An owner of a nonconforming structure shall apply to the Board of Zoning Appeals for a variance if the proposed enlargement, alteration or change does not comply with the bulk requirements and other provisions of this section because it increases its nonconformity. In considering the application, the Board of Zoning Appeals shall apply the same criteria as in the case of conforming structures. Nonconformance alone shall not constitute grounds for denying a variance. Nothing in this section shall be construed to prohibit the alteration of a legal nonconforming structure when such alteration is required to bring the structure into compliance with the Building Commissioner's order in the case of a structure determined to be unsafe.

(B) The party alleging the existence of a legally nonconforming structure or use bears the burden of demonstrating that the structure or use was legally existing at the time of a change in ordinance which rendered the structure or use nonconforming.

(C) Should any nonconforming structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district which it is located after it is moved.

(D) A legal nonconforming structure or portion of such structure that has been partly or completely demolished or destroyed, including fire, flood, explosion, force majeure, or any other casualty, may be repaired or replaced, provided:

(1) The structure cannot be repaired or replaced in a manner that makes the structure legally conforming;

(2) The owner makes application for a building permit within 6 months from the date of the destruction or removal and all necessary construction is completed within 1 year from the date of the application for a building permit; and

(3) The replacement structure is placed on the same footprint and has the same square footage of the structure that is being replaced and does not otherwise increase nonconformity.

(Ord. 208, passed 12-19-1983; Am. Ord. 07-07, passed 6-18-2007; Am. Ord. 10-05, passed 6-21-2010; Am. Ord. 11-27, passed 11-27-2010; Am. Ord. 2014-04, passed - -)

§ 155.011 NONCONFORMING USES OF STRUCTURE.

If a lawful use of a structure, or of a structure and premises in combination, exists at the effective date of adoption of this chapter, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued as long as it remains otherwise lawful, subject to the provisions of divisions (A) though (E) below.

(A) No existing structure devoted to a use not permitted by this chapter shall be enlarged, extended, constructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

(B) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for use at the time of adoption or amendment of this chapter, but no use shall be extended to occupy any land outside the building.

(C) (1) If no structural alterations are made, any nonconforming use of a structure, or a structure and premises, may be changed to another nonconforming use, provided the Board of Zoning Appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use.

(2) In permitting the change, the Board of Zoning Appeals may require appropriate conditions and safeguards in accord with the provisions of this chapter.

(D) (1) When a nonconforming use of a structure, or a structure and premises in combination, is discontinued or abandoned for 6 consecutive months during 1 full calendar year or for 18 months during any 3-year period, the structure or the structure and premises in combination shall not thereafter be used except in conformance with regulations of the district in which it is located.

(2) This provision does not apply to a seasonal business.

(E) A seasonal business which is a nonconforming use that does not operate for at least 4 consecutive months during 1 full calendar year shall be deemed to be discontinued or abandoned and the structure shall not thereafter be used except in conformance with regulations of the district in which it is located.