This appendix shall be formally known as the "Zoning Regulations of the City of Kendallville" and may be cited and referred to as the "Zoning Ordinance."

(Ord. No. 1205, 11-21-17)

Words used in a special sense in this Code are defined in Article II: Definitions.

(Ord. No. 1205, 11-21-17)

This Code is adopted by the City pursuant to its authority under the laws of the State of Indiana, IC 36-7-4 et seq.

(Ord. No. 1205, 11-21-17)

The zoning regulations and zone districts as herein set forth are made in accordance with the master plan to promote the public health, safety, morals, convenience, and general welfare of the community. The Plan Commission has given careful consideration to the probable future use of land in the area affected by these regulations. These regulations are hereby established for the following purposes:

A.

Basic Rights: To secure adequate light, air, convenience of access, and safety from fire, flood, and other dangers, which may include providing adequate open spaces for light, air, and outdoor uses.

B.

General Welfare: To promote the public health, safety, morals, comfort, convenience, and general welfare.

C.

Development and Growth: To promote the orderly, responsible, and beneficial development and growth of the areas within the planning jurisdiction in accordance with Kendallville land use policy.

D.

Character: To protect the character and stability of agricultural, residential, institutional, commercial, industrial, and natural areas.

E.

Circulation/Vehicular Safety: To minimize or avoid congestion on public streets and to ensure safe, convenient, and efficient traffic circulation.

F.

Environmental Integrity: To preserve and enhance the scenic beauty, aesthetics, and environmental integrity of the planning jurisdiction.

G.

Compatibility: To bring about compatibility between different land uses and to protect the scale and character of existing development from the encroachment of incompatible uses.

H.

Intensity: To regulate and restrict the use of buildings, structures, and land for business, industry, residence, and other uses.

I.

Public Service: To define the powers and duties of administrative officers and bodies, and to establish procedures for the implementation and enforcement of this Code.

J.

Compliance: To require ongoing compliance with the regulations and punitive recourse for noncompliance regarding the provisions of this Code.

(Ord. No. 1205, 11-21-17)

No structure shall be located, erected, constructed, reconstructed, moved, altered, converted, enlarged, or used, nor shall any piece of land be used, nor shall any existing use be expanded except when in full compliance with all provisions of this Code and the permits and certificates required by this Code have lawfully been issued.

(Ord. No. 1205, 11-21-17)

The lawful use of a building or premise existing at the time of the effective date of these regulations may be continued although such use does not conform to all the provisions thereof except as hereinafter provided:

A.

An existing non-compliant use may be extended throughout the building provided that no structural alterations are made therein, except those required by law.

B.

An existing non-compliant use may be changed to another non-compliant use of the same or greater restriction, provided no structural changes are made in the building. Whenever a non-compliant use has been changed to a conforming use or to a use permitted in a district of greater restrictions, it shall not thereafter be changed to a non-complaint use of less restricted district.

C.

No building shall be erected upon any premises devoted to a non-compliant use, except in conformance with the zoning regulations.

D.

A temporary building for commercial or industrial uses incidental to the residential construction and development of an approved subdivision. This may include one (1) real estate sales office placed in a model home or display home within the boundaries of the development. Said uses shall be removed upon the completion of the development.

E.

In the event that a non-complaint use of any building or premises is discontinued completely for a period of one (1) year or more, or if the assessed tax base is changed to a more restrictive use, then the use of the same shall thereafter conform to the uses permitted in the district in which it is located.

F.

When a building containing a non-compliant use is damaged by fire, explosion, act of God or public enemy to an extent of more than fifty (50) percent of its current market value, it shall not be restored except in conformity with the regulations of the district within which it is located.

(Ord. No. 1205, 11-21-17)

If any provision or the application of any provision of this code is held unconstitutional or invalid by the courts, the remainder of this code or the application of such provision to other circumstances shall not be affected.

(Ord. No. 1205, 11-21-17)

A.

Minimum Requirements: The provisions of this Code are the minimum requirements necessary for the protection of the health, safety, comfort, morals, convenience, and general welfare of the people at large.

B.

Conflict or Inconsistency:

1.

Internal: Unless otherwise specifically stated within this Code, if two (2) or more provisions of this appendix are in conflict or are inconsistent with one another, then the most restrictive provision shall apply.

2.

Federal, State and Local:

a.

Whenever a provision of this Code imposes a greater restriction or a higher standard than is required by any State or federal code or regulation, or other City ordinance or regulation, the provision of this Code shall apply. This provision shall have no effect on whether a project is to be reviewed or whether a permit is required.

b.

Whenever a provision of any State or federal code or regulation or other City ordinance or regulation, imposes a greater restriction or a higher standard than is required by this Code, the provision of the State or federal code or regulation, or other City ordinance or regulation, shall apply. This provision shall have no effect on whether a project is to be reviewed or whether a permit is required.

c.

Whenever it is unlawful for the City to impose stricter or different provisions than which is regulated by the State or federal code or regulation, the State or federal code or regulation shall apply. This provision shall have no effect on the requirements for permits at the federal, State or local level.

3.

Other: Whenever a private covenant, contract, commitment, agreement, or other similar private land use regulation imposes a greater restriction or a higher standard than is required by a provision of this Code, the City is not obligated to enforce the provisions of such private covenants, contracts, commitments, agreements, or other similar regulations.

C.

Text: If differences are found between the meaning or implication of any drawing, table, figure, title, or section heading, the text of this Code shall apply.

D.

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

E.

Delegation of Authority: If a provision in this Code requires the Zoning Administrator or other City officer to perform an act or duty, that provision shall also include any person working under the authority and supervision of the Zoning Administrator or other City officer unless specified otherwise.

F.

Mandatory and Permissive Terms: The words "shall" or "must" are always mandatory. The words "may" or "should" are always permissive.

G.

Words Used: If words used in this Code are not defined in Article 2: Definitions, they shall be construed to be the common usage of the language. Any legal or technical words not defined in this Code shall be construed to be as defined by appropriate lexicon or current and common dictionary.

H.

Tense: If words are used in a specific tense (past, future, or present) it shall be construed to include all tenses, unless the context clearly indicates a single tense.

I.

Singular/Plural Form: If words are used in singular form, the plural form shall apply and vice versa, unless the context clearly indicates the contrary.

J.

Gender: If a feminine term is used, the masculine shall also apply and vice versa.

K.

Conjunctions: The word "and" shall be construed to include all connected items in a series, conditions, and provisions. The word "or" shall be construed to include one (1) or more of the items in a series, conditions, and provisions, unless the context clearly suggests the contrary.

L.

Rounding: If a formula is used within this Code and results in a non-whole number of an indivisible object or feature, the non-whole number shall be rounded to the next highest whole number.

(Ord. No. 1205, 11-21-17)

This Code applies to all land within the corporate limits of Kendallville, Indiana and its extra-territorial jurisdiction.

(Ord. No. 1205, 11-21-17)

The following City of Kendallville ordinances are hereby repealed and are replaced by this Code:

A.

Zoning Ordinance: The Zoning Regulations of the City of Kendallville, approved June 16, 1998, Ordinance No. 928, exclusive of its associated Zoning Map.

(Ord. No. 1205, 11-21-17)

A.

Plan Commission: Any application (i.e. Development Plan Review, Primary Plat, etc.) filed with the Plan Commission or its designees that is full and complete prior to the effective date of this Code shall be regulated by the terms and conditions of the Zoning Ordinance and/or Subdivision Control Ordinance that were in place at the time of filing. However, all administrative procedures and fees shall follow those established in this Code.

B.

Rezone: Any application for a Zoning Map Amendment (Rezone) filed with the Plan Commission or its designees, that is full and complete prior to the effective date of this Code shall continue through the process to completion pursuant to the terms and conditions of the Zoning Ordinance that were in place at the time of filing. However, if there is a specific use for which the rezone was proposed, and that use would no longer be permitted in the proposed zoning district, or if the proposed zoning district no longer exists under this Code, the Zoning Administrator shall amend the application such that the request for rezoning would accomplish the same end goal for the applicant.

C.

Board of Zoning Appeals: Any application (i.e. Development Standards Variance, Administrative Appeal, etc.) filed with the Board of Zoning Appeals that is full and complete prior to the effective date of this Code shall continue the process pursuant to the terms and conditions of the Zoning Ordinance that were in place at the time of filing, provided that:

1.

Required: The application is still required by the terms of this Code; or

2.

Additional Approvals: If the proposed use or development requires additional approvals from the Board of Zoning Appeals pursuant to the terms of this Code that were not required under the previous ordinances, the application will be amended to include only those additional approvals that are now required and within the jurisdiction of the Board of Zoning Appeals.

D.

Planned Development:

1.

Detailed Development Plan: A Detailed Development Plan for a Planned Development zoning district filed with the Plan Commission or its designees that is full and complete prior to the adoption of an amendment to the PUD District Ordinance and/or Concept Plan shall continue the process pursuant to the terms and conditions of the PUD District Ordinance and/or Concept Plan in place prior to the amendment.

2.

Final Development Plan: A Final Development Plan for a Planned Development zoning district filed with the Plan Commission or its designees that is full and complete prior to the adoption of an amendment to the PUD District Ordinance and/or Concept Plan shall continue the process pursuant to the terms and conditions of the PUD District Ordinance and/or Concept Plan in place prior to the amendment. If the Final Development Plan is compliant with a Detailed Development Plan that was approved prior to the adoption of such amendment to the PUD District Ordinance and/or Concept Plan, then the Final Development Plan may be considered for approval utilizing the same standards that applied to the Detailed Development Plan.

E.

Building Sites: All new building sites shall meet the requirements of this Code unless:

1.

Building Permit: A complete Building Permit application was filed and is still valid; or

2.

Improvement Location Permit: A complete Improvement Location Permit application was filed and is still valid; or

3.

Buildable Lot: A parcel was approved as a buildable lot by the Plan Commission (valid Primary or Secondary Plat) or the Board of Zoning Appeals (valid Development Standards Variance) prior to the effective date of this Code; or

4.

Primary Plat: A complete and valid Primary Plat application has been filed with the Plan Commission prior to the effective date of this Code.

(Ord. No. 1205, 11-21-17)

The Zoning Administrator shall have the primary responsibility for administration and enforcement (or coordination of enforcement) of this Code within the City's zoning jurisdiction.

(Ord. No. 1205, 11-21-17)

This Code shall not be construed as eliminating or reducing any action now pending under, or by virtue of, an existing law or previous zoning ordinance, subdivision control ordinance, or related ordinance. This Code shall not be construed as discontinuing, reducing, modifying or altering any penalty accruing or about to accrue.

(Ord. No. 1205, 11-21-17)

The Plan Commission shall be guided by the principles and directives of the Kendallville Comprehensive Plan and this Code in making recommendations to the Common Council regarding zoning district classifications for newly annexed areas.

(Ord. No. 1205, 11-21-17)

Whenever Indiana Code cited in this Code has been amended or superseded, this Code shall be deemed amended in reference to the new or revised code.

(Ord. No. 1205, 11-21-17)

Whenever any agency, department, position, document, map, or publication referenced in this Code changes, the new or substitute agency, department, position, document, map, or publication shall be deemed incorporated into this Code.

(Ord. No. 1205, 11-21-17)

The standard zoning districts in this Code stand alone and are not part of a hierarchy or pyramidal system of zoning. For example, what is permitted in the R-1 zoning district is not necessarily permitted in the R-2 zoning district. Only those uses and development standards which are expressly permitted and noted for each zoning district apply to that zoning district.

For the purpose of this Code, the City of Kendallville has established the following zoning districts:

All parcels classified as IR, Industrial Reserve on the Zone Map are subject to all the restrictions established for the I-2, Heavy Industry District.

(Ord. No. 1205, 11-21-17)

The overlay districts as noted below have been established to add additional and unique development standards which will help the City accomplish its goals. For the purpose of this Code, the following overlay districts have been established for the purpose as stated:

Arterial and Collector Road Overlay District—This overlay district is established to promote rational, aesthetically pleasing, and cohesive development in areas along Kendallville's arterial and collector roads.

(Ord. No. 1205, 11-21-17)

As provided for in this Code, the following standard zoning districts may be rezoned to a planned development: A, R1, R2, R3, RS, AR, OS, C-1A, C-1B, C-1C, C-2A, C-3 I-1, I-2, IR, MR1 and MR2.

(Ord. No. 1205, 11-21-17)

The layout for each standard zoning district in Article III Zoning Districts identifies land uses allowed in that district. Such land uses are of two (2) kinds: permitted uses and special exception uses. Kendallville's permitted and special exception uses for each district are noted in the "Permitted Use" and "Special Exception Use" columns on each layout.

(Ord. No. 1205, 11-21-17)

Any land use not listed in Chapter 11, Land Use Matrix, in either the permitted use or special exception use column of a particular zoning district, shall be prohibited in that particular zoning district.

(Ord. No. 1205, 11-21-17)

Any land use not listed in either the permitted use or special exception use column of a particular zoning district, but that is similar or related to a use that is a permitted use or a special exception use in that zoning district may be deemed permitted through a Questionable Land Use Interpretation by the Zoning Administrator.

(Ord. No. 1205, 11-21-17)

City owned property shall retain its current zoning unless changed through proper procedures.

Any property owned by the city, including its Parks and Recreation Deparlment, shall be exempt from compliance with the requirements of the Land Use Matrix in Article XI of Appendix B—Zoning except when a use is proposed that is indicated as "not permitted" in the Matrix. Insuch cases, a Special use shall be applied for by the City through the Kendallville Board of Zoning Appeals. The application for special use shall follow all guidelines established by said board except that notification shall be given to all property owners within 300 feet from the proposed site to be developed (not from the boundary line of the entire parcel).

(Ord. No. 1242, § 1, 3-1-22)

The Commission, the Board, the Building Official, or any designated enforcement official, or any person jointly aggrieved, may institute for injunction or any other relief the court deems necessary in the Circuit Court of Noble County to restrain a person from violating the provisions of this Code. The Commission or the Board may also institute a suit for mandatory injunction directing a person or governmental unit to remove a structure erected in violation of the provisions of this Code. Any building erected, raised or converted, or land or premises used in violation of any provision of this Code or the requirements hereof, is hereby declared to be a common nuisance and as such, may be abated in such a manner as nuisance are now and hereafter may be abated.

(Ord. No. 1205, 11-21-17)

A.

Description: The map labeled "Official Zoning Map" maintained by the Plan Commission is hereby incorporated as part of this Code and is to function as the means to apply a zoning district to each parcel within the City's jurisdiction. The zoning map shall be formally known as the "Official Zoning Map," and it may be cited and referred to as the "Kendallville Zoning Map" or the Zoning Map."

B.

Location: The Official Zoning Map will be located in the Office of Director of Planning and Zoning and maintained by the Plan Commission.

C.

Zoning District Boundaries:

1.

Standard Zoning Districts: The standard zoning district boundaries shall be shown on the Official Zoning Map. The abbreviations for the standard zoning districts appearing in this Code or a specific color noted on the map legend shall be used to identify the zoning districts on the map.

2.

Overlay Districts: The overlay district boundaries shown on the Official Zoning Map shall be interpreted as follows:

a)

Labeling: An overlay district shall be noted on the Official Zoning Map with a hatch or textured pattern and be noted as such on the map legend.

b)

Fully Covered: A lot that is fully covered (bounded) by an overlay district shall be interpreted to be subject to the overlay district standards found in Article V: Development Standards.

c)

Partially Covered: A lot that is partially covered (transected) by an overlay district shall be interpreted to be subject to the overlay district standards to the extent the lot area is covered by the overlay district.

3.

Standards: Zoning district boundaries on the Official Zoning Map shall be interpreted as follows:

a.

Streets: Zoning district boundaries shown within or parallel to the lines of streets, easements, and transportation rights-of-way shall be deemed to follow the centerline of the affected street, easement or right-of-way.

b.

Section Lines: Zoning district boundaries indicated as following or being parallel to section or fractional sectional lines, platted lot lines or City corporation lines shall be construed as following or paralleling such lines.

c.

Water: Zoning district boundaries indicated as approximately following the centerline of streams, rivers or other moving bodies of water shall be construed to follow such centerlines.

d.

Vacated: Whenever any street, alley, public way, railroad right-of-way, waterway, or other similar area is vacated by 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 thereafter be subject to all regulations of the extended zoning districts. The following exception apply:

i.

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.

4.

Disputes: Any disputes as to the exact zoning district boundaries shall be determined by the Zoning Administrator. The Zoning Administrator may refuse to make a determination when he cannot definitely determine the location of a zoning district boundary. The Board of Zoning Appeals may then interpret the location of the zoning district boundary with reference to the scale of the Official Zoning Map and the purposes set forth in all relevant provisions of this Code.

D.

Regular Revisions: The Official Zoning Map shall be formally revised by the Plan Commission as changes are made (i.e. rezonings, planned unit developments, annexations). During the time it takes for each revision to be made electronically, hand drawn lines and text on a printout of the previous Official Zoning Map will be appropriate to note zoning district changes. Revisions may be made at any time to correct drafting errors, clerical errors or omissions in the map.

E.

Copies: Print copies of the Official Zoning Map may be distributed. Each copy of the Official Zoning Map shall be accurate only to the date on which it was last modified. The date of the latest revision shall also be printed on copies of the Official Zoning Map.

F.

Damage, Destruction, or Loss: In the event the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret, the Plan Commission may prepare a new map which shall depict the Official Zoning Map as accurately as possible, and shall supersede the prior map upon approval by the Common Council. The new map shall not have the effect of amending the Official Zoning Map.

(Ord. No. 1205, 11-21-17)

The powers and duties of the Common Council are described below. Duties should be interpreted as activities that are obligations. Powers should be interpreted as activities that are optional and may be initiated.

A.

Common Council Duties:

1.

Documents: Adopt, reject or amend the Kendallville Comprehensive Plan, strategic plans or Code that have been certified and submitted by the Plan Commission.

2.

Amendments: Adopt, reject or amend proposals to amend or partially repeal the text of the Kendallville Comprehensive Plan, strategic plans or Code that has been certified and submitted by the Plan Commission.

3.

Zoning Map: Adopt, reject or amend proposals to amend the Official Zoning Map certified and submitted by the Plan Commission.

4.

Fee Schedule: Adopt, reject or amend a fee schedule.

5.

Enforcement: Enforce regulations and procedures of the Kendallville Comprehensive Plan and Code to the extent of the local resolutions, ordinances and State of Indiana Law.

6.

Other: Other duties as permitted by Indiana Code.

B.

Common Council Powers:

1.

Document Amendment Initiation: Initiate amendments to the Kendallville Comprehensive Plan, strategic plans, or Code by making the proposal to the Plan Commission.

2.

Zoning Map Amendment Initiation: Initiate amendments to the Official Zoning Map by making the proposal to the Plan Commission.

3.

Other: Other powers as permitted by Indiana Code.

(Ord. No. 1205, 11-21-17)

The powers and duties of the Plan Commission are described below. Duties should be interpreted as activities that are obligations. Powers should be interpreted as activities that are optional and may be initiated.

A.

Plan Commission Duties:

1.

Documents: Adopt and maintain the Common Council approved Kendallville Comprehensive Plan and Code as authorized under Indiana State Law.

2.

Rules of Procedure: Adopt and maintain rules and procedures for holding meetings, holding public hearings, and administrating and enforcing the Kendallville Code Ordinance.

3.

Records: Maintain complete records of all meetings, hearings, correspondences, and affairs of the Plan Commission.

4.

Materials: Publish and make available to the public all plans, ordinances, and other related material that are the responsibility of the Plan Commission.

5.

Process and Seal: Adopt and maintain a permitting process and seal used to certify official or approved documents.

6.

Recommendations for Documents: Certify and submit recommendations to the Common Council including new versions of, and revisions to the Kendallville Comprehensive Plan, Appendix A-Subdivision Regulations, Appendix B- Zoning Code, and Official Zoning Map.

7.

Recommendations for PUDs: Certify and submit recommendations to the Common Council for adopting a Planned Unit Development District.

8.

Fiscal Records: Maintain monetary and fiscal records of the Plan Commission.

9.

Budget: Prepare and submit an annual budget to the Common Council.

10.

Plats: Approve or deny plats or replats of subdivisions.

11.

Waivers: Approve or deny request for waivers to the subdivision requirements of this Code.

12.

Development Plans: Approve or deny development plans and amendments to development plans.

13.

Names: Approve or deny proposed subdivision names, street names and addresses in new developments.

14.

Enforcement: Enforce regulations and procedures of the Comprehensive Plan and this Code to the extent of the local resolutions, ordinances and State of Indiana Law.

15.

Other: Other duties as permitted by Indiana Code.

B.

Plan Commission Powers:

1.

Staff: Hire, remove, and determine job descriptions for support staff with the Office of Economic Development and Planning.

2.

Committees: Establish advisory committees as necessary.

3.

Funding: Seek funding assistance through grant programs as necessary.

4.

Distribution: Distribute copies or summaries of the Kendallville Comprehensive Plan or this Code to the general public and development community.

5.

Compensation: Determine the compensation for support staff and members as provided within the budget submission to Common Council.

6.

Other: Other powers as permitted by Indiana Code.

(Ord. No. 1205, 11-21-17)

The duties of the Board of Zoning Appeals are described below. Duties should be interpreted as activities that are obligations.

A.

Board of Zoning Appeals Duties:

1.

Appeals: Hear and determine appeals from, and review any order, requirement, decision, or determination made by an administrative official or commission (except the Plan Commission) charged with the enforcement of this Code.

2.

Exceptions: Authorize exceptions to the zoning district and overlay district regulations only in the classes of uses or in particular situations as specified in this Code.

3.

Variances: Authorize, on appeal in specific cases, variances from the terms of this Code.

4.

Interpretations: Interpret the Official Zoning Map.

5.

Other: Other duties as permitted by Indiana Code.

(Ord. No. 1205, 11-21-17)

The duties delegated by the Plan Commission to the Zoning Administrator are described below. Duties should be interpreted as activities that are obligations.

A.

Zoning Administrator Duties:

1.

Plan Commission Files: Maintain complete records of all meetings, hearings, correspondences, budgets, rules of procedure, memberships, term expirations and general affairs of the Plan Commission.

2.

Plan Commission Meetings: Serve as staff advisor for the Plan Commission and any of its committees by setting agendas, conducting research, distributing meeting information.,

3.

Publish: Publish and make available to the public all plans, ordinances, and other related material that are the responsibility of the Plan Commission.

4.

Public Interaction: Be available as a first point of contact for planning and zoning questions from the public.

5.

Administrative Decisions: Make administrative decisions based on the standards and procedures in this Code.

6.

Interpretations: Interpret the standards in this Code.

7.

Applications: Process applications submitted to the Office of Director of Planning and Zoning.

8.

Review: Review permit applications and issue or deny permits submitted to the Director of Planning and Zoning.

9.

Inspections and Enforcement: Complete field inspections of improvements, structures, and uses to verify compliance with this Code.

10.

Recommendations: Prepare and present Plan Commission recommendations to other commissions and boards.

(Ord. No. 1205, 11-21-17)

This Code was certified with a favorable recommendation for adoption on this 21st day of November, 2017, by the Kendallville Plan Commission after holding a legally announced public hearing. The certification was made by the following Plan Commission vote:

(Ord. No. 1205, 11-21-17)

This Code shall become effective thirty (30) calendar days after its passage by the Common Council. Adopted by the Common Council of Kendallville, Indiana on this 21st day of November, 2017.

(Ord. No. 1205, 11-21-17)