4.1.1. Establishment of districts.

In order to classify, regulate, and restrict the use of land, buildings, and structures; to regulate the area of yards and open spaces about buildings; to regulate the intensity of land use, and to promote orderly growth within areas subject to these land development regulations the following zoning districts are established:

4.1.2. Official zoning atlas.

The land areas subject to these land development regulations are hereby divided into zone districts as set out in this article above and as shown on the official zoning atlas of the county. The official zoning atlas, which may consist of one (1) or more maps, together with all explanatory material shown therein, is hereby adopted by reference and declared to be part of these land development regulations. The official zoning atlas is and shall remain on file in the office of the land development regulation administrator. The official zoning atlas shall be identified by the signature of the chairperson of board of county commissioners and attested by the clerk of the circuit court of the county.

If, in accordance with the provisions of these land development regulations, changes are made in district boundaries or other subject matter portrayed on the official zoning atlas, such changes shall be made on the official zoning atlas promptly after the amendment has been adopted by the land development regulation administrator.

No changes of any nature shall be made on the official zoning atlas or matter shown thereon except in conformity with the procedures set forth in these land development regulations.

The official zoning atlas which shall be located in its designated place easily accessible to the public, shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in areas subject to these land development regulations.

All zoning atlases or remaining portions thereof, which have had the force and effect of official zoning maps or atlases for areas subject to these land development regulations, shall be retained as a public record and as a guide to the zoning status of land and water areas prior to such date.

4.1.3. Rules for interpretation of district boundaries.

4.1.3.1. District regulations extend to all portions of districts surrounded by boundaries. Except as otherwise specifically provided, a district symbol or name shown within district boundaries on the official zoning atlas indicates that district regulations pertaining to the district extend throughout the whole area surrounded by the boundary line.

4.1.3.2. Rules where uncertainty exists. Where uncertainty exists as to the boundaries of districts as shown on the official zoning atlas, the following rules shall apply:

1.

Centerlines. Boundaries indicated as approximately following the centerlines of dedicated streets, highways, alleys, or rights-of-way shall be construed as following such centerlines as they exist on the ground, except where variation of actual location from mapped location would change the zoning status of a lot or parcel, in which case the boundary shall be interpreted in such a manner as to avoid changing the zoning status of any lot or parcel. In case of a street vacation, the boundary shall be construed as remaining in its location except where ownership of the vacated street is divided other than at its center, in which case the boundary shall be construed as moving with the ownership.

2.

Lot lines. Boundaries indicated as approximately following lot lines, public property lines, and the like shall be construed as following such lines; provided, however, that where such boundaries are adjacent to a dedicated street, alley, highway, or right-of-way and the zoning status of the street, highway, alley, or right-of-way is not indicated, the boundaries shall be construed as running to the middle of the street, highway, alley, or right-of-way. In the event of street vacation, interpretation shall be as provided in [paragraph] 1 above.

3.

City or town limits. Boundaries indicated as approximately following city or town limits shall be construed as following such city or town limits.

4.

Railroad tracks. Boundaries indicated as following railroad tracks shall be construed as being midway between the main tracks.

5.

Mean high-water lines; centerlines of streams, canals, lakes, or other bodies of water. Boundaries indicated as following mean high-water lines or centerlines of streams, canals, lakes, or other bodies of water shall be construed as following such mean high-water lines or centerlines. In case of a change in mean high-water line, or of the course or extent of bodies of water, the boundaries shall be construed as moving with the change, except where such moving would change the zoning status of a lot or parcel; and in such case, the boundary shall be interpreted in such a manner as to avoid changing the zoning status of any lot or parcel.

6.

Body of water. Boundaries indicated as entering any body of water but not continuing to intersection with other zoning boundaries or with the limits of jurisdiction of board of county commissioners shall be construed as extending in the direction in which they enter the body of water to intersection with other zoning boundaries or with the limits of jurisdiction of the board of county commissioners.

7.

Boundaries parallel. Boundaries indicated as parallel to or extensions of features indicated in [paragraphs] 1 through 6 above shall be construed as being parallel to or extensions of such features.

8.

Measurement of district boundaries. Distances not specifically indicated on the official zoning atlas shall be determined by the scale of the map showing the property in question.

4.1.3.3. Cases not covered by section 4.1.3.2. In cases not covered by section 4.1.3.2 above, the land development regulation administrator shall interpret the official zoning atlas in accord with the intent and purpose of these land development regulations. Appeal from the interpretation of the lane development regulation administrator shall be only to the board of adjustment in conformity with article 12 of these land development regulations.

4.1.4. Schedule of district regulations.

The restrictions and controls intended to regulate development in each zoning district are set forth in the Schedule of District Regulations within this article and are supplemented by section 4.18, Supplementary District Regulations and section 2.3, Nonconformities.

4.1.5. Application of district regulations.

The regulations, set by these land development regulations, within each district shall be minimum or maximum limitations, as appropriate to the use, and shall apply uniformly to each class or kind of structure, use, land, or water. Except as hereinafter provided:

4.1.5.1. Zoning affects use or occupancy. No structure, land, or water shall hereafter be used or occupied, and no structure or part thereof shall hereafter be erected, constructed, reconstructed, located, moved, or structurally altered except in conformity with the regulations specified in these land development regulations for the district in which it is located.

4.1.5.2. Zoning affects height of structures, population density, lot coverage, yards, and open spaces. No structure shall hereafter be erected or altered:

1.

To exceed height, bulk, or floor area;

2.

To provide a greater number of dwelling units or less lot area per dwelling unit;

3.

To provide less lot area per dwelling unit or to occupy a smaller lot; or

4.

To occupy a greater percentage of lot area; or to provide narrower or smaller yards, courts, or open spaces; or lesser separation between buildings or structures or portions of buildings or structures, than herein required; or in any other manner contrary to the provisions of these land development regulations.

4.1.5.3. Multiple use of required space prohibited. No part of a required yard or other required open space, or off-street parking or off-street loading space, provided in connection with one (1) structure or use shall be included as meeting the requirements for any other structure or use, except where specific provision is made in these land development regulations.

4.1.5.4. Reduction of lot area prohibited. No lot or yard existing at the effective date of these land development regulations shall thereafter be reduced in dimension or area below the minimum requirements set forth herein, except by reason of a portion being acquired for public use in any manner including dedication, condemnation, purchase, and the like. Lots or yards created after the effective date of these land development regulations shall meet at least the minimum requirements established by these land development regulations.

4.1.6. Definitions of groupings of various districts.

Where the phrases "all conservation districts," "conservation districts," "zoned conservation," "conservation zone," or phraseology of similar intent are used in these land development regulations, the phrases shall be construed to include the following district:

Where the phrases "environmentally sensitive area districts," "zoned environmentally sensitive," "environmentally sensitive zone," or phraseology of similar intent are used in these land development regulations, the phrases shall be construed to include the following districts:

Where the phrases "all agricultural districts," "agricultural districts," "zoned agriculturally," "agricultural zone," "agriculturally zoned," or phraseology of similar intent are used in these land development regulations, the phrases shall be construed to include the following districts:

Where the phrases "one (1) family residential districts," "one (1) family residential district," "zoned for one (1) family residential purposes," or phraseology of similar intent are used in these land development regulations, the phrases shall be construed to include the following districts:

Where the phrases "all residential districts," "residential district," "zoned residentially," "residentially zoned," "zoned for residential purposes," or phraseology of similar intent are used in these land development regulations, the phrases shall be construed to include the following districts:

Where the phrases "office districts," "office district," "zoned for office purposes," or phraseology of similar intent are used in these land development regulations, the phrases shall be construed to include the following districts:

Where the phrases "commercial districts," "zoned commercially," "commercially zoned," "commercial zoning," or phrases of similar intent are used in these land development regulations, the phrases shall be construed to include the following districts:

Where the phrases "industrial districts," "zoned industrially," "industrially zoned," "industrial zoned," or phraseology of similar intent, are used in these land development regulations, the phrases shall be construed to include the following districts:

Where the phrases "planned residential development," "zoned for planned residential development," or phrases of similar intent are used in these land development regulations, the phrases shall be construed to include the following districts: