New Harmony City Zoning Code
DESIGN AND
USE REGULATIONS
§ 152.020 ZONING AFFECTS ALL STRUCTURES AND LAND AND THE USE THEREOF.
No structure, land, or premises shall hereafter be used or occupied and no building/structure shall be constructed, demolished, moved, or sustain conspicuous alteration except in conformity with the regulations herein set forth.
(Prior Code, § 17.12.010) (Ord. 1973-2, passed - -; Ord. 2010-12, passed 12-16-2010)
§ 152.021 RESTORING UNSAFE BUILDINGS.
Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any structure declared unsafe by the Zoning Administrator.
(Prior Code, § 17.12.020) (Ord. 1973-2, passed - -)
§ 152.022 MIXED OCCUPANCY.
Before issuing an improvement location permit for any premises intended or used for a combination of dwelling and commercial occupancy, the Zoning Administrator shall request a report from the Fire Chief and the County Health Officer as to any hazards that exist or may be expected to exist and their recommendations as to additional provisions necessary in the interest of safety or health. Such recommendations shall be complied with before issuance of a permit.
(Prior Code, § 17.12.030) (Ord. 1973-2, passed - -)
§ 152.023 REQUIRED AREA OR SPACE.
No lot, yard, parking area, or other space shall be so divided, altered, or reduced to make it less than the minimum required under this chapter. If already less than the minimum required, it shall not be further divided or reduced.
(Prior Code, § 17.12.040) (Ord. 1973-2, passed - -)
§ 152.024 TRAFFIC VISIBILITY.
On a corner lot in any zone other than the business district, no fence, structure, or planting over 30 inches in height above the curb line except deciduous trees shall be erected or maintained within 20 feet of the intersection of right-of-way lines so as to interfere with traffic visibility.
(Prior Code, § 17.12.050) (Ord. 1973-2, passed - -)
§ 152.025 INSTITUTIONAL USES AND ESSENTIAL SERVICES.
(A) Institutional uses are permitted in any residential zone following the review and approval of a site development plan by the Town Plan and Historic Preservation Commission (Plan Commission) prior to the issuance of an improvement location permit.
(B) Before approving such plan, the Town Plan and Historic Preservation Commission (Plan Commission) shall determine that all aspects therein conform to the requirements of the ordinance and that the physical layout and relationship of improvements will provide for the convenience, safety, and welfare of the general public and will not adversely affect existing or potential adjacent primary permitted uses.
(C) Upon approval, said plans shall be signed by the Chairperson of the Town Plan and Historic Preservation Commission (Plan Commission) and a copy thereof shall be made a part of the Commission’s file.
(D) Essential services are permitted in B and D District, and distribution facilities shall be permitted in residential districts subject to the above provisions for institutional uses.
(Prior Code, § 17.12.060) (Ord. 1973-2, passed - -)
§ 152.026 YARDS.
Every lot must provide front, rear, and side yards as required within its zone district. All front yards must face upon a public street and no lot may contain more than one principal building unless hereinafter permitted. On streets less than 60 feet in width, the required front yard shall be increased by one-half the difference between the width of the street and 60 feet.
(Prior Code, § 17.12.070) (Ord. 1973-2, passed - -)
§ 152.027 DWELLING ON REAR OF LOTS.
No dwelling shall be constructed, altered, or moved in the rear of a building situated on the same lot, nor shall any building be constructed in front of or moved in front of a dwelling situated on the same lot.
(Prior Code, § 17.12.090) (Ord. 1973-2, passed - -)
§ 152.028 EXISTING PLATTED LOTS.
(A) Only lots existing at the time of the adoption of the ordinance codified in this chapter that fail to comply with the minimum requirements of this chapter may be used in accordance with § 32.075 for a permitted use; provided, said lot is in single ownership; and further provided that 90% of all yard requirements are complied with. Any existing platted lot in single ownership which contains 90% or more of the required area and width may also be utilized as a separate lot.
(B) The use of more than one lot in single ownership where the same do not comply with 90% of the minimum requirements of this chapter shall be determined by the Board on the basis of neighborhood character.
(Prior Code, § 17.12.100) (Ord. 1973-2, passed - -)
§ 152.029 CORNER LOTS.
Where a lot is bounded by two intersecting streets, the front yard requirements shall be met on one abutting street only; provided, that no portion of the lot within 25 feet of the side lot line of any adjoining property may be utilized unless the front yard requirement for the adjoining property is met.
(Prior Code, § 17.12.110) (Ord. 1973-2, passed - -)
§ 152.030 TEMPORARY PERMITS.
The Board may authorize a temporary permit for a dwelling house to be temporarily used as a sales and management office for the sale of homes within a subdivision for a period of one year; provided, the house to be so used is built upon a lot approved as part of the subdivision.
(Prior Code, § 17.12.120) (Ord. 1973-2, passed - -; Ord. 2013-6, passed 8-15-2013)
§ 152.031 BASEMENT DWELLINGS.
The use of the basement of a partially built or planned building as a residence or dwelling unit is prohibited in all zones.
(Prior Code, § 17.12.130) (Ord. 1973-2, passed - -)
§ 152.032 WALLS AND FENCES.
(A) Retaining walls and fences not more than five feet in height measured from the natural existing ground are permitted in the required yards of all zones.
(B) Walls and solid fences of not more than six feet in height measured from the natural existing ground are permitted only in side or rear yards of any zone; provided, that a well-maintained wire protective fence is permitted in the front yards in the industrial zone.
(C) In the event that any material (including, but not limited to, soil, dirt, rocks, gravel, stone, mulch, wood, or any fabricated material) is added to the natural existing ground prior to the erection of the wall or fence, such material shall be included in the measurement of the height of the wall or fence, and the height of the wall or fence with such material included shall not exceed the maximum heights designated herein.
(Prior Code, § 17.12.140) (Ord. 1973-2, passed - -; Ord. 2021-6, passed 9-21-2021)
§ 152.033 HEIGHT EXCEPTIONS.
The height requirements of all zones may be exceeded by parapet walls not over four feet in height, chimneys, silos and farm barns, roof mounted television and radio antennas, cupolas, spires or other ornamental projections, or water towers. In the industrial zone, chimneys, cooling and fire towers, elevator buildings and bulkheads, roof storage tanks, and other necessary appurtenances are permitted above the height limitations; provided, they are located the same distance as their height from any adjoining property line.
(Prior Code, § 17.12.150) (Ord. 1973-2, passed - -)
§ 152.024 SEWER AND WATER.
No improvement location permit shall be issued for any building to be occupied by human beings unless provision has been made to provide public sewer and water to such building. In the absence of public sewer and/or water, plans and necessary soil test data shall be presented to the Zoning Administrator who shall ensure that the proposed plans for water and sewage disposal meet state, county and municipal standards before issuing a permit.
(Prior Code, § 17.12.160) (Ord. 1973-2, passed - -)
§ 152.025 REFUSE.
The storage, collection, or placing of discarded material, building material, inoperable or unlicensed motor vehicles, or refuse is prohibited in all yards in any residential zone.
(Prior Code, § 17.12.170) (Ord. 1973-2, passed - -)
§ 152.026 IMPROVEMENT LOCATION PERMIT AND APPROVAL.
(A) The Town Plan and Historic Preservation Commission (Plan Commission) review and approval is required for any of the following projects:
(1) Demolition of any building/structure;
(2) Moving any building or structure;
(3) Conspicuous alteration in the exterior appearance of existing buildings or structures other than changes in color;
(4) Any new construction of a principal building or accessory building/structure to view from a public street;
(5) Any change in the type of material or in the design of an existing sidewalk;
(6) Signs as specified in this chapter; and
(7) Improvement and/or replacement of mobile homes.
(B) An improvement permit shall be issued by the Zoning Administrator after the Town Plan and Historic Preservation Commission (Plan Commission) has reviewed the project and approval has been given.
(C) Painting other than painting of a sign is to be considered ordinary maintenance and repair; while review and approval by the Town Plan and Historic Preservation Commission (Plan Commission) of colors is not required, anyone considering an exterior color change may confer with the Commission with respect to choosing an appropriate range of colors.
(D) Nothing in this chapter shall be construed so as to prevent the ordinary maintenance or repair of any exterior elements of any building/structure.
(Prior Code, § 17.12.180) (Ord. 1973-2, passed - -; Ord. 1975-9, passed - -; Ord. 2007-6, passed - -; Ord. 2010-12, passed 12-16-2010; Ord. 2013-6, passed 8-15-2013)
§ 152.027 FLOOD PLAIN.
Any building or structure of a permanent nature to be erected in any zoning district on land subject to periodic flooding at elevations below 378 feet above sea level shall be erected subject to the provisions of Ordinance 1975-4.
(Prior Code, § 17.12.190) (Ord. 1973-2, passed - -; Ord. 1975-9, passed - -)
§ 152.028 ADMINISTRATIVE BUILDING COUNCIL.
Buildings or structures to be erected in any zoning area may also be subject to certain structural and other requirements of the Administrative Building Council as established by state law, I.C. 22-11-1.
(Prior Code, § 17.12.200) (Ord. 1975-9, passed - -)