(a)

Title. The ordinance codified in this UDO shall be known, cited, and referred to as the "Bloomington Unified Development Ordinance" and may also be cited or referred to as the "Unified Development Ordinance," the "UDO," the "zoning ordinance," or the "subdivision control ordinance."

(b)

Purpose. This UDO is adopted to:

(1)

Promote the orderly, responsible, and sustainable development and redevelopment of the areas within the City in accordance with the Comprehensive Plan and its components, including but not limited to the Transportation Plan, and subarea plans, which include among others the Downtown Vision and Infill Strategy Plan, along with such additions and revisions as may be made to such plans after the effective date, and with all other City land use policy;

(2)

Reduce greenhouse gas emissions and prepare for the impacts of climate change on our community;

(3)

Promote the public health, safety, morals, ecosystem services, comfort, convenience, and general welfare;

(4)

Protect the character and stability of residential, institutional, business, employment, and natural areas;

(5)

Provide a safe, efficient, accessible, and connected system of transportation that emphasizes public transit, walking, and biking to enhance options to reduce overall dependence on the automobile;

(6)

Secure adequate light, air, convenience of access, and safety from fire, natural disasters, and other danger, which may include providing adequate open spaces for light, air, and outdoor uses;

(7)

Preserve and enhance the scenic beauty, aesthetics, and environmental integrity of the City;

(8)

Encourage compatibility between different land uses and to protect the scale and character of existing development from the encroachment of incompatible uses;

(9)

Regulate and restrict the location and intensity of use of buildings, structures, and land for trade, industry, residence, and other uses;

(10)

Define the powers and duties of administrative officers and bodies as provided herein, and to establish procedures for the implementation and enforcement of this UDO;

(11)

Establish corrective and punitive recourse for violations or noncompliance regarding the provisions of this UDO;

(12)

Ensure ongoing compliance with the provisions of this UDO by requiring regular maintenance and replacement, as needed, of required improvements, including but not limited to landscaping;

(13)

Establish reasonable standards and procedures for subdivisions, in order to further the orderly layout and use of land;

(14)

Avoid scattered, illogical, and uncontrolled subdivisions of land that would result in the imposition of an excessive expenditure of public funds for the distribution or supply of infrastructure and/or services;

(15)

Ensure the provision of drainage facilities, the safeguarding of the water table, and the protection from flooding or the causing of increased risk of flooding;

(16)

Prevent and mitigate the pollution of air, water, and soil;

(17)

Ensure that the cost of design and installation of improvements in new, platted subdivisions are borne by the developer and persons purchasing the lots, and to avoid any direct or indirect burden placed upon adjacent property owners or the City as a whole;

(18)

Ensure proper legal descriptions, legal recording, and monumenting of subdivided land;

(19)

Further such other purposes as are stated within specific provisions of this UDO;

(20)

Minimize the negative secondary impacts of sexually oriented businesses by avoiding their undue concentration and by separating them from sensitive land uses;

(21)

Protect the integrity and unique, diverse character of the Courthouse Square Downtown Character Overlay and the University Village Downtown Character Overlay areas;

(22)

Accommodate the need for student housing while minimizing any negative impacts of that housing on residential neighborhoods or the character of downtown and other mixed-use areas;

(23)

Encourage sustainable forms of development that reduce avoidable negative impacts on the environment; and

(24)

Encourage the provision of affordable housing for very low-, low-, and moderate-income households to help maintain a diverse housing stock and to allow Bloomington residents to have better access to jobs and to improve their economic status.

(c)

Effective Date. This UDO shall become effective on April 18, 2020. All references in this UDO to the "effective date of this UDO" or to the "effective date" shall refer to that date unless otherwise stated.

(Amd. of 1-14-2020)

(a)

Authority.

(1)

This UDO is adopted by the City pursuant to its authority under the laws of the state of Indiana, the Bloomington Municipal Code (BMC), and all other applicable authorities and provisions of Indiana statutory and common law.

(2)

Whenever any provision of this UDO refers to or cites a section of the Indiana state statute and that section is later amended or superseded, this UDO shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

(b)

General Applicability.

(1)

After the effective date of this UDO, no building or structure or any portion thereof, or use of land, whether existing or established after the effective date, shall be established, altered, changed, erected, constructed, reconstructed, moved, divided, enlarged, demolished or maintained except in accordance with the provisions of this UDO, except as otherwise provided in this UDO.

(2)

This UDO shall be read in terms of and shall be interpreted to include as an integral part thereof any and all other provisions of the Bloomington Municipal Code which are necessary for an understanding of this UDO and the attainment of its purposes.

(c)

Jurisdiction. This UDO shall apply to all land, uses, buildings and structures within the incorporated City of Bloomington, including but not limited to those areas identified within the most current operative interlocal cooperation agreement between the City of Bloomington and Monroe County, Indiana in regard to planning and zoning jurisdiction, as such agreement may be amended or extended after the effective date.

(d)

Severability. If any of the provisions of this UDO are declared invalid, the other provisions shall remain in full force and effect.

(e)

Official Zoning Map.

(1)

The location and boundaries of the zoning districts are hereby established on a map entitled "Official Zoning Map," as it may be amended from time to time, which accompanies and is hereby incorporated in and made a part of this UDO. The Official Zoning Map is a geographic coverage layer entitled "zoning" that is maintained as part of the City's geographic information system (GIS) under the direction of the Planning and Transportation Director.

(2)

The Planning and Transportation Director may authorize printed copies of the Official Zoning Map to be produced and shall maintain digital or printed copies of superseded versions of the Official Zoning Map for historical reference.

(3)

The Official Zoning Map shall be on file and available for public inspection in the Planning and Transportation Department.

(Amd. of 1-14-2020)

(a)

Rules of Interpretation.

(1)

Minimum Requirements. The provisions of this UDO shall be construed to achieve the purposes for which they are adopted. In interpreting and applying the provisions of this UDO, these provisions shall be held to be the minimum requirements for the protection and the promotion of the public health, safety, morals, ecosystem services, comfort, convenience, and general welfare.

(2)

Conflicts or Inconsistency.

(A)

Internal. Unless otherwise specifically stated within this UDO, and unless the context clearly indicates the contrary, if two or more provisions of this UDO are in conflict or are inconsistent with each other, then the most restrictive provision shall apply.

(B)

Federal, State and Local.

i.

Whenever a provision of this UDO imposes a greater restriction or a higher standard than is required by any state or federal law or regulation, or other county or City ordinance or regulation, the provision of this UDO shall apply.

ii.

Whenever a provision of any state or federal law or regulation, or other county or City ordinance or regulation imposes a greater restriction or a higher standard than is required by this UDO, the provision of the state or federal law or regulation, or other county or City ordinance or regulation shall apply.

(C)

Other.

i.

Whenever a private covenant, contract, commitment, agreement, or other similar private land use restriction imposes a greater restriction or a higher standard than is required by a provision of this UDO, the more restrictive provision shall apply.

ii.

This section shall not be interpreted to mean that the City is obligated to enforce the provisions of private covenants, contracts, commitments, agreements, or other similar restrictions; rather, the City shall make an effort to respect such agreements, and this UDO shall not have the effect of abrogating or annulling any such private restriction.

iii.

Where this UDO imposes a greater restriction or a higher standard than is required by a private covenant, contract, commitment, agreement, or other similar private land use restriction, the provisions of this UDO shall govern.

(3)

Text to Govern. In case of any difference of meaning or implication between the text of this UDO and any caption, illustration, figure, or illustrative table, the text shall control.

(4)

Illustrations. All illustrations in this UDO are intended to help the reader understand terminology and concepts used in this UDO, unless otherwise indicated. Illustrations are not drawn to scale and are not to be interpreted as examples of character or design that must be matched.

(5)

Time Frames. Any time frames stated within this UDO shall be calculated to include weekdays, weekends, and holidays, unless stated otherwise. If a time frame ends on a Saturday, Sunday, or holiday on which the City offices are closed, the time frame will be extended to the end of the next business day unless specifically stated otherwise within this UDO.

(6)

Delegation of Authority. If a provision in this UDO requires the Planning and Transportation Director or other City official to perform an act or duty, that provision shall also include designated subordinates unless specified otherwise.

(7)

Fractions. Where application of a numerical standard results in a fraction, the fraction shall be rounded as follows:

(A)

Where the standard is a minimum requirement, the fraction shall be rounded up to the nearest whole number; and

(B)

Where the standard is a maximum allowed or permitted under this UDO, the fraction shall be rounded down to the nearest whole number.

(8)

Rules of Word Usage. The following rules of word usage apply to the text of this UDO:

(A)

The particular shall control the general.

(B)

The words "shall" and "must" are always mandatory and not discretionary. The words "may" and "should" are permissive.

(C)

Unless the context clearly indicates otherwise, words used in a specific tense (past, present or future) shall be construed to include all tenses; words used in the singular number shall include the plural, and the plural the singular; and, use of gender-specific pronouns shall be interpreted so as not to be limited to a particular gender.

(D)

A "building" or "structure" includes any part thereof unless the context clearly indicates otherwise.

(E)

Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or," or "either...or," the conjunction shall be interpreted as follows:

i.

"And" indicates that all the connected items, conditions, provisions, or events shall apply.

ii.

"Or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.

iii.

"Either...or" indicates that the connected items, conditions, provision, or events shall apply singly but not in combination.

iv.

The word "includes" shall not limit a term to the specified examples but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(F)

Terms not defined herein shall have the meanings customarily assigned to them in common, ordinary usage, except that legal or technical terms shall be interpreted in their legal or technical sense.

(9)

Material Incorporated by Reference. As required per Indiana Code § 36-1-5-4, two copies of any material incorporated into the Unified Development Ordinance by reference are on file in the City Clerk's Office for public inspection.

(Amd. of 1-14-2020)

(a)

General Transition Rules. In determining the applicability of this UDO with respect to land, uses, buildings, structures, permits, approvals, and petitions for permits or approvals, existing immediately before the effective date hereof, the following rules shall apply:

(1)

Uses Rendered Conditional Use. Each use that exists on April 18, 2020 that is required by this UDO to obtain Conditional Use Approval, but that was a permitted use prior to April 18, 2020 is deemed to have a Conditional Use Approval to:

(A)

Continue operation in structures and on land areas where the operation was conducted before April 18, 2020; and

(B)

Expand operations without the need to obtain a Conditional Use Approval, provided that the expansion complies with Subsection 20.03.030 (Use-Specific Standards) and other requirements of this UDO.

(2)

Uses Rendered Nonconforming. When a use lawfully existed as a permitted use on the effective date of the UDO, or any amendment thereto, no longer classifies such use as a permitted use in the zoning district in which it is located, such use shall be deemed a lawful nonconforming use and shall be subject to the provisions of Section 20.06.090 (Nonconformities).

(3)

Buildings, Structures, and Lots Rendered Nonconforming. Where any building, structure or lot lawfully existing on the effective date of the UDO does not meet all development standards set forth in this UDO, or any amendment thereto, such building, structure, or lot shall be deemed lawful nonconforming and shall be subject to the provisions of Section 20.06.090 (Nonconformities).

(4)

Previously Granted Variances. All variances granted prior to the effective date of the UDO shall remain in full force and effect subject to the expiration provision in effect at the time the variance was granted and subject to any specific conditions or provisions relating to expiration that are imposed upon the particular variance approval by the approving entity. However, such variance shall apply only to the development standards variance granted. Provided, however, in the event of a conflict between this section and Section 20.01.040(b) (Effect of Change in the Law After Filing of Complete Petition), the provisions of Section 20.01.040(b) shall govern.

(5)

Previously Granted Conditional Use Permits. All Conditional Use permits granted prior to the effective date of the UDO shall remain in full force and effect subject to the expiration provision in effect at the time the Conditional Use was granted and subject to any specific conditions or provisions relating to expiration that are imposed upon the particular Conditional Use Approval by the approving entity. Expansion or change in use shall require compliance with this UDO. Provided, however, in the event of a conflict between this section and Section 20.01.040(b) (Effect of Change in the Law After Filing of Complete Petition), the provisions of Section 20.01.040(b) shall govern.

(6)

Previously Granted Special Exceptions. All special exceptions granted prior to the effective date of the UDO shall remain in full force and effect subject to the expiration provision in effect at the time the special exception was established, and subject to any specific conditions or provisions relating to expiration that are imposed upon the particular special exception approval by the approving entity. Expansion or change in use shall require compliance with this UDO. Provided, however, in the event of a conflict between this section and Section 20.01.040(b) (Effect of Change in the Law After Filing of Complete Petition), the provisions of Section 20.01.040(b) shall govern.

(7)

Previously Granted Certificates of Appropriateness for Properties Designated Historic. All certificates of appropriateness granted by the Historic Preservation Commission prior to the effective date of the UDO shall remain in full force and effect pursuant to the terms of approval set forth in the Historic Preservation Commission action, unless such certificates of appropriateness have expired pursuant to their terms or pursuant to applicable prior law.

(8)

Previously Approved Planned Unit Developments. An outline or preliminary plan approved under a previous ordinance and retained as a Planned Unit Development on the zoning map adopted as part of this UDO shall constitute an approved preliminary plan subject to the expiration provisions in effect at the time of approval. A development or final plan approved under a previous ordinance where the Planned Unit Development is retained on the zoning map adopted as part of this UDO shall constitute an approved final plan, subject to the expiration provisions in effect at the time of approval. Where an outline or preliminary plan has been approved, but a development or final plan has not been approved, or has been approved but has expired, prior to the effective date of this UDO, the final plan shall require Plan Commission review, unless the Plan Commission, at a public hearing, determines that the staff should review the final plan; moreover, such final plans shall be subject to the development standards of this UDO, except to the extent that different development standards were expressly set forth in the approved outline or preliminary plan. Provided, however, in the event of a conflict between this section and Section 20.01.040(b) (Effect of Change in the Law After Filing of Complete Petition), the provisions of Section 20.01.040(b) shall govern.

(9)

Previously Approved Site Plans.

(A)

A site plan approved prior to the effective date of this UDO shall remain in full force and effect, such that building and occupancy permits may be issued in accordance with the approved site plan, subject to any conditions placed upon such approval and subject to the expiration provisions in effect at the time of approval. However, any change from the approved site plan, including but not limited to, changes in use or development standards, shall be subject to the provisions of this UDO. In the event of a conflict between this section and Section 20.01.040(b) (Effect of Change in the Law After Filing of Complete Petition), the provisions of Section 20.01.040(b) shall govern.

(B)

Subsection (A) above shall apply only to fully detailed site plans and shall not apply to any portion of a parcel or development not fully detailed and expressly approved, even if shown on such plans.

(10)

Previously Approved Subdivisions. Except as otherwise provided by Section 20.01.040(b) (Effect of Change in the Law After Filing of Complete Petition), primary and secondary plats approved prior to the effective date of this UDO shall be governed by this section. A primary plat and/or secondary plat approved prior to the effective date of this UDO, whether or not yet recorded, shall remain in full force and effect, subject to applicable expiration provisions in effect at the time of approval. Secondary plats may be recorded as approved; primary plats shall be entitled to approval of a secondary plat consistent with the primary plat approval; lots in such subdivisions shall be established in their platted size and configuration as lots of record. Such lots shall be subject to use and development standards of this UDO, other than minimum lot dimensions.

(b)

Effect of Change in the Law After Filing of Complete Petition.

(1)

For any petition filed with the City prior to the effective date of this UDO for any permit or approval listed in Section 20.01.040(b)(3), the effect of any change in the applicable law after submittal of such petition but prior to the grant or denial of the permit or approval sought shall be governed by the transition rules of the prior zoning ordinance that was in effect on the date of petition submittal.

(2)

Whenever a complete petition is filed with the City on or after the effective date of this UDO for any of the permits or approvals listed in Section 20.01.040(b)(3), the grant or denial of such permit or approval, and the grant or denial of any secondary, additional or related permit or approval required by the City with respect to the general subject matter of the first complete petition, shall be governed by the statutes, ordinances, rules, development standards, and regulations applicable to the property in question ("Requirements") that were in effect at the time of the first complete petition, for the time periods listed in Section 20.01.040(b)(4), notwithstanding any change in such requirements that occurs after such first petition but prior to the grant or denial of such permit or approval, except as otherwise provided herein.

(3)

The permits and approvals covered by this section are:

(A)

Section 20.06.050(a) (Site Plan Review);

(B)

Section 20.06.050(b) (Conditional Use Permit);

(C)

Section 20.06.060(b) (Primary Plat);

(D)

Section 20.06.060(c) (Secondary Plat);

(E)

Section 20.06.050(e) (Site Development Permit);

(F)

Section 20.06.050(f) (Certificate of Zoning Compliance);

(G)

Section 20.06.070(c) (Rezoning to Planned Unit Development).

(4)

The requirements in effect at the time of the first complete petition submittal for a permit or approval described in Section 20.01.040(b)(2) shall continue to govern such first complete petition and any secondary, additional or related permits described in that subsection for a period of at least three years from the date of the first complete petition. If no construction or other activity to which the permit or approval relates is commenced within that three-year period, then after that period the renewal of any expired permit, and the grant or denial of any new petition for any secondary, additional or related permit, shall be governed by then current regulations if the Planning and Transportation Director, based upon advice from the City Legal Department, determines that such action is lawful and does not deprive the owner or petitioner of any vested right. Moreover, if construction or other activity to which the permit or approval relates is not completed within ten years of the date upon which such construction or other activity commenced, then after that period the renewal of any expired permit, and the grant or denial of any new petition for any secondary, additional or related permit, shall be governed by then current regulations if the Planning and Transportation Director, based upon advice from the City Legal Department, determines that such action is lawful and does not deprive the owner or petitioner of any vested right.

(5)

Where a permit or approval is rendered pursuant to this section, any construction, use or other activity authorized by such permit or approval shall be treated as lawfully nonconforming to the extent such activity does not conform to the current requirements of this UDO and shall be subject to the provisions of Section 20.06.090 (Nonconformities).

(6)

For purposes of this Section 20.01.040(b) (Effect of Change in the Law After Filing of Complete Petition), amendment or modification to a petition for a permit or approval shall not constitute a new petition unless the changes are such that the proposed activity is substantially greater in scope, complexity or process of review, or otherwise significantly increases the land use issues and impacts that are presented, compared to the original petition.

(c)

Petitions for Variance or Rezoning (Map Change Other than PUD). Any petition for variance or zoning map change (other than for a PUD designation) for which a full and complete petition was properly filed prior to the effective date of this UDO shall be processed pursuant to the terms and conditions of the zoning ordinance that was in effect at the time of filing, provided that the approval is still required under the terms of this UDO. The property and the proposal for which a variance or map change was sought will be subject to all regulations of this UDO, unless otherwise required by these transition rules or bylaw.

(Amd. of 1-14-2020; Ord. No. 2024-17, § II(Att. A), 9-18-2024)

(a)

Purpose. The purpose of the Comprehensive Plan is to provide jurisdiction-wide policies to guide the major decisions of the City and other governmental entities within the City, including zoning decisions and other land use related decisions. The Comprehensive Plan may include special focus components such as park, school, and public utility plans.

(b)

Comprehensive Plan Incorporated. The most recently adopted Comprehensive Plan and any related plan(s) incorporated as part of or in support of the Comprehensive Plan, are hereby incorporated into and made a part of this UDO. Two copies of the Comprehensive Plan are on file and available for public inspection in the Office of the City clerk.

(c)

Transportation Plan. The Transportation Plan is a component of the Comprehensive Plan that:

(1)

Establishes functional classification and street typologies of public rights-of-way;

(2)

Determines locations and cross-sections for new, extended, or redesigned existing public rights-of-way;

(3)

Provides guidance for development review including but not limited to public streets, sidewalks, bicycle facilities, on-street parking, public transit facilities, and other transportation facilities; and

(4)

Establishes a conceptual transportation network for the purpose of right-of-way dedication and construction standards.

(d)

Relationship Between Comprehensive Plan and this UDO.

(1)

The Comprehensive Plan is the principal land use policy document for the City. This UDO is the primary implementing document of the Comprehensive Plan. Together, these documents establish guidelines and regulate land use within the City.

(2)

When considering amendments to the UDO text and/or maps, the Plan Commission and Common Council shall pay reasonable regard to the recommendations of the Comprehensive Plan and any subsequent amendments.

(e)

Relationship of Subarea Plans to the Comprehensive Plan. Another type of policy plan which guides the decisions of the City is the subarea plan. Subarea plans are amendments to the Comprehensive Plan, designed to more specifically address areas which are unique within the City and require a more deliberate approach to their proper development.

(Amd. of 1-14-2020)