The Ordinance as amended, comprising of Chapter 90 of the New Palestine Code, shall hereafter be referred to as the "Zoning Code of New Palestine, Indiana, 2001" or "Zoning Code."

The provisions of this Ordinance shall be held to be minimum requirements adopted for the purpose of:

A.   Promoting the health, safety, comfort, convenience, morals, and general public welfare;

B.   Securing adequate light, air, convenience of access and safety from fire, flood and other dangers; and

C.   Lessening or avoiding congestion on the public streets.

To these ends this Ordinance is intended to establish and accomplish certain standards and objectives by:

A.   Classifying, regulating and limiting the height, area, bulk, and use of buildings hereafter to be erected;

B.   Regulating and determining the area of front, rear, and side yards, courts, and other open spaces about such buildings;

C.   Regulating and determining the use and intensity of use of land and lot areas;

D.   Classifying, regulating, and restricting the location of trades, callings, industries, commercial enterprises, and the location of buildings designed for specified uses;

E.   Classifying and designating the rural lands amongst agricultural, industrial, commercial, residential, and other uses and purposes;

F.   Dividing the Town into districts of such kind, character, number, shape, and area as may be deemed necessary to carry out the purposes of the Comprehensive Plan;

G.   Providing controls over additions to, alterations and remodeling of existing buildings and structures;

H.   Providing controls governing the continuation of those uses, buildings, and structures, which are incompatible with the character of the district in which they are located;

I.   Defining the powers and duties of the administrative officers and badges for the administration and enforcement of this Ordinance; and

J.   Prescribing penalties for the violation of the provisions of this Ordinance or of any amendment thereto.

The Zoning Ordinance shall be interpreted, administered and enforced in a manner that is consistent with the foregoing purposes.

Except as provided in these regulations, no building, structure or premises may be used for any purpose other than those permitted in the zoning district in which the building, structure or premises is located. No land or lot area may be reduced, diminished, used or developed except in accordance with all applicable provisions of this Ordinance. No building or structure may be altered, erected, constructed, installed, moved, replaced or maintained except in accordance with all applicable provisions of this Ordinance.

This Zoning Ordinance, as enacted pursuant to the Indiana home rule and planning enabling legislation (I.C. § 36-1-3-4 and I.C. § 36-7-4-1 et seq., as amended), and pursuant to the New Palestine Code and all other applicable authorities and provisions of Indiana statutory and common law, shall apply to all land use within the jurisdiction of the Commission.

A.   The Zoning Ordinance shall be interpreted to include any and all other provisions of the New Palestine Code, which are necessary for an understanding of this Ordinance and the attainment of its purposes. The Town Council of the Town of New Palestine, Indiana, intends that all Town Code provisions relating to land use, and all orders, rules, and regulations established pursuant to said provisions, be read as part of a uniform system of land use regulation.

B.   All departments, officials and employees of New Palestine, Indiana, that are vested with the duty or authority to issue permits, certificates or approvals, shall conform to the provisions of this Ordinance and shall issue no permit, certificate or approval for any use, structure or activity if the same would be in conflict with the provisions of this Ordinance. Any permit, certificate or approval issued in conflict with the provisions of this Ordinance shall be null and void and, in no event, shall act as a waiver of the standards and requirements of these regulations.

In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements for the promotion and protection of the public health, safety, morals, and general welfare.

A.   The conditions imposed by any provision of this Ordinance occur when the following are effected or modified in any way:

   1.   Use of land, buildings, or structures;

   2.   Height of buildings or structures;

   3.   Floor area requirements;

   4.   Lot area and width requirements; and

   5.   Yard and other open space requirements that are either more restrictive or less restrictive than the standards imposed by any other provision of this Ordinance or of any other law, ordinance, resolution, rule, or regulation of any kind. The regulations which are more restrictive or which impose higher standards or requirements shall govern.

B.   This Ordinance is not intended to abrogate any easement, covenant, or other private agreement; provided that where the regulations of this Ordinance are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this Ordinance shall govern.

C.   No building, structure, or use not lawfully existing at the time of the adoption of this Ordinance, shall become or be made lawful solely by reason of the adoption of this Ordinance; and to the extent that, and in any manner that said unlawful building, structure, or use is in conflict with the requirements of this Ordinance, said building, structure, or use remains unlawful hereunder.

It is hereby declared to be the intention of the Town Council of the Town of New Palestine that the several provisions of this Ordinance are separable in accordance with the following:

A.   If any court of competent jurisdiction shall adjudge any provision of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included in said judgment;

B.   If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Ordinance to a particular property, building, or structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgment.

Unless otherwise specifically provided, the time within which an act is to be done shall be computed by excluding the first and including the last day of the specified period of time. If the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. When the period of time prescribed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded.

This Ordinance shall not be construed as abating any action now pending under, or by virtue of, prior existing planning and zoning regulations, or as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm, or corporation, or as waiving any right of the Town under any section or provision existing at the time of adoption of these regulations, or as vacating or annulling any rights obtained by any person, firm, or corporation, by lawful action of the Town except as shall be expressly provided for in this Ordinance.

Upon the adoption of this Ordinance according to law, the New Palestine Zoning Ordinance that was adopted in 1989, as amended, is hereby repealed, except for such sections herein expressly retained or as necessary to affect the transition rules of Subsection 9.15 of this Section.

The attachment of reasonable conditions to the use and development of land within the jurisdiction of the Board as part of the approval of rezoning petitions, special exceptions, home occupations, temporary uses, variances, development plans, plat vacations and amendments, or as otherwise authorized, is an exercise of a valid police power delegated to the Town by the State. The applicant has the duty of compliance with conditions laid down by the Council for design, dedication, improvement, and restrictive use of the land in order to conform to the physical and economical development of the Town and for the safety and general welfare of present and future landowners and citizens of the Town. The failure to comply with any such conditions may be cause for denial of the permits, certificates, and approvals prescribed by this Ordinance and shall constitute a violation of the Zoning Ordinance.

For purposes of this Ordinance, if written notice is required to be given to any person, such requirement shall be considered satisfied as of the date of deposit of the written notice in the United States mail, postage pre-paid, addressed to the person or agent thereof, at his last known address or principal place of delivery.

The Zoning Administrator shall establish the form of all certificates, notations, applications and findings required or permitted by these regulations. All such forms must be approved by the Council and must be consistent with this Ordinance.

In determining the applicability of this Zoning Ordinance with respect to the previously applicable zoning regulations, the following rules shall apply:

A.   When a use lawfully existing on the effective date of this Zoning Ordinance was classified as a permitted use prior to the effective date of this Zoning Ordinance, and such use is classified as a Special Exception by this Zoning Ordinance, such use shall be deemed a lawful nonconforming use. Such use may be granted as a Special Exception in the manner prescribed by Section 3 of these regulations or, alternatively, may continue subject to the nonconforming use provisions of Section 2 of this Ordinance.

B.   When a use lawfully existing as a permitted use on the effective date of this Zoning Ordinance, or any amendment thereto, no longer classified as a permitted use in the zoning district in which it is located, such use shall be deemed a lawful nonconforming use and shall be subject to the nonconforming use provisions of Section 2 of this Ordinance.

C.   Where any building, structure or lot lawfully existing on the effective date of this Zoning Ordinance does not meet all development standards set forth in this Zoning Ordinance, or any amendment thereto, such building, structure, or lot shall be deemed lawfully nonconforming and shall be subject to the nonconforming use provisions of Section 2 of this Ordinance.

D.   When, before the effective date of this Zoning Ordinance, a complete application has been filed for an improvement location permit for a building or structure which conforms to all applicable regulations in effect prior to the effective date of this Zoning Ordinance, the building or structure may be completed in accordance with the plans on the basis of which the application was submitted, subject to the provisions of Section 5 of these regulations. Upon completion, said building or structure may be occupied for the use which was specified on the improvement location permit application, provided said use at the time of application was classified as permitted, or if classified as a special exception, had been approved by the Board of Zoning Appeals. Provided, also, if the use originally intended no longer complies with all requirements of this Zoning Ordinance such use shall be a lawful nonconforming use subject to the nonconforming use provisions of Section 2 of this Ordinance or, alternatively, as a special use subject to the special exception provisions of Section 3 of this Ordinance. However, in the event that said application or permit expires or is suspended or revoked in accordance with Section 7 of this Ordinance, any new permit application that is submitted after the effective date of this Ordinance shall be subject to the provisions in this Ordinance.

E.   All variances granted prior to the effective date of this Zoning Ordinance shall remain in full force and effect subject to the conditions of variance approval. However, such variance shall apply only to the specific variance of use or development standard granted.

F.   All special exception permits granted prior to the effective date of this Zoning Ordinance shall remain in full force and effect subject to the conditions of special exception approval. Expansion or change in use shall require compliance with this Zoning Ordinance.

G.   An development plan approved under the previous zoning ordinance and shown on the previous zoning maps shall constitute an approved development plan subject to the standards and conditions of development plan approval. Subsequent development plans for the site shall comply with the previous zoning ordinance provisions concerning development plans or, alternatively, the developer may choose to comply with the development plan provisions of this Ordinance, provided that the proposed development plan does not conflict with the standards and conditions applicable to the approved development plan. A development plan approved under the previous Ordinance shall constitute an approved development plan subject to the standards and conditions of development plan approval. Where an development plan has been approved but has expired, prior to the effective date of this Zoning Ordinance, the development plan shall be void and may not provide a basis for development plan approval.

H.   A preliminary and/or final plat approved prior to the effective date of this Zoning Ordinance, whether or not yet recorded, shall remain in full force and effect, subject to the standards and conditions of plat approval. Final plats may be recorded as approved in accordance with the Subdivision Control Ordinance. Preliminary plats shall be entitled to final plat approval subject to the conditions of preliminary plat approval and subject to the Subdivision Control Ordinance and the Zoning Ordinance provisions that were in effect at the time of preliminary approval. Lots in such subdivisions shall be established in their platted size and configuration as lots of record. All subsequent resubdivision, vacation and/or amendment of such plats shall be made under the provisions of the current Comprehensive Plan, the current Subdivision Control Ordinance and this Zoning Ordinance. A full and complete application for preliminary plat approval conforming to all applicable regulations in effect at the time of application shall be entitled to review under the regulations in effect at the time of application with respect to lot size and configuration. Upon approval, lots in such plats shall be established in their platted size and configuration as lots of record.

A lot of record at the time of the adoption of this Ordinance in a residence district which is unable to meet the requirements of this Ordinance as to area and yard requirements and which cannot be increased in area by the addition of contiguous land in the same ownership may be used for a single-family detached dwelling, provided it shall meet all the other requirements of this Ordinance and the following additional requirements:

A.   The applicant shall furnish with the application for a building permit a survey showing the land upon which he proposes to erect a single-family detached dwelling, also showing the lots on either side of the said lot with all improvements thereon, the widths of adjoining side yards and any projections of buildings or structures therein duly plotted on said survey.

B.   An affidavit shall be provided by the owner of record of the lot described in the application for a building permit, which states that the applicant is not holding title to a contiguous lot and that the applicant has not been the owner of a contiguous lot at any time following the effective date of this Ordinance.

C.   The Zoning Administrator may issue a permit for erecting a single family detached dwelling on the subject lot upon compliance with all of the foregoing provisions and all other applicable provisions of this Ordinance. The said Zoning Administrator may, when requested by the applicant, approve in specific cases a reduction in side yard width requirements, but neither side yard shall have a width less than ten percent of the width of the lot.