Newdale City Zoning Code

CHAPTER I

PURPOSE, AUTHORITY, AND GENERAL PROVISIONS

What This Chapter Does. This chapter establishes the purpose of this ordinance, identifies the enabling statute pursuant to which it is adopted, repeals conflicting ordinances, establishes certain vested rights during the transition from previous ordinances, provides rules for the continuation of nonconforming uses, and establishes rules for its interpretation.
Purpose. The purpose of this ordinance shall be to promote the health, safety, growth, and general welfare of the people of Newdale by fulfilling the purposes and requirements of the Local Planning Act of 1975 and implementing the comprehensive plan.
Authority. This ordinance is adopted pursuant to the authority granted by the Local Planning Act of 1975. It includes the zoning ordinance required by I.C. 67-6511 and the subdivision ordinance required by I.C. 67-6513. It also fulfills the other requirements of the Local Planning Act, including the provision for variances required by I.C. 67-6516, the adoption of procedures for processing permits required by I.C. 6519, and the adoption of a hearing procedure required by I.C. 67-6534.
Conflicting Ordinances Repealed. All prior ordinances are repealed to the full extent of their inconsistency with this ordinance.
Vested Rights. A vested right is the right to proceed with development under previous regulations, or the right to proceed under this ordinance, pursuant to a development agreement.
1. Vested rights to proceed with development initiated prior to the adoption of the Newdale Development Code on January 1, 1998 are considered expired as of January 1, 2004.
2. Vested rights to proceed with development under the provisions of this ordinance shall be established only by: a. recording a final plat in full compliance with its provisions; b. executing a development agreement in full compliance with its provisions, or c. obtaining a Class I or Class II permit in full compliance with its provisions. Such vested rights expire with the permit. See Chapter III. Sec. M. on the duration of permit approvals.
Nonconforming Lots. A nonconforming lot is a separate parcel of land that is too small to serve as a site for residential building in compliance with this ordinance. The following list of lots was made nonconforming by this ordinance on January 1, 1998 and may be developed only as provided here.
1. List of lots: Block 2, lots 10 & 11(east 120 ft); Block 8, lot 14; Block 22, lot 5; Block 24 lot 8; Block 41, lot 5.
2. Consolidation of adjacent nonconforming lots to create conforming lots shall be required wherever such lots are in the same ownership. Nonconforming lots that are not subject to consolidation shall be divided only in order to enlarge adjoining, conforming lots. Where such divisions are made in a platted subdivision, an amended plat shall be filed. Otherwise, such divisions shall be exempt from the platting requirements of this resolution.
3. Where the only requirement of this resolution preventing construction of a single family dwelling on a nonconforming lot that is not subject to consolidation, as required by Sec. I. and Sec. F.1., is the minimum lot size, the administrator shall issue a Class I permit for a single family dwelling. Where other requirements of this resolution make construction of a single family dwelling on such a lot infeasible, the commission shall accept small lot size as the basis for the minimum, variances needed to permit construction of a single family dwelling. Conditions designed to mitigate potentially adverse consequences of development on a small lot may be attached to such variances.
Nonconforming Uses and Buildings. A nonconforming use or building was in existence on January 1, 1998, but would not comply with one or more of its requirements if submitted for approval after that date. Nonconforming uses and buildings may continue subject to the rules established here. While the purpose of these rules is to help eliminate nonconforming uses, it is recognized that routine maintenance and repair and, in some cases, a change of occupancy to another nonconforming use or replacement of a nonconforming building may be necessary to prevent community blight.
1. Any nonconforming use abandoned for more than 18 months shall be terminated. Abandonment shall not be measured by the owner's intent, but solely by the fact that use ceases for a period of 18 or more months.
2. There shall be no limit on repair or maintenance activities for nonconforming uses or buildings, provided that no such activity shall increase the degree of nonconformity.
3. Changes in occupancy may be permitted in nonconforming commercial or industrial buildings, provided that the new occupancy is no more intense (with intensity being measured by traffic and noise generation, parking requirements, and similar factors) than the existing. Requests for such changes in nonconforming occupancies shall be processed as applications for Class II permits.
4. Nonconforming buildings may be replaced, but only where the effect of the replacement is to increase compliance, to the extent feasible, with the specification and performance standards of this ordinance. Requests for replacement of nonconforming buildings shall be processed as applications for Class II permits, except that any nonconforming building destroyed by fire or other catastrophe may be replaced without a permit (a permit may be required by the IBC), if the degree of nonconformity is not in any way increased and if the replacement is completed within 12 months of the building's destruction.
Most Restrictive Standards Apply. When future ordinances, or state or federal law, impose additional standards on activities governed by this ordinance, the most restrictive standard shall apply.
Conflict with Private Agreements. This ordinance does not nullify easements, covenants, deed restrictions, and similar private agreements, but where any such private agreement imposes standards that are less restrictive than those adopted here, this ordinance shall apply.
Burden of Proof. The burden of proof shall, in all proceedings pursuant to this ordinance, rest with the developer.
Interpretation. All ordinance provisions shall be interpreted as the minimum requirements necessary to protect the public health, safety, growth, and general welfare and to implement the Local Planning Act and comprehensive plan. This ordinance is designed for consistency with the comprehensive plan and should be liberally construed to achieve that plan's purposes and intent.
Severability. If any provision of this ordinance is held to be invalid by any court, the remainder shall Continue in full force.

Newdale City Zoning Code

CHAPTER I

PURPOSE, AUTHORITY, AND GENERAL PROVISIONS

What This Chapter Does. This chapter establishes the purpose of this ordinance, identifies the enabling statute pursuant to which it is adopted, repeals conflicting ordinances, establishes certain vested rights during the transition from previous ordinances, provides rules for the continuation of nonconforming uses, and establishes rules for its interpretation.
Purpose. The purpose of this ordinance shall be to promote the health, safety, growth, and general welfare of the people of Newdale by fulfilling the purposes and requirements of the Local Planning Act of 1975 and implementing the comprehensive plan.
Authority. This ordinance is adopted pursuant to the authority granted by the Local Planning Act of 1975. It includes the zoning ordinance required by I.C. 67-6511 and the subdivision ordinance required by I.C. 67-6513. It also fulfills the other requirements of the Local Planning Act, including the provision for variances required by I.C. 67-6516, the adoption of procedures for processing permits required by I.C. 6519, and the adoption of a hearing procedure required by I.C. 67-6534.
Conflicting Ordinances Repealed. All prior ordinances are repealed to the full extent of their inconsistency with this ordinance.
Vested Rights. A vested right is the right to proceed with development under previous regulations, or the right to proceed under this ordinance, pursuant to a development agreement.
1. Vested rights to proceed with development initiated prior to the adoption of the Newdale Development Code on January 1, 1998 are considered expired as of January 1, 2004.
2. Vested rights to proceed with development under the provisions of this ordinance shall be established only by: a. recording a final plat in full compliance with its provisions; b. executing a development agreement in full compliance with its provisions, or c. obtaining a Class I or Class II permit in full compliance with its provisions. Such vested rights expire with the permit. See Chapter III. Sec. M. on the duration of permit approvals.
Nonconforming Lots. A nonconforming lot is a separate parcel of land that is too small to serve as a site for residential building in compliance with this ordinance. The following list of lots was made nonconforming by this ordinance on January 1, 1998 and may be developed only as provided here.
1. List of lots: Block 2, lots 10 & 11(east 120 ft); Block 8, lot 14; Block 22, lot 5; Block 24 lot 8; Block 41, lot 5.
2. Consolidation of adjacent nonconforming lots to create conforming lots shall be required wherever such lots are in the same ownership. Nonconforming lots that are not subject to consolidation shall be divided only in order to enlarge adjoining, conforming lots. Where such divisions are made in a platted subdivision, an amended plat shall be filed. Otherwise, such divisions shall be exempt from the platting requirements of this resolution.
3. Where the only requirement of this resolution preventing construction of a single family dwelling on a nonconforming lot that is not subject to consolidation, as required by Sec. I. and Sec. F.1., is the minimum lot size, the administrator shall issue a Class I permit for a single family dwelling. Where other requirements of this resolution make construction of a single family dwelling on such a lot infeasible, the commission shall accept small lot size as the basis for the minimum, variances needed to permit construction of a single family dwelling. Conditions designed to mitigate potentially adverse consequences of development on a small lot may be attached to such variances.
Nonconforming Uses and Buildings. A nonconforming use or building was in existence on January 1, 1998, but would not comply with one or more of its requirements if submitted for approval after that date. Nonconforming uses and buildings may continue subject to the rules established here. While the purpose of these rules is to help eliminate nonconforming uses, it is recognized that routine maintenance and repair and, in some cases, a change of occupancy to another nonconforming use or replacement of a nonconforming building may be necessary to prevent community blight.
1. Any nonconforming use abandoned for more than 18 months shall be terminated. Abandonment shall not be measured by the owner's intent, but solely by the fact that use ceases for a period of 18 or more months.
2. There shall be no limit on repair or maintenance activities for nonconforming uses or buildings, provided that no such activity shall increase the degree of nonconformity.
3. Changes in occupancy may be permitted in nonconforming commercial or industrial buildings, provided that the new occupancy is no more intense (with intensity being measured by traffic and noise generation, parking requirements, and similar factors) than the existing. Requests for such changes in nonconforming occupancies shall be processed as applications for Class II permits.
4. Nonconforming buildings may be replaced, but only where the effect of the replacement is to increase compliance, to the extent feasible, with the specification and performance standards of this ordinance. Requests for replacement of nonconforming buildings shall be processed as applications for Class II permits, except that any nonconforming building destroyed by fire or other catastrophe may be replaced without a permit (a permit may be required by the IBC), if the degree of nonconformity is not in any way increased and if the replacement is completed within 12 months of the building's destruction.
Most Restrictive Standards Apply. When future ordinances, or state or federal law, impose additional standards on activities governed by this ordinance, the most restrictive standard shall apply.
Conflict with Private Agreements. This ordinance does not nullify easements, covenants, deed restrictions, and similar private agreements, but where any such private agreement imposes standards that are less restrictive than those adopted here, this ordinance shall apply.
Burden of Proof. The burden of proof shall, in all proceedings pursuant to this ordinance, rest with the developer.
Interpretation. All ordinance provisions shall be interpreted as the minimum requirements necessary to protect the public health, safety, growth, and general welfare and to implement the Local Planning Act and comprehensive plan. This ordinance is designed for consistency with the comprehensive plan and should be liberally construed to achieve that plan's purposes and intent.
Severability. If any provision of this ordinance is held to be invalid by any court, the remainder shall Continue in full force.

Newdale City Zoning Code

CHAPTER I

PURPOSE, AUTHORITY, AND GENERAL PROVISIONS

What This Chapter Does. This chapter establishes the purpose of this ordinance, identifies the enabling statute pursuant to which it is adopted, repeals conflicting ordinances, establishes certain vested rights during the transition from previous ordinances, provides rules for the continuation of nonconforming uses, and establishes rules for its interpretation.
Purpose. The purpose of this ordinance shall be to promote the health, safety, growth, and general welfare of the people of Newdale by fulfilling the purposes and requirements of the Local Planning Act of 1975 and implementing the comprehensive plan.
Authority. This ordinance is adopted pursuant to the authority granted by the Local Planning Act of 1975. It includes the zoning ordinance required by I.C. 67-6511 and the subdivision ordinance required by I.C. 67-6513. It also fulfills the other requirements of the Local Planning Act, including the provision for variances required by I.C. 67-6516, the adoption of procedures for processing permits required by I.C. 6519, and the adoption of a hearing procedure required by I.C. 67-6534.
Conflicting Ordinances Repealed. All prior ordinances are repealed to the full extent of their inconsistency with this ordinance.
Vested Rights. A vested right is the right to proceed with development under previous regulations, or the right to proceed under this ordinance, pursuant to a development agreement.
1. Vested rights to proceed with development initiated prior to the adoption of the Newdale Development Code on January 1, 1998 are considered expired as of January 1, 2004.
2. Vested rights to proceed with development under the provisions of this ordinance shall be established only by: a. recording a final plat in full compliance with its provisions; b. executing a development agreement in full compliance with its provisions, or c. obtaining a Class I or Class II permit in full compliance with its provisions. Such vested rights expire with the permit. See Chapter III. Sec. M. on the duration of permit approvals.
Nonconforming Lots. A nonconforming lot is a separate parcel of land that is too small to serve as a site for residential building in compliance with this ordinance. The following list of lots was made nonconforming by this ordinance on January 1, 1998 and may be developed only as provided here.
1. List of lots: Block 2, lots 10 & 11(east 120 ft); Block 8, lot 14; Block 22, lot 5; Block 24 lot 8; Block 41, lot 5.
2. Consolidation of adjacent nonconforming lots to create conforming lots shall be required wherever such lots are in the same ownership. Nonconforming lots that are not subject to consolidation shall be divided only in order to enlarge adjoining, conforming lots. Where such divisions are made in a platted subdivision, an amended plat shall be filed. Otherwise, such divisions shall be exempt from the platting requirements of this resolution.
3. Where the only requirement of this resolution preventing construction of a single family dwelling on a nonconforming lot that is not subject to consolidation, as required by Sec. I. and Sec. F.1., is the minimum lot size, the administrator shall issue a Class I permit for a single family dwelling. Where other requirements of this resolution make construction of a single family dwelling on such a lot infeasible, the commission shall accept small lot size as the basis for the minimum, variances needed to permit construction of a single family dwelling. Conditions designed to mitigate potentially adverse consequences of development on a small lot may be attached to such variances.
Nonconforming Uses and Buildings. A nonconforming use or building was in existence on January 1, 1998, but would not comply with one or more of its requirements if submitted for approval after that date. Nonconforming uses and buildings may continue subject to the rules established here. While the purpose of these rules is to help eliminate nonconforming uses, it is recognized that routine maintenance and repair and, in some cases, a change of occupancy to another nonconforming use or replacement of a nonconforming building may be necessary to prevent community blight.
1. Any nonconforming use abandoned for more than 18 months shall be terminated. Abandonment shall not be measured by the owner's intent, but solely by the fact that use ceases for a period of 18 or more months.
2. There shall be no limit on repair or maintenance activities for nonconforming uses or buildings, provided that no such activity shall increase the degree of nonconformity.
3. Changes in occupancy may be permitted in nonconforming commercial or industrial buildings, provided that the new occupancy is no more intense (with intensity being measured by traffic and noise generation, parking requirements, and similar factors) than the existing. Requests for such changes in nonconforming occupancies shall be processed as applications for Class II permits.
4. Nonconforming buildings may be replaced, but only where the effect of the replacement is to increase compliance, to the extent feasible, with the specification and performance standards of this ordinance. Requests for replacement of nonconforming buildings shall be processed as applications for Class II permits, except that any nonconforming building destroyed by fire or other catastrophe may be replaced without a permit (a permit may be required by the IBC), if the degree of nonconformity is not in any way increased and if the replacement is completed within 12 months of the building's destruction.
Most Restrictive Standards Apply. When future ordinances, or state or federal law, impose additional standards on activities governed by this ordinance, the most restrictive standard shall apply.
Conflict with Private Agreements. This ordinance does not nullify easements, covenants, deed restrictions, and similar private agreements, but where any such private agreement imposes standards that are less restrictive than those adopted here, this ordinance shall apply.
Burden of Proof. The burden of proof shall, in all proceedings pursuant to this ordinance, rest with the developer.
Interpretation. All ordinance provisions shall be interpreted as the minimum requirements necessary to protect the public health, safety, growth, and general welfare and to implement the Local Planning Act and comprehensive plan. This ordinance is designed for consistency with the comprehensive plan and should be liberally construed to achieve that plan's purposes and intent.
Severability. If any provision of this ordinance is held to be invalid by any court, the remainder shall Continue in full force.