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Mishawaka City Zoning Code

ARTICLE III

ZONING DISTRICTS ESTABLISHED; ZONING MAP

Sec. 137-101.- Establishment of districts.

In order to carry out the purposes and provisions of this chapter, the following districts are hereby established:

(1)

Residential districts.

a.

R-1 single-family residential district.

b.

R-2 two-family residential district.

c.

R-3 multiple-family residential district.

d.

R-4 manufactured home residential district.

(2)

Commercial districts.

a.

C-1 general commercial district.

b.

C-2 shopping center commercial district.

c.

C-3 city center commercial district.

d.

C-4 automobile-oriented district.

e.

C-5 neighborhood commercial district.

f.

C-6 linear office commercial district.

g.

C-7 automobile-oriented restaurant commercial district.

h.

C-8 high-density suburban commercial district.

i.

C-9 automobile-oriented sales district.

j.

C-10 filling stations.

(3)

Industrial districts.

a.

I-1 light industrial district.

b.

I-2 heavy industrial district.

(4)

Special districts.

a.

S-1 extensive open space and public use district.

b.

S-2 planned unit development district.

(5)

H historic overlay district.

(Code 1985, § 159.008; Ord. No. 2988, 12-15-1986; Ord. No. 3256, 3-20-1989; Ord. No. 3263, 4-17-1989; Ord. No. 4302, 8-17-1998)

Sec. 137-102. - Incorporation of maps.

(a)

The locations and boundaries of the districts established by this chapter are shown upon the zoning map, which is hereby incorporated into the provisions of this chapter and which in its entirety, including all amendments thereto, shall be as much a part of this chapter as if fully set forth and described herein.

(b)

The zoning map, and amendments thereto, shall be maintained by the city planner or his designated representative.

(1)

Unless shown otherwise, the boundaries of the districts are lot lines, the centerlines of streets, alleys, roads, or such lines extended, and the corporate limits of the city.

(2)

Where, due to the scale, lack of detail, or illegibility of the zoning map there is any uncertainty, contradiction, or conflict as to the intended location of any district boundaries shown thereon, interpretation concerning the exact location of district boundary lines shall be determined upon written application to, or upon its own motion by, the board of zoning appeals. Such changes shall be made to the zoning map by the city planner or his designated representative within five days after the decision has been made by the board of zoning appeals.

(3)

If, in accordance with the provisions of this chapter, changes are made in district boundaries of the zoning map, those changes shall be made to the zoning map by the city planner or his designated representative within five days after the amendment has been approved by the city council, signed by the mayor, and all legal publication requirements have been adhered to.

(4)

No changes of any nature shall be made in the zoning map except in conformity with the procedures set forth in this chapter.

(5)

Regardless of the existence of purported copies of the zoning map which may from time to time be made or published, the zoning map which shall be located in the city planning office shall be the final authority as to the current zoning status of land, water areas, buildings, and other structures in the city.

(Code 1985, § 159.009; Ord. No. 2988, 12-15-1986)

Sec. 137-103. - Replacement of zoning map.

In the event that the zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the city council may by resolution adopt a new zoning map which shall supersede the prior zoning map. The new zoning map may correct drafting or other errors or omissions in the prior zoning map, but no such correction shall have the effect of amending the original zoning map or any subsequent amendment thereof.

(Code 1985, § 159.010; Ord. No. 2988, 12-15-1986)

Sec. 137-104. - Zoning of vacated areas and annexed areas.

(a)

Whenever any street, alley, railroad, or other public right-of-way is vacated by official action, the zoning district adjoining each side of the street, alley, railroad, or other public right-of-way shall be automatically extended to the center of the vacation, and all areas included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.

(b)

Any area annexed to the city shall immediately, upon annexation, be classified R-1 residential district, unless the petition for annexation specifically designates a zoning classification.

(Code 1985, § 159.011; Ord. No. 2988, 12-15-1986)