New Harmony City Zoning Code
GENERAL PROVISIONS
§ 152.001 SHORT TITLE.
This chapter shall be known as the “Zoning Ordinance of the town.”
(Prior Code, § 17.04.010) (Ord. 1973-2, passed - -)
§ 152.002 PURPOSE.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals, and general welfare. Among other purposes, the provisions of this chapter are intended to provide for adequate light and convenience of access; to lessen congestion in the streets; to secure safety from fire and other dangers; to avoid undue concentration of population by regulating and limiting the density and use of land; the height and bulk of buildings; to limit and determine the size of open spaces; to conserve the value of property and to encourage the most appropriate use of land throughout the town and within the planning area of jurisdiction.
(Prior Code, § 17.04.020) (Ord. 1973-2, passed - -)
§ 152.003 SCOPE.
It is not intended by this chapter to repeal, abrogate, annul, or interfere with existing provisions of other laws or ordinances, except those specifically or impliedly repealed by this chapter, or any private restrictions placed upon property by covenant, deed, or other private agreement unless repugnant hereto.
(Prior Code, § 17.04.030) (Ord. 1973-2, passed - -)
§ 152.004 CONTROL.
Where this chapter imposes a greater restriction than is imposed or required by such rules, regulations, or private restrictions, the provisions of this chapter shall control.
(Prior Code, § 17.04.040) (Ord. 1973-2, passed - -)
§ 152.005 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. A subordinate structure on the same premises with a main building occupied or devoted to an accessory use. Where an ACCESSORY BUILDING is attached to the main building, such ACCESSORY BUILDING shall be considered part of the main building.
ACCESSORY USE. A use naturally and normally incidental and subordinate to a principal use on the same premises.
ALTERATION OF BUILDING. A change in the supporting members of a building, an addition, diminution, change in use, or conversion of a building or the removal of a building from one location to another.
AUTOMOBILE REPAIR SHOP. A garage, building, or area used for the repair of automobiles for a fee.
AUTOMOBILE SALES AREA. An area used for the display, sale, or rental of new or used motor vehicles or trailers in operable condition where no repair work is done.
BILLBOARD or SIGNBOARD. Any structure or portion thereof on which lettered, figured or pictorial matter is displayed for advertising purposes, not related to the premises or the nature of the business conducted thereon or the products primarily sold or manufactured thereon. This definition shall not be held to include any sign used for official notices issued by a court or public office.
BOARD. The Board of Zoning Appeals.
BOARDING HOUSE or ROOMING HOUSE. A dwelling having one kitchen and used for the purpose of providing meals and/or lodging for compensation to more than two persons other than members of the family occupying such dwelling.
DWELLING or APARTMENT. A building designed or used as the residence or sleeping place for one or more persons, including one-family, two-family, and multiple dwellings, apartment-hotels, residential hotels, and boarding houses, but not including motels, tourist cabins, or trailers.
DWELLING UNIT. One or more rooms designed for or occupied by not more than one family and two roomers or boarders.
ESSENTIAL SERVICE. The erection, construction, alteration, or maintenance of public utilities including gas, electrical, steam, communication, safety, or water systems, supply, or disposal systems.
FAMILY. A head of household, his or her spouse, children, or legal wards living together in a dwelling as a single housekeeping unit.
FLOOR AREA. The area of all floors computed by measuring the dimensions of the outside walls in a building excluding attic and basement garages.
GARAGE-PRIVATE. An accessory building or portion of a main building used primarily for the storage of passenger vehicles and not for more than one truck of a rated capacity not exceeding three-fourths tons.
HISTORICAL BUILDINGS. Any building or structure that is listed or eligible for listing in the State or National Register of Historic Places, or a National Historic Landmark; is designated as a historic property under local or state law or survey; is a contribution resource to a State or National Register Historic District or a National Historic Landmark District.
HOTEL-MOTEL. A building with transient rooms for rent to the general public.
INSTITUTION OR PUBLIC USE. Churches, schools teaching academic subjects, hospitals, convalescent or nursing homes, parks, civic centers, libraries, and other public or quasi-public uses.
JUNK OR SALVAGE YARD. An open area used for the collection, storage, dismantling, dumping, display, resale, exchange, baling, cleaning, or handling of second hand, salvaged, or used waste materials, machinery, vehicles, trailers, equipment, or furnishings but excluding automobile, boat, or trailer sales areas and uses carried on in completely enclosed buildings.
LOT. A parcel of land abutting on a dedicated street right-of-way, exclusive of any adjoining street, separated from other parcels by legal description or by a subdivision or record of survey map.
MOBILE HOME. A prefabricated dwelling designed for transportation on streets and highways on its own wheels or a flat bed or other trailer, so as to arrive at the site where it is intended to be occupied as a dwelling complete and ready for permanent occupancy except for minor incidental unpacking and assembly operations, location on jacks or permanent foundation, connection to utilities, and the like.
MOBILE HOME COMMUNITY. A land use with multiple mobile home sites.
NONCONFORMING USE. A use which is lawfully exercised within a structure or on land at the time or adoption of this chapter, or any amendment thereto, and which does not conform with the regulations of the district in which it is located.
PARKING AREA. An area used for the parking of motor vehicles for a fee or as an accommodation for clients, customers, residents, or employees.
PERSON. A legal entity or individual human being.
PRINCIPAL OR MAIN USE. The primary or predominant use of the premises.
RECREATIONAL VEHICLE. A portable vehicle with or without motive power, designed to be used for temporary sleeping and human habitation, which is either a vehicle licensed for travel on roads and identified by the manufacturer as a travel trailer or motor home, or a structure designed to be mounted on or towed behind a vehicle for travel on roads.
SERVICE STATION or FILLING STATION. A place where fuel and lubricating oils for motor vehicles are offered for sale at retail to the public, including sale of accessories and minor repair service, but not including major automotive repairs.
SIGN. Any announcement, declaration, illustration, or insignia used to advertise or promote the interests of any person, product, or project on the premises when the same is placed, painted, or displayed out of doors in view of the general public.
SINGLE OWNERSHIP. Ownership by one person or by two or more persons jointly, as tenants by the entirety, or as tenants in common, of a separate parcel of real property not adjacent to land in the same ownership.
SINGLE-FAMILY or ONE-FAMILY DWELLING. A building designed for or occupied exclusively by one family and in no case permitting more than two roomers or boarders.
STREET. A public right-of-way of 50 feet or more in width which has been dedicated for the purpose of providing access to abutting private lots or land.
STRUCTURE. Anything constructed or erected which requires permanent location on the ground or attachment to something having such location. The term BUILDING shall mean the same.
SWIMMING POOL. A constructed basin or structure for the holding of water for swimming and aquatic recreation. SWIMMING POOL does not include plastic, canvas, or rubber portable pool temporarily erected upon the ground holding less than 300 gallons of water.
TERMS. The present tense shall include the future; the singular number shall include the plural; and the plural the singular. The word SHALL is always mandatory. The word ZONE and DISTRICT are the same. Reference to a whole shall apply to a part thereof.
YARDS.
FRONT YARD. An open unoccupied space unless occupied by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the front street property line and the nearest foundation of any part of the building.
REAR YARD. A space, unoccupied except by an accessory building or use as hereinafter specifically permitted, extending across the full width of the lot between the rear foundation of any building other than an accessory building, and the real lot line.
SIDE YARD. An open unoccupied space, unless occupied by a use as hereinafter specifically permitted, on the same lot with the building between the foundation of any part of the building and the side lot line, and extending from the front yard to the rear yard.
ZONING ADMINISTRATOR. The public employee designated by the Town Council to administer this chapter.
(Prior Code, § 17.04.050) (Ord. 1973-2, passed - -; Ord. 2007-6, passed - -; Ord. 2013-6, passed 8-15-2013)
§ 152.006 ZONE DISTRICTS.
For the purpose of this chapter the town is divided into eight classes of zone districts known as:
(A) D-1 Industrial District;
(B) B-1 Business District;
(C) R-R Rural Residential District;
(D) R-200 One-Family Residential District;
(E) R-100 One-Family Residential District;
(F) R-60 One-Family Residential District;
(G) R-H One-Family Historic Residential District; and
(H) R-M Apartment District.
(Prior Code, § 17.08.010) (Ord. 1973-2, passed - -; Ord. 1975-9, passed - -)
§ 152.007 MAP.
The zoning map attached to the ordinance codified in this chapter, designated as “Zoning Map 1A,” dated May 9, 1975, is made a part of this chapter. Zone district boundaries are designed to follow existing lot lines or street center lines wherever possible.
(Prior Code, § 17.08.020) (Ord. 1973-2, passed - -; Ord. 1975-9, passed - -)