Hancock County Unincorporated
City Zoning Code

BASIC PROVISIONS

§ 156.001 TITLE.

(A) Title. This chapter shall be formally known as the "Hancock County, Indiana Zoning Ordinance," and it may be cited and referred to as the "Zoning Ordinance" or "Ordinance".

(B) Defined words. Words used in a special sense in this chapter are defined in § 156.121. All other words shall have the meaning inferred from their context in this chapter or their ordinarily accepted definitions.

(1) The particular and specific provisions of this chapter shall supersede any general requirements that are established by it.

(2) The words SHALL and WILL are always mandatory and not discretionary. The word MAY is permissive.

(3) Words used in the present tense include the future; and words used in the singular number include the plural; and the plural includes the singular; words of the masculine gender will include the feminine and the neuter gender will refer to any gender as required, unless the context plainly indicates the contrary.

(4) The phrase USED FOR includes arranged for, designed for, intended for, maintained for, or occupied for.

(5) The word PERSON includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

(6) Unless it is plainly evident from the context that a different meaning is intended, a regulation which involves two or more items, conditions, provisions, or events connected by the conjunction AND, OR, or EITHER . . . OR, the use of the conjunction is defined as follows:

(a) AND means that all the connected items, conditions, provisions, and events apply together and not separately.

(b) OR means that the connected items, conditions, provisions, or events apply separately or in any combination.

(c) EITHER . . . OR means that the connected items, conditions, provisions, or events shall apply separately but not in combination.

(7) The word INCLUDES does not limit a term to the specified examples, but is intended to extend the term's meaning to all other instances or circumstances of like kind or character.

(8) The word TOWN means any of the towns which are members of the Area Plan Commission, the word COUNTY means Hancock County, Indiana, and the word STATE means the State of Indiana.

(Ord. 2007-1B, passed 2-5-07)

Cross reference:

Definitions, see § 156.121

§ 156.002 AUTHORITY AND PURPOSE.

(A) Authority. This chapter is adopted by Hancock County pursuant to its authority under the laws of the State of Indiana, I.C. 36-7-4 et seq. Whenever codes cited in this chapter refer to Indiana Code which has been amended or superseded, this chapter shall be deemed amended in reference to the new or revised Indiana Code.

(B) Jurisdiction. This chapter shall apply to all land within the county except for those areas under the jurisdiction of a municipality that is not a member of the County Area Plan Commission.

(1) Federal and state property. This chapter shall not apply to any property owned by the government of the State of Indiana or the United States of America. This chapter shall apply to all property owned by other units of local government, including municipalities, school corporations, etc.

(2) Heritage markers. In no instance shall this chapter be interpreted as restricting or prohibiting the State of Indiana or any of its political subdivisions from setting aside, by law, sites, memorials, edifices, and/or monuments in commemoration of persons or objects of historical or architectural interest or value, or as part of local heritage, consistent with I.C. 36-7-4-1105.

(C) Purpose. This chapter is intended to guide the growth and development of the county in accordance with the Hancock County Comprehensive Plan and the Thoroughfare Plan for the following purposes, consistent with I.C. 36-7-4-601(c):

(1) Adequate facilities. To secure adequate light, air, and convenience of access; and provide safety from fire, flood, and other dangers.

(2) Public safety. To promote the public health, safety, convenience, and general welfare.

(3) Future development. To plan for the future development of the county to the end that:

(a) The community grows with adequate public ways, utilities, health, education, and recreation facilities;

(b) The needs of agriculture, industry, and business be recognized in future growth;

(d) The growth of the community is commensurate with and promotes the efficient and economical use of public funds.

(Ord. 2007-1B, passed 2-5-07; Am. Ord. 2015-12C, passed 12-1-15)

Statutory reference:

Exercise of planning and zoning authority, see I.C. 36-7-4-203

Heritage markers, see I.C. 36-7-4-1105

Local planning and zoning, see I.C. 36-7-4 et. seq.

Zoning ordinance purpose, see I.C. 36-7-4-601(c)

§ 156.003 INTERPRETATION AND APPLICATION.

(A) Conflicting requirements. The provisions of this chapter shall be the minimum requirements for the protection of the health, safety, comfort, convenience, and general welfare of the people at large, and are designed to encourage the establishment and maintenance of reasonable community standards for the physical environment. If two or more provisions within this chapter are in conflict or are inconsistent with one another, then the provision which is most restrictive shall control.

(B) Overlapping regulations. When this chapter along with private covenants, private contracts, commitments, permits, agreements, state laws, federal laws or other regulations applies to a structure or parcel of land, the greater restriction shall control. In no instance shall this chapter be interpreted as altering or negating any other applicable regulations.

(C) Compliance. No structure shall be located, erected, constructed, reconstructed, moved, altered, converted, or enlarged; nor shall any structure or land be used or existing use be expanded, except in full compliance with all provisions of this chapter and after the lawful issuance of all permits and certificates required by this chapter.

(D) Additional Information. As the provisions of this chapter shall be the minimum requirements for the protection of the health, safety, comfort, convenience, and general welfare of the people at large, and are designed to encourage the establishment and maintenance of reasonable community standards for the physical environment, the Planning Director of the Hancock County Area Plan Commission reserves the right to require additional information.

(Ord. 2007-1B, passed 2-5-07)

§ 156.004 OFFICIAL ZONING MAP.

(A) Official zoning map. The zoning map for Hancock County in effect on the date of adoption of this chapter, officially labeled "Official Hancock County, Indiana Zoning Map", is hereby included as part of this chapter. The map may also be known and referred to as the official zoning map and as the zoning map. The official zoning map shall include the ordinance number by which it was adopted and the date of adoption.

(B) Official zoning map copies. Copies of the official zoning map may be made and distributed to interested persons. The official zoning map copies shall be labeled as copies and have the date which they were last modified printed on them. A fee may be established for the purchase of official zoning map copies.

(C) Location of the official zoning map. The official zoning map will be located in the office of the Hancock County Area Plan Commission.

(D) Zoning district boundaries and identification. The zoning district boundaries shall be as shown on the official zoning map. The abbreviations for the zoning districts appearing in this chapter shall be used to identify the zoning districts on the official zoning map. Planned unit developments shall be indicated on the official zoning map using the three-digit "PUD" abbreviation and the ordinance number by which each PUD is created. Rezonings that include conditions, commitments or restrictions shall be noted as such.

(E) Regular revisions. The official zoning map should be formally revised annually, or otherwise as the Plan Commission determines necessary.

(1) Zoning map amendments. A notation on the official zoning map shall be made within two business days of the effective date of any approved ordinance making a zoning map amendment. The notation shall be made either electronically or through a permanent-pen hand-written note. The notation shall include the ordinance number by which the change was approved and the date of the approval by the appropriate legislative body.

(2) Errors and omissions. Other revisions may be made to correct drafting or other errors or omissions in the zoning map, but shall not have the effect of amending the map.

(F) Damaged, destroyed, or lost official zoning map. In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret, the Board of County Commissioners may, by ordinance, adopt a new official zoning map which shall, to the extent possible, duplicate the accuracy of the damaged, destroyed or lost or completely destroyed, it or any significant parts shall be preserved, together with any available records of its adoption and amendment.

(G) Interpretation standards. Zoning district boundaries on the official zoning map shall be interpreted as follows:

(1) Streets and easements. Zoning district boundaries shown within the lines of roads, easements, and transportation rights-of-way shall be deemed to follow the center lines.

(2) Property lines. Zoning district boundaries indicated as following section or fractional sectional lines, platted lot lines, or municipal corporation lines shall be construed as following such lines.

(3) Bodies of water. Zoning district boundaries indicated as approximately following the center line of streams, rivers, or other bodies of water shall be construed to follow such center lines. Boundaries indicated as following shore lines shall be construed as moving with any change in the actual shore line.

(4) Divided lots. When a zoning district boundary line divides a lot or parcel, the Planning Director shall determine the applicable zoning district. The Planning Director may require a rezone or replat of the site if any portion of a construction or development proposal overlaps two or more zoning districts. The petitioner shall be responsible for filing the appropriate forms and for paying the appropriate filing fees to rezone or replat the lot or parcel. If a portion of a lot or parcel is in an overlay district, the the entire lot or parcel shall be deemed as being within the overlay district.

(5) Extensions of lines. Zoning district boundaries indicated as parallel to or extensions of the features listed in divisions (G)(1) through (4) above shall be construed as so.

(H) Interpretation procedure. The Planning Director shall determine the applicable zoning for each property in the Plan Commission's jurisdiction as described in divisions (G)(1) through (5) above.

(1) Appeals of Planning Director interpretations. Any ruling of the Planning Director pertaining to the district boundaries may be appealed to the Board of Zoning Appeals.

(2) Plan Commission interpretation required. If the Planning Director cannot definitely determine the location of a district boundary, immediate action on any affected application shall be delayed until such time when the Plan Commission determines the zoning district boundary and the Plan Commission shall interpret the location of the district boundary with reference to the scale of the official zoning map and the purposes set forth in all relevant provisions of this chapter. This interpretation may occur as part of a regular or special Plan Commission meeting and does not require a public hearing. Decisions of the Plan Commission may not be appealed to the Board of Zoning Appeals, but may be appealed to a court of jurisdiction.

(I) Effect of vacation on zoning. Whenever any street, alley, public way, railroad right-of-way, waterway, or other similar area is vacated by the proper authority, the zoning districts adjoining each side of vacated areas shall be extended automatically to the center of the vacated area. All areas included in the vacation shall then be subject to all regulations of the extended zoning districts. In the event of a partial vacation, the adjoining zoning district, or zoning district nearest the portion vacated, shall be extended automatically to include all of the vacated area.

(Ord. 2007-1B, passed 2-5-07)

§ 156.005 ADOPTION AND AMENDMENTS

(A) Transition rules. The following transition rules shall apply to the adoption of this chapter.

(1) Previously applied for improvement location permits. Any application for an improvement location permit that has been filed with the Plan Commission or its designees and is full and complete, prior to the effective date of this chapter, shall be regulated by the terms and conditions of the zoning ordinance that was in place at the time of filing. However, all administrative procedures and penalties shall follow those established by this chapter.

(2) Previously filed zoning map amendment requests. Any application for a zoning map amendment that was filed with the Plan Commission or its designees, and is full and complete prior to the effective date of this chapter, shall continue through the process to completion pursuant to the terms and conditions of the zoning ordinance that was in place at the time of filing. However, if the proposed use would no longer be permitted in the proposed zoning district or the proposed zoning district no longer exists, the Planning Director shall, with the applicant's consent which shall not be unreasonably withheld, amend the application so that the request for rezoning would accomplish the same end goal.

(3) Previously filed Board of Zoning Appeal petitions. Any application before a Board of Zoning Appeals (i.e. special exception, development standards variance) that has been filed with the Board of Zoning Appeals or its designees and is full and complete, prior to the effective date of this chapter, shall continue the process pursuant to the terms and conditions of the zoning ordinance that was in place at the time of filing, provided that:

(a) Obsolete applications. If the application is no longer required by the terms of this chapter, the application will be dismissed;

(b) Applicable regulations. The improvements to which the application relates shall be regulated by the terms and conditions of the zoning ordinance that was in place at the time of filing, consistent with division (A)(1) above; and

(c) Administrative procedures. All administrative procedures and penalties shall follow those established by this chapter.

(4) Expiration of previous approvals. All variances, special exceptions, and other applications regulated by this chapter that were approved prior to the effective date of this chapter and not executed through the proper receipt of an improvement location permit shall expire and become void one year following the effective date of this chapter.

(a) Construction approved, but not begun. All improvement location permits issued prior to the effective date of this chapter shall be void one year after their date of issue if construction has not begun.

(b) Construction begun, but abandoned. Improvement location permits issued prior to the effective date of this chapter for which construction has begun shall become void if construction is abandoned for a period of 12 consecutive months or if, in the opinion of the Planning Director, construction has otherwise ceased.

(B) Amendments. The following process and decision criteria shall apply to the amendment of this chapter.

(1) Amendment process. In accordance with I.C. 36-7-4-602, the participating legislative bodies may amend or partially repeal the text of this chapter or they may amend the official zoning map of this chapter as follows:

(a) Zoning ordinance text amendments. Any participating legislative body or the Plan Commission may initiate a proposal to amend or partially repeal the text according to the procedures of I.C. 36-7-4-602(b) and the adopted Plan Commission rules and procedures.

(b) Official zoning map amendments. Any participating legislative body, the Plan Commission, or at least 50% of the affected property owners may initiate an application to change the official zoning map according to the procedures of I.C. 36-7-4-602(c), the adopted Plan Commission Rules and Procedures, and the requirements of §§ 156.010 et seq.

(2) Decision criteria. In its review of the text and zoning map amendment proposals, the Plan Commission and appropriate legislative bodies shall consider, consistent with I.C. 36-7-4-603:

(a) The most recently adopted Comprehensive Plan;

(b) Current conditions and the character of structures and uses in each district;

(d) The conservation of property values throughout the Plan Commission's jurisdiction; and

(e) Responsible development and growth.

(Ord. 2007-1B, passed 2-5-07)

Statutory reference:

Decision criteria, see I.C. 36-7-4-603

Ordinance amendments, see I.C. 36-7-4-602(b)

Zoning map amendments, see I.C. 36-7-4-602(c)

Cross reference:

Administration generally, see §§ 156.010 et seq.

Plan Commission powers and duties, see § 156.012

§ 156.006 AREA PLAN COMMISSION.

(A) Pursuant to I.C. 36-7-4-211, the membership of the Hancock County Area Wide Plan Commission shall consist of nine members as follows:

(1) One member appointed by the County Executive from its membership.

(2) Three members appointed by the County Executive who are:

(a) Either:

1. A resident of the unincorporated area of the county; or

2. A resident of the county who owns land in the unincorporated area of the county.

(b) Not otherwise an elected or appointed office holder in a municipal, county or state government, except for appointment to the Board of Zoning Appeals as required under I.C. 36-7-4-902.

(3) One member appointed by the county fiscal body from its membership.

(4) One member appointed by the Town of Spring Lake who is a resident of the municipality.

(5) One member appointed by the Town of Shirley who is a resident of the municipality.

(6) One member appointed by the superintendents of four county school corporations who is a resident of the county.

(7) One member appointed by the County Surveyor who is a resident of the county.

(B) The term of office for the membership shall be established (retroactively if applicable) as of January 1, 2023 as follows:

(1) Members referenced in division (A)(1) - one year initially, and annually thereafter.

(2) First of three members referenced in division (A)(2) - three years initially, and four years thereafter.

(3) Second of three members referenced in division (A)(2) - four years initially, and four years thereafter.

(4) Third of three members referenced in division (A)(2) - one year initially, and four years thereafter.

(5) Member referenced in division (A)(3) - one year initially, and one year thereafter.

(6) Member referenced in division (A)(4) - two years initially, and four years thereafter.

(7) Member referenced in division (A)(5) - two years initially, and four years thereafter.

(8) Member referenced in division (A)(6) - four years initially, and four years thereafter.

(9) Member referenced in division (A)(7) - three years initially, and four years thereafter.

(C) A member serves until his or her successor is appointed and qualifies. A member vacates his or her position when he or she fails to meet the requirements of this section. A vacancy shall be filled by the appointing authority for the balance of the term.

(Ord. 2015-12C, passed 12-1-15; Am. Ord. 2019-12A, passed 12-17-19; Am. Ord. 2023-4A, passed 4-4-23)

§ 156.007 BOARD OF ZONING APPEALS.

(A) The Board of Zoning Appeals shall consist of five citizen members to be appointed in accordance with I.C. 36-7-4-902(d) as follows:

(1) One who may not be a member of any plan commission, appointed by the executive of the largest municipality in the county participating in the commission.

(2) On who may not be a member of any plan commission, appointed by the executive of the second largest municipality in the county participating in the commission.

(3) One appointed by the Board of Commissioners who is a member of the Area Plan Commission.

(4) One appointed by the Area Plan Commission from its membership.

(5) One appointed by the Board of Commissioners who is not a member of any planning commission.

(B) Pursuant to I.C. 36-7-4-905, the requirements to serve on the Board of Zoning Appeals are as follows:

(1) No member of the Board of Zoning Appeals may hold elected office, as defined in I.C. 3-5-2-17, or any other appointed office in municipal, county or state government, unless allowed to serve on the Plan Commission under I.C. 36-7-4-902.

(2) A member of the Board of Zoning Appeals must be a resident of the political jurisdictional area of the Board or must be a resident of the county and also an owner of real property located in whole or in part of the jurisdictional area of the Board.

(3) At least a majority of the total number of members appointed to the Board of Zoning Appeals must be residents of the jurisdictional area of the Board.

(C) Pursuant to I.C. 36-7-4-906(b), the initial terms beginning January 2, 2023 for the members of the Board of Zoning Appeals are as follows:

(1) Member referenced in division (A)(1) - one year;

(2) Member referenced in division (A)(2) - two years;

(3) Member referenced in division (A)(3) - three years;

(4) Members referenced in divisions (A)(4) and (A)(5) - four years.

(D) Pursuant to I.C. 36-7-4-906(a) and (c), when the initial term of office expires, each new appointment is for a term of four years. Each term expires on the first Monday of January.

(Ord. 2015-12C, passed 12-1-15; Am. Ord. 2023-4B, passed 4-4-23)