The districts established in Section 1248.04 are shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted as part of this Zoning Code.

(Ord. 82-38. Passed 9-20-82; Ord. 86-19. Passed 7-7-86; Ord. 11-28. Passed 5-16-11.)

   The Official Zoning Map shall be identified by the signature of the City Manager and attested by the Clerk of Council.

(Ord. 82-38. Passed 9-20-82.)

   Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following rules shall apply:

   (a)   Where district boundaries are indicated as approximately following the centerlines of streets or highways, street lines or highway right-of-way lines, such centerlines, street lines or highway right-of-way lines shall be construed to be such boundaries.

   (b)   Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be such boundaries.

   (c)   Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Map.

   (d)   Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of such railroad line.

   (e)   Where the boundary of a district follows a stream, lake or other body of water, such boundary line shall be deemed to be located at the limit of the jurisdiction of the Municipality, unless otherwise indicated.

(Ord. 82-38. Passed 9-20-82.)

   For the purposes, and to aid in the interpretation, of this Zoning Code, the Municipality is hereby divided into the following districts:

(Ord. 82-38. Passed 9-20-82; Ord. 88-12. Passed 6-20-88.)

   The regulations for each district set forth by this Zoning Code shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except that:

   (a)   No building, structure or land shall be used or occupied, and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered, except in conformity with all of the regulations specified in this Zoning Code for the district in which the building, structure or land is located.

   (b)   No building or other structure shall be erected or altered to provide for greater height or bulk, to accommodate or house a greater number of families, to occupy a greater percentage of lot area, or to have narrower or smaller yards or other open space, than required in this Zoning Code, or in any other manner be contrary thereto.

   (c)   No yard or lot existing at the time of passage of this Zoning Code shall be reduced in dimension or area below the minimum requirements set forth in this Zoning Code. Yards or lots created after the effective date of this Zoning Code (Ordinance 82-38, passed September 20, 1982) shall meet at least the minimum requirements set forth herein.

   (d)   Whenever any area is annexed to the City, the following conditions will apply:

      (1)   Land that is zoned prior to annexation shall be classified as being in whichever district that most closely conforms with the zoning that existed prior to annexation. Such classification shall be recommended for an interim period by the Planning Board to the City Council, and the Council shall take action upon the recommendation of the Planning Board after a public hearing.

      (2)   Land not zoned prior to annexation shall be classified in the same manner into whichever district of this Code most closely conforms with the existing use of the annexed area, or in accordance with the Comprehensive Plan in the case of vacant land.

      (3)   In all cases, within three months after the effective date of annexation, the Planning Board shall recommend the appropriate permanent zoning districts for such area to the City Council, and the map shall be amended according to the prescribed procedure set forth in Chapter 1242 of this Zoning Ordinance.

   The intent of this provision is for the City to promote the rezoning of newly annexed land from its existing township zoning classification to a new New Carlisle zone at the earliest date possible. The City Council may initiate a rezoning of land annexed to the City or encourage the property owner to apply to rezone the land.

(Ord. 82-38. Passed 9-20-82; Ord. 04-55. Passed 11-1-04.)

   For the purpose of establishing allowable uses under Chapters 1250 through 1266, any use of land or buildings which is not specifically listed under the applicable zoning district as a permitted use is prohibited. For the purpose of establishing permitted uses under Chapters 1268 through 1278, where a use is not specifically listed, the Zoning Inspector shall determine the appropriateness of a use in a particular zoning district according to the purposes stated for the district. Nothing in this section shall, however, prevent an appeal to the Board of Appeals from a decision of the Zoning Inspector.

(Ord. 82-38. Passed 9-20-82.)