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Mccordsville City Zoning Code

ZONING DISTRICTS

§ 154.040 OFFICIAL ZONING MAP.

   The Town of McCordsville is divided into zoning district classifications as described and defined in this chapter and as shown on the Zoning Map. The Zoning Map, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.
   (A)   Identification. The Official Zoning Map shall be identified by the signature of the President of the Plan Commission and attested by the Administrative Officer under the following words: "This is to certify that this is the Official Zoning Map of McCordsville, Indiana, adopted, and hereby supersedes and replaces any and all previous zoning maps." The Official Zoning Map shall also include the ordinance number by which it was adopted, the date of adoption, and the dates of any subsequent amendments.
   (B)   Location. The Official Zoning Map shall hereafter be kept in the custody of the Administrative Officer, or his or her designee. Regardless of the existence of purported copies of the Zoning Map which may from time to time be made or published, the Official Zoning Map located in the office of the Administrative Officer, or his or her designee, shall be the final authority as to the current zoning statutes of land and water areas, buildings, and other structures within the jurisdiction of the Plan Commission.
   (C)   Copies. Copies of the Official Zoning Map may be made and distributed to interested persons. All copies of the Zoning Map shall be labeled as copies and include the date on which it was obtained. A fee may be established for the purchase of Zoning Map copies.
   (D)   Amendment or replacement. No changes of any nature shall be made on the Official Zoning Map except in compliance with the procedures set forth in §§ 154.020 through 154.025, Administration. Any unauthorized change by any property owner(s) or person(s) shall be considered a violation of this chapter.
      (1)   Amendment (rezoning). Upon the passage of a map amendment (rezoning), the Town Council shall certify a copy of the amendment to the Administrative Officer. The Administrative Officer, or his or her designee, shall cause the change to be made to the Official Zoning Map in accordance with the amendment. The Administrative Officer, or his or her designee, shall cause the Official Zoning Map to show a notation, either electronically or through a permanent-pen hand written note, identifying the ordinance number, ordinance title, and date of adoption by the Town Council.
      (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.
      (3)   Replacement. In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the Plan Commission may, by resolution, recommend to the Town Council adoption of a new Official Zoning Map which shall supersede the prior map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map. The replacement map shall be identified by the signature of the President of the Plan Commission and attested by the Administrative Officer under the following words: "This is to certify that this is the Official Zoning Map of McCordsville, Indiana, and hereby supersedes and replaces all previous zoning maps."
      (4)   Preservation of the prior Official Zoning Map. Unless the prior map has been lost or completely destroyed, it or any significant parts shall be preserved, together with any available records of its adoption and amendment.
   (E)   Interpretation of district boundaries.
      (1)   Interpretation procedures.
         (a)   Administrative Officer interpretation. The Administrative Officer, or his or her designee, shall determine the applicable zoning for each property in the Plan Commission's jurisdiction. Any decision of the Administrative Officer may be appealed to the Board of Zoning Appeals.
         (b)   Plan Commission interpretation provision.. In the event that the Administrative Officer cannot definitively 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. 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 shall 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 competent jurisdiction.
      (2)   Interpretation standards. Zoning district boundaries illustrated on the Official Zoning Map shall be interpreted as follows:
         (a)   Streets and easements. Boundaries shown within the lines of roads, easements, and transportation rights-of-way shall be deemed to follow the centerlines.
         (b)   Property lines. Boundaries indicated as following section or fractional sectional lines, platted lot lines, or municipal corporation limits shall be construed to follow such lines.
         (c)   Bodies of water. 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 a shore line shall be construed as moving with any change in the actual shore line.
         (d)   Divided lots. In the event that a boundary line divides a lot or parcel, the Administrative Officer, or his or her designee, shall determine the applicable zoning district. If a portion of a lot or parcel is in an overlay district, the entire lot or parcel shall be deemed as being within the overlay district. The Administrative Officer 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 applying the appropriate filing fees to rezone or replat the lot or parcel.
         (e)   Extensions of lines. Boundaries indicated as parallel to or extensions of the features listed above in divisions (a) through (d) above shall be construed as such.
         (f)   The Conservation and Flood Plain Overlay District boundaries. Boundaries of the Conservation and Flood Plain Overlay District shall coincide with the boundaries as documented on the Flood Insurance Rate Maps for Hancock County, Indiana.
      (3)   Effect of vacation on zoning district boundaries. Whenever any street, alley, public way, railroad right-of-way, or other similar area is vacated by the proper authority, the adjoining zoning districts shall be extended automatically to the center of the vacated area. All areas included in the vacation shall then be subject to all applicable regulations of the extended zoning district. In the event of a partial vacation, the adjoining zoning district, or the zoning district nearest the portion vacated, shall be extended automatically to include all of the vacated area.
(Ord. 121410, passed 1-11-2011)

§ 154.041 ESTABLISHMENT OF ZONING DISTRICT CLASSIFICATIONS.

   For the purpose of this chapter, the town is divided into zoning district classifications. Each of the following districts is intended to stand alone and is not part of a hierarchy system of land use regulation. For example, uses permitted in a Neighborhood Commercial (CN) district are not automatically permitted in a Regional Commercial (CR) district. Only those uses expressly permitted as prescribed by the Official Use Schedule shall be permitted in said district.
   (A)   Residential districts. Residential zoning districts are intended to accommodate areas for residences and public and semi-public uses (e.g. parks and open space) which are normally associated with residential neighborhoods. In some instances, retail goods and services may be appropriate. However, when permitted, such uses shall not detract from the overall residential character of the neighborhood. Development and redevelopment in these districts should be served by sewer and water utilities and have convenient access via local roads and streets. The underlying purpose for the town's seven residential districts described below is the creation of a stable and orderly residential environment. Each of the following residential districts is intended to differentiate between density and housing needs. All residential districts should be served by sewer and water utilities.
      (1)   R1, Low Density Residential. All R1 districts are intended to accommodate areas of low density (less than one dwelling unit per acre), single-family residences.
      (2)   R2, Low-Medium Density Residential. All R2 districts are intended to accommodate areas of low to medium density (1 - 1.99 dwelling units per acre), single-family residences.
      (3)   R3, Medium Density Residential. All R3 districts are intended to accommodate areas of moderate density (2 - 2.49 dwelling units per acre), single- or two-family residences.
      (4)   R4, High Density Residential. All R4 districts are intended to accommodate area of high density (2.5 - 2.99 dwelling units per acre), single- or two-family residences.
      (5)   R5, High Density Residential. All R5 districts are intended to accommodate areas of the highest density (three or more dwelling units per acre), single- or two-family residences.
      (6)   MF1, Low-Medium Density Multi-family Residential. All MF1 districts are intended to accommodate areas of low to moderate density (less than eight units per acre) multi-family attached housing such as duplexes and townhomes. MF1 districts may also be used to provide a transition between some single-family or two-family residential districts and non-residential districts.
      (7)   MF2, Medium-High Density Multi-family Residential. All MF2 districts are intended to accommodate areas of higher density (eight or more units per acre) multi-family housing such as apartments and condominiums. MF2 districts may also be used to provide transition between some single-family or two-family residential districts and non-residential districts.
   (B)   Commercial districts. Commercial zoning districts are intended to accommodate different types of businesses and commercial uses. The intent is to establish compact districts for like uses and better provide for efficient traffic movement, parking facilities, and police and fire protection. Development and redevelopment in these districts should be served by sewer and water utilities and have convenient access via local collector and arterials streets. In general, industrial uses are excluded due to the hazards and nuisances they often present. All commercial business districts shall be served by sewer and water utilities.
      (1)   CN, Neighborhood Commercial. All CN districts are intended to accommodate smaller areas of land suitable for convenience stores, services, and amenities within close proximity to residential areas. They should enable the development of small scale, mixed-use, pedestrian-oriented neighborhood centers located at the intersection of major thoroughfares. These districts should be free of larger retailers, such as "big box" stores or other regional retail uses with 7,500 or more square feet in gross floor area, that do not serve the immediate needs of the neighborhood.
      (2)   CO, Professional Business Office. All CO districts are intended to accommodate moderate to large areas of land suitable for professional office centers with complimentary retail uses and support facilities. These districts may also be used to transition between non-residential districts and residential districts, provided they are limited to a maximum of three stories in height.
      (3)   CR, Regional Commercial. All CR districts are intended to accommodate larger areas of land suitable for a variety of businesses that serve a regional market, or require convenient access to arterial roadways and major collector streets that are designed to carry relatively large volumes of vehicular traffic. These districts can be used alone as well as in combination with other zoning districts to create community shopping, entertainment, services and public gathering spaces. These districts should be focused and centralized at intersections rather than sprawled out along the highway so as not to define the highway itself.
   (C)   Industrial districts. Industrial zoning districts are intended to accommodate low and medium intensity industrial business within the town by providing for suitable space for existing industries and their expansion as well as for future industrial development. Development and redevelopment in these districts should be served by sewer and water utilities and have convenient access via major collector and arterials streets. Performance standards, parking specifications, and yard regulations prescribed by this chapter ensure safe industrial development that is compatible with adjacent land uses. In general, all industrial districts should be sited near railroads, or collectors or arterial roadways in order to meet the anticipated transportation needs of anticipated land use activities. All industrial districts shall be served by sewer and water utilities.
      (1)   I1, Low Intensity Industrial. All I1 districts are intended to accommodate moderate to large land areas suitable for warehousing, research and development, or similar type uses where all activities take place within enclosed buildings. In this instance, low intensity industries are those industrial activities that are less likely to cause conditions that would be objectionable to neighboring properties.
      (2)   I2, Medium Intensity Industrial. All I2 districts are intended to accommodate production or assembly of modern industrial parts. In general, greater separation is needed between industries located in an I2 district and residential or commercial areas compared to those separation distances required in an I1 district.
   (D)   Overlay Districts.
      (1)   AO, Airport Overlay. The AO district is intended to regulate uses within close proximity to the Mount Comfort Airport further ensuring compatibility through additional regulations regarding height and further limiting the types of uses allowed within certain zones.
      (2)   HCO, Highway Corridor Overlay. The HCO district is intended to address the unique characteristics of the properties adjacent to the two primary transportation corridors that run through the town. Citing unique traffic management needs, development pressures, and aesthetic quality, the purpose of the HCO district is to require additional development standards and regulations without modifying the development objectives of the underlying base zoning districts.
      (3)   R/WCO, Right-of-Way Corridor Overlay. The R/WCO district is intended to address land uses and facilities located within all public rights-of-way within the incorporated limits of the town. The purpose of this overlay district is to provide for functional and appropriate land use and development standards that will allow for suitable, reliable public and private telecommunications services. The town recognizes the need for the use of small-cell facilities for telecommunications in order to serve the needs of the area, and in doing so, there is a need to minimize the adverse, undesirable impacts of such facilities.
   (E)   Other districts.
      (1)   P, Public/Semi-public. All P districts are intended to accommodate large-scale public facilities and other public/semi-public institutions where a large number of people gather or congregate.
      (2)   Old Town. In general, the Old Town district is intended to accommodate residential uses and residential conversions with an emphasis on protecting the residential character of the original town plat. In this district, commercial establishments are intended to serve the residents of and visitors to the town rather than the motoring public.
      (3)   TC, Town Center. In general, all TC districts are intended to accommodate a mix of land uses and serve as a primary commercial activity center, wherein residents and visitors can find a vast range of goods and services, and entertainment. It is further intended that all TC districts ensure a pedestrian-friendly environment with multiple destinations for working, shopping, and entertainment. In most instances, residential dwellings are encouraged, provided they are not single-family detached homes.
         (a)   In undeveloped area of town, the TC district is intended to become the most intensely developed areas within the community.
         (b)   In established areas of town, TC districts are intended to ensure the continued viability of neighborhoods and businesses. In these instances, the standards and regulations are intended to maintain contextually appropriate setbacks, uses and other standards consistent with the McCordsville Comprehensive Plan. Small parcels may need to be consolidated to provide development sites large enough for today's building and parking needs, but should be designed with an emphasis on pedestrian traffic rather than vehicular traffic, keeping parking lots to the sides and rears of the building where possible, emphasizing the front entrances, incorporating numerous buildings openings (e.g. windows and doors), and providing screening for parked cars.
      (4)   PUD, Planned Unit Developments. All PUD districts are intended to accommodate development of land in areas where there are site limitations or unique site characteristics. It is the intent of the town to encourage innovation in land development practices through the use of the planned unit development process.
(Ord. 121410, passed 1-11-2011; Ord. 101116-A, passed 10-11-2016)