The provisions of this title shall be referred to as the Notus Zoning Ordinance.

(2007 Code)

The zoning regulations as herein prescribed have been made in accordance with the comprehensive plan ^[1] for the purpose of promoting the health, safety, morals and general welfare of the City. They have been made with reasonable consideration, among other things, for the character of the City and its peculiar suitability for particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of the land throughout the City.

(2007 Code)

To the extent permissible under other laws, this title shall apply to all property situated within the boundaries of the City.

(2007 Code)

In order to carry out the purposes and provisions of this title, the City is divided into several districts, known and designated as follows:

Residential districts:

Single-family residential district (R-1).

Combined residential district (R-2).

Multiple-family residential district (R-3).

Commercial district (C).

Industrial district (I).

(2007 Code)

Any person found guilty of violating this title, or any amendment thereto or conditional use permit herein provided, shall be guilty of an infraction, and upon the first conviction, shall be subject to the payment of a fine of not less than $100.00, upon the conviction of a second offense occurring within a one year period, shall be fined a sum of $250.00, and upon the third and subsequent offense committed within a one-year period, shall be guilty of a misdemeanor and fined an amount not less than $300.00 nor more than $1,000.00 and may be imprisoned not exceeding 180 days, or by both fine and imprisonment for each offense; and provided further, that the continuation of any such violation shall constitute a separate offense for each calendar day it is permitted to continue. None of the fines shall be suspended by the court.

(2007 Code)

A.

Initiation of proceedings:

1.

Type of change: Any person may apply for the following:

a.

An amendment to the city comprehensive plan text and/or map;

b.

An amendment to this chapter; or

c.

Amendment to official zoning maps (rezone or conditional rezone).

2.

Applications: All applications for the above changes or amendments shall be filed with City Clerk. An application must be accompanied by a fee as established by the adopted fee schedule. Applications shall contain all required information.

3.

Comprehensive plan changes: Requests for comprehensive plan changes and ordinance amendments may be consolidated for notice and hearing purposes. Although these procedures can be considered in tandem, pursuant to IC § 67-6511(b), the City Council, shall deliberate first on the proposed amendment to the comprehensive plan; then, once the City Council has made that determination, the City Council should decide the appropriateness of a rezone within that area. This procedure provides that the City Council considers the overall development scheme of the City prior to consideration of individual requests for amendments to zoning ordinances. The City Council should make clear which of its findings relate to the proposed amendment to the comprehensive plan and which of its findings relate to the request for an amendment to the zoning ordinance.

4.

Zoning ordinance changes:

a.

If an amendment to the ordinance text is approved, then the approved changes shall be effective in accordance with time requirements of IC §§ 50-901 and 50-901A. The City Council shall, when considering an application for an amendment to the zoning ordinance, consider the comprehensive plan and other evidence gathered through the public hearing process.

b.

If an amendment to a zone or zone boundary is approved, then the approved amendment shall be effective immediately upon written approval and shall be established and clearly indicated, as soon as practicable, on the zoning map or maps adopted as part of this chapter. The City Council shall, when considering an application for an amendment to the zoning ordinance, consider the comprehensive plan and other criteria established in this chapter as well as evidence gathered through the public hearing process. In any decision regarding initial zoning and annexation or a change in zoning, the City Council may include conditions of approval and/or require a development agreement.

B.

Comprehensive plan amendment criteria:

1.

The City Council shall review the particular facts and circumstances of each proposed comprehensive plan amendment and make a recommendation regarding the same. The City Council shall determine whether the proposed amendment meets the requirements of the local land use planning act, IC title 67, chapter 65, and is consistent with the comprehensive plan's purposes, goals and policies:

a.

Is the requested type of growth generally in conformance with the comprehensive plan;

b.

Is the proposed comprehensive plan amendment compatible with surrounding land uses; and

c.

Will the proposed comprehensive plan amendment impact public services and facilities. What measures will be implemented to mitigate impacts?

C.

Zoning amendment criteria:

1.

The City Council shall review the particular facts and circumstances of each proposed zoning amendment and make its review in terms of the following standards and shall find adequate evidence regarding the following criteria when evaluating the proposed zoning action:

a.

Is the proposed zone change generally consistent with the comprehensive plan;

b.

Is the proposed zoning map amendment compatible with surrounding land uses;

c.

Will the proposed zoning map amendment negatively affect the character of the area? What measures will be implemented to mitigate impacts?

d.

Will adequate facilities and services including sewer, water, drainage, irrigation and utilities be provided to accommodate the proposed zoning map amendment;

e.

Does the proposed zoning map amendment cause undue interference with existing or future traffic patterns created by the proposed development? What measures will be taken to mitigate road improvements or traffic impacts?; and

f.

Will the proposed zoning map amendment create undue negative impacts on essential public services and facilities, such as schools, police, fire and emergency medical services? What measures will be implemented to mitigate impacts?

(Ord. No. 474, § I, 5-2-2022)