Elkhart City Zoning Code
DISTRICTS AND
BOUNDARIES
§ 151.025 OFFICIAL ZONING MAP.
(A) The locations and boundaries of the districts established herein are shown upon the official zoning map which is part of this chapter. The official zoning map, together with all notations, references and other information shown thereon and all amendments thereto, shall be part of this chapter and shall have the same force and effect as if fully set forth herein. The map shall be located in the Elkhart City Planning and Zoning Office and a certified copy thereof shall be on file with the Elkhart City Clerk and shall be open to public reference at all times during normal business hours.
(1) The official zoning map shall be identified by the signature of the Mayor, attested by the City Clerk, and bear the seal of the city and the effective date of this chapter.
(2) If changes are made in district boundaries or other matters portrayed on the official zoning map by amendment, the changes shall be made by the Zoning Administrator when the amending ordinance authorizing such changes becomes effective.
(3) Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map located in the Planning and Zoning Office shall be the final authority as to the current zoning status.
(4) No changes of any nature shall be made in the official zoning map or any matter shown thereof except in conformity with the procedures and requirements of this chapter. It shall be unlawful for any person to make any unauthorized change in the official zoning map.
(5) If the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes, the City Council may, by resolution, adopt a new official zoning map or portion thereof which shall supersede the prior map or portion.
(B) If changes are made in district boundaries or other matters portrayed on the official zoning map by amendment, the changes shall be made by the Planning and Zoning Staff when the amending ordinance authorizing such changes becomes effective.
(1979 Code, § 151.020) (Ord. 4370, passed 7-20-1998; Am. Ord. 4683, passed 7-1-2002)
§ 151.026 INTERPRETATION OF DISTRICT BOUNDARIES.
Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:
(A) Boundaries indicated as approximately following the center lines of rights-of-way shall be construed to follow such center lines.
(B) Boundaries indicated as approximately following platted lot lines shall be construed as following the lot lines.
(C) Boundaries indicated as approximately following city limits shall be construed as following the city limits.
(D) Boundaries indicated as following railroad lines shall be construed to follow the center line of the right-of-way.
(E) Boundaries indicated as following shore lines or bodies of water shall be construed to follow the shore lines. Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow the center lines. In the event of change in the shore line or center line, the line shall be construed as moving with the actual shore line or center line.
(F) Boundaries indicated as parallel to or extensions of features indicated in divisions (A) through (E) above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.
(G) Where physical features existing on the ground are at variance with those shown on the official zoning map or in other circumstances not covered by divisions (A) through (E) above, the Planning and Zoning Staff shall interpret the district boundaries.
(H) Where a district boundary line divides a zoning lot which was in existence as such lot at the effective date of this chapter, the Planning and Zoning Staff shall make a determination as to the appropriate zoning category for the zoning lot and adjust the boundary line accordingly.
(1979 Code, § 151.021) (Ord. 4370, passed 7-20-1998; Am. Ord. 4683, passed 7-1-2002)
§ 151.027 LAND HEREAFTER ANNEXED TO THE CITY.
(A) All land annexed to the city after the effective date of this chapter shall, at the time of annexation, retain the use district classification name and planned unit development district provided in the Elkhart County Zoning Ordinance, as amended, except that all agricultural use districts in the county’s Zoning Ordinance shall automatically be classified under this chapter in the R-1 One-Family Dwelling district until the classification is changed by the City Council. Where discrepancies occur between the district regulations of the Elkhart County and Elkhart City Zoning Ordinances, the Elkhart City Zoning Ordinance shall apply after the effective date of annexation.
(B) All special exceptions and any other special district rights granted by the Elkhart County Board of Zoning Appeals shall be retained upon annexation.
(C) Any use or activity conducted in compliance with regulations of the Elkhart County Zoning Ordinance but which, at the effective date of annexation to the city, would not be in compliance with the regulations of this chapter may be continued and regulated in the same manner as other nonconformities of this chapter.
(D) Any use or activity which, at the effective date of annexation to the city, is contrary to the provisions both of this chapter and the Elkhart County Zoning Ordinance shall constitute a violation of the applicable provisions of this chapter.
(1979 Code, § 151.022) (Ord. 4370, passed 7-20-1998)
§ 151.028 ESTABLISHMENT OF DISTRICTS.
The city is divided into the following districts:
(A) Use districts.
(1) Residential districts:
(a) R-1, One-Family Dwelling District;
(b) R-2, One-Family Dwelling District;
(c) R-3, Two-Family Dwelling District;
(d) R-4, Multiple-Family Dwelling District;
(e) R-5, Urban Residential District; and
(f) MHP, Mobile Home Park District.
(2) Business districts:
(a) O, Office District;
(b) B-1, Neighborhood Business District;
(c) B-2, Community Business District;
(d) B-3, Service Business District;
(e) B-4, Regional Business District;
(f) CBD, Central Business District;
(g) OP, Office Park District; and
(h) BP, Business Park District.
(3) Manufacturing districts:
(a) M-1, Limited Manufacturing District; and
(b) M-2, General Manufacturing District.
(4) PUD Planned Unit Development District
(B) Overlay districts.
(1) DP, Development Plan Overlay District;
(2) FP, Special Flood Hazard Area Overlay District;
(3) WC, Wetlands Conservation Overlay District; and
(4) AC, Air Space Control Area Overlay District.
(C) Image. Pursuant to Ord. 4762, passed 8-1-2003 the following figure is hereby incorporated by reference as if fully set out herein: Figure 3A.
(1979 Code, § 151.023) (Ord. 4370, passed 7-20-1998; Am. Ord. 4762, passed 8-1-2003)