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New Castle City Zoning Code

ESTABLISHMENT OF

DISTRICTS

§ 152.15 DISTRICTS ESTABLISHED; ZONING MAP.

   (A)   The jurisdictional area of the city is hereby classified and divided into 12 districts designated as follows:
District Designation:         Primarily For:
   R1            Single-Family Residence
   R2            Single- ; and Two-Family Residence
   R3            Single- ; Two- ; and Multi-Family
               Residence
   RS            Suburban Residence
   MHP            Mobile Home Park
   C1            Local Business
   C2            General Business
   C3            Shopping Center
   C4            Roadside Business (Service Center)
   I1            Industry
   I2            General Industry
   IR            Industry Reserved
   FP            Flood Plain
   (B)   The zone map, which accompanies and is hereby declared to be a part of this chapter, shows the boundaries of and the area covered by the districts.  Notations, references, indications, and other matters shown on the zone map are as much a part of this chapter as if they were fully described herein.  Areas hereafter annexed to the city shall be placed in the Rl District until rezoned, unless annexed under different zoning.
(Ord. 2281, passed 4-2-79)

§ 152.16 DISTRICT BOUNDARIES.

   (A)   In determining the boundaries of districts, and establish-ing the regulations applicable to each district, due and careful consideration has been given to existing conditions, the character of buildings erected in each district, the most desirable use for which the land in each district may be adapted, and the conservation of property values throughout the jurisdictional area.  Where uncertainty exists as to the exact boundaries of any district as shown on the zone map, the following rules shall apply:
      (1)   In unsubdivided areas, or where a district boundary subdivides a lot, the exact location of the boundary shall be determined by use of the scale of the zone map.
      (2)   In the case of further uncertainty, the Board of Zoning Appeals shall interpret the intent of the zone map as to the location of the boundary in question.
   (B)   Whenever any street, alley, public way, railroad right-of-way, waterway, or other similar area is vacated by proper authority, the districts adjoining each side of the street, alley, public way, railroad right-of-way, waterway, or similar areas shall be extended automatically to the center of the vacation and all area included in the vacation shall then and thenceforth be subject to all appropriate regulations of the extended districts.
(Ord. 2281, passed 4-2-79)

§ 152.17 DISTRICTS DEFINED.

   The districts identified above are described as follows:
   (A)   Residence districts.  Five districts, R1, R2, R3, RS, and MHP are established for residential use in conformity with the types of neighborhoods which have occurred and are likely to develop in the areas so designated in the zone map.  The districts differ primarily with respect to requirements of lot size, building ground floor area, and the number of families which may be housed in one building.  The specific requirements for each residence district are shown in Appendix A following this chapter.  Certain non-residential  special exceptions may be permitted in these districts, as described more fully in Appendix G and Appendix H following this chapter.  A brief description follows:
      (1)   Rl.  This is a single-family dwelling district which includes the major part of the jurisdictional area inside the city where the established pattern of development indicates stable development of that character.  The minimum lot and building areas required in this district recognize current desirable residential construction practices.
      (2)   R2.  This district permits single- and two-family dwellings.
      (3)   R3.  This district permits single- two-, and multiple-family dwellings. The R2 and R3 Districts include the more densely built-up sections of the city close to the central business area where a number of such uses now exist and others are likely to occur through the conversion of existing large residential structures. Minimum lot area and building area requirements in the R3 District are the lowest contained in this chapter.
      (4)   RS.  Included in this district is the large part of the jurisdictional area outside the city subject to residential use where no clear pattern of development is evident.  While the district will be used primarily for single-family dwellings,  two-family and multi-family buildings will be permitted on a density-of-use basis, with the minimum lot size being increased for each additional dwelling unit included in a building.  The RS requirements as to minimum size of lots are greater than those specified for the other residence districts.
      (5)   Mobile Home Park.  This district provides suitable locations for higher density concentration of single-family dwellings characteristic of mobile home parks and promotes quality design, landscaping, and standards of building and grounds maintenance.  The regulations of this section shall complement and be applied in addition to the State Board of Health Regulations HSE 21-R, and amendments thereto.
   (B)   Commercial districts - Four districts, Cl, C2, C3, and C4, are established to meet the specific requirements for the several classes of business uses needed to give adequate service throughout the jurisdictional area as related to present and future development. Single-, two-family, and multi-family dwellings are permitted uses in all of the commercial districts except the C3 and C4, which are designated for the shopping center and service center types of development.  All residential uses in the commercial districts are subject to the requirements of Appendix A following this chapter.  The specific requirements for business uses in these districts are given in Appendices B, C, and D following this chapter.  For special exceptions permitted in the commercial districts see Appendices G and H following this chapter.  A brief description of the commercial districts follows:
      (1)   Cl.  This district is designed and located in neighborhoods to accommodate the primary shopping and service needs of the locality.  Although limited in area occupied, these districts are important to the economic welfare of the community in placing "convenience" and "impulse" goods shops close to the consumer. The local business uses defined in § 152.26 are permitted in all commercial districts.
      (2)   C2.  This is a general business district providing for all types of business and service uses including warehouse and storage facilities as well as some light industrial operations.
      (3)   C3.  This district is provided to meet the need for retail shopping facilities in planned shopping centers in the sections of the jurisdictional area where no clear pattern of business use now exists.  It is proposed that each such business center be established on a single, well-planned site of at least six acres in area to accommodate the shopping needs of a neighborhood.  No specific parcel of property is designated for this purpose in the zone map, but one shopping center may be established within l,400 feet of a C3 symbol shown in the zone map.
      (4)   C4.  This district is provided to meet the need for special business centers to accommodate travelers at important locations along arterial streets in the jurisdictional area.  Types of business use are limited in this district.
   (C)   Industrial districts.  Three districts, Il, I2 and IR, are established to meet the present and future needs of the jurisdictional area for industrial development.  Residential uses will be excluded from the Il and I2 Districts.  Where permitted, residential and business uses will conform to the requirements set forth for them in Appendices A through D respectively, which follow this chapter, respectively.  The specific requirements for industrial uses in these Districts are given in Appendices E and F, which follow this chapter. For special exceptions in the industrial districts see Appendices G and H, which follow this chapter. A brief description of the industrial districts follows:
      (1)   I1.  This district incorporates a substantial part of the existing industrial developments and is provided for industrial operations utilizing enclosed space for storage, fabricating, and manufacturing.  It includes the lands in the jurisdictional area which are best suited to this type of industrial use.
      (2)   I2.  This district provides for general industrial operations utilizing both enclosed and unenclosed space for storage, fabricating, and manufacturing.
      (3)   IR.  This district is reserved for planned industrial parks which are also permitted in this district, while business uses are excluded.
   (D)   Flood plain district.  The FP District is established to meet the need for controlling the development of lands which have excessively high water tables or which are subject to frequent and periodic floods.
(Ord. 2281, passed 4-2-79)

§ 152.18 REGULATIONS APPLICABLE TO ALL DISTRICTS.

   (A)   Use.  No building or land shall be used and no building shall be erected, reconstructed, or structurally altered, which is arranged, intended, or designed to be used for any purpose other than a use which is permitted and specified in a district in which the building or land is located.
   (B)   Height.  No building shall be erected, constructed, or structurally altered to exceed in height the limits established and specified for the use and the district in which the building is located, except as hereinafter provided in this chapter.
   (C)   Yard, lot area, and size of building.  No building shall be erected, reconstructed, or structurally altered in any manner which will encroach upon, or reduce in any manner, the yards, ground floor area of residential buildings, or lot coverage regulations, established and specified for the use and the district in which the building is located.  No lot area shall be so reduced, diminished, and maintained that the yards, other open space, or total lot area shall be less than specified for the use and district in which the lot is located.
   (D)   Lots.  Every building hereafter erected shall be located on a lot.  In no case shall there be more than one principal building used for residential purposes and its accessory buildings, located on one lot.
   (E)   Parking space, and loading and unloading berths.  Every building hereafter erected, and every use shall have provided therefor parking space for motor vehicles and loading and unloading berths as specified hereinafter.
(Ord. 2281, passed 4-2-79)  Penalty, see § 152.99