This chapter shall be formally known as the "Portage Zoning Ordinance," and it may be cited and referred to as the "zoning ordinance," or as the "zoning code."

(Ord. No. 05-41, § 1, 8-2-05)

Words used in a special sense in this chapter are defined in article XI.

(Ord. No. 05-41, § 1, 8-2-05)

This chapter is adopted by the city pursuant to its authority under the laws of the state, IC 36-7-4 et seq. Whenever codes cited in this chapter refer to Indiana Code which has been amended or superseded, this chapter shall be deemed amended in reference to the new or revised code.

(Ord. No. 05-41, § 1, 8-2-05)

This chapter is intended to guide the growth and development of the city in accordance with the goals, objectives, and strategies stated within the Portage Comprehensive Plan and for the following purposes:

(a)

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

(b)

To promote the public health, safety, comfort, convenience, morals and general welfare.

(c)

To plan for the future development of the city to the end:

a.

That the community grows only with adequate public ways, utility, health, educational and recreational facilities;

b.

That the needs of industry and business are recognized in future growth;

c.

That residential areas provide healthful surroundings for family life;

d.

That the growth of the community is commensurate with and promotes the efficient and economical use of public funds; and

e.

That the community strive for high aesthetic value and quality planning and design.

(d)

Divide the city into zoning districts and establish, by reference to the map, the boundaries of said districts.

(Ord. No. 05-41, § 1, 8-2-05)

No structure shall be located, erected, constructed, reconstructed, moved, altered, converted, enlarged or used, nor shall any piece of land be used, nor shall any existing use be expanded except when in full compliance with all provisions of this chapter and the permits and certificates required by this chapter have lawfully been issued.

(Ord. No. 05-41, § 1, 8-2-05)

If any provision or the application of any provision of this chapter is held unconstitutional or invalid by the courts, the remainder of the zoning ordinance or the application of such provision to other circumstances shall not be affected.

(Ord. No. 05-41, § 1, 8-2-05)

(a)

Conflicts or inconsistency. If two or more provisions within the zoning ordinance are in conflict or are inconsistent with one another, then the provision which is most restrictive shall apply.

(b)

Text. If there are found to be differences between the meaning or implication of the text of the zoning ordinance and any drawing, table, figure or title or section heading, the text of the zoning ordinance shall apply.

(c)

Time frames. Any time frames stated within the zoning ordinance shall be calculated to include weekdays, weekends, and holidays. If a time frame ends on a Saturday, Sunday or holiday that the city offices are closed, the time frame will be extended to the end of the next business day.

(d)

Delegation of authority. If a provision in the zoning ordinance requires the department head or other city officer to perform an act or duty, that provision shall also include designated subordinates unless specified otherwise.

(e)

Words used. If words used in the zoning ordinance are not defined they shall be construed to be the common usage of the language. Any legal or technical words not defined in the zoning ordinance shall be construed to be as defined by appropriate lexicon or current and common dictionary.

(f)

Tense. If words are used in a specific tense (past, future, or present) it shall be construed to include all tenses, unless in context it clearly indicates a single tense.

(g)

Singular/plural form. If words are used in singular form the plural form shall apply and vice versa, unless in context it clearly indicates the contrary.

(h)

Gender. If a feminine term is used, the masculine shall also apply and vice versa.

(i)

Conjunctions. "And" shall be construed to include all connected items in a series, conditions, and provisions, and "or" shall be construed to include one or more of the items in a series, conditions, and provisions, unless in context it clearly suggests the contrary.

(Ord. No. 05-41, § 1, 8-2-05)

This chapter applies to all land within the corporate limit of the City of Portage, Indiana.

(Ord. No. 05-41, § 1, 8-2-05)

When this chapter, along with private covenants, private contracts, commitments, permits, agreements, state laws, federal laws or other regulations, regulates a structure or parcel of land, the greater restriction shall control.

(Ord. No. 05-41, § 1, 8-2-05)

This chapter shall not be construed as eliminating or reducing any action now pending under, or by virtue of, an existing law or previous zoning ordinance. Also, this chapter shall not be construed as discontinuing, reducing, modifying, or altering any penalty accruing or about to accrue.

(Ord. No. 05-41, § 1., 8-2-05)

The city zoning ordinance of July 6, 1999, Ordinance No. 99-37, and its associated zoning map are hereby repealed. This Portage Zoning Ordinance and the referenced and updated official zoning map replace the repealed ordinances.

(Ord. No. 05-41, § 1, 8-2-05)

(a)

Any application for an improvement location permit that has been filed with the planning department and is full and complete, prior to the effective date of this chapter shall be regulated by the terms and conditions of the zoning ordinance that was in place at the time of filing. All administrative procedures and fees shall follow those effective at the time of application.

(b)

Any application for a zone map amendment that was filed with the plan commission or its designees, and is full and complete prior to the effective date of this chapter, shall continue through the process to completion pursuant to the terms and conditions of the zoning ordinance that was in place at the time of filing. However, if the proposed use would no longer be permitted in the proposed zoning district or the proposed zoning district no longer exists in the new ordinance, the director of community development shall amend the application such that the request for rezoning would accomplish the same end goal for the applicant.

(c)

Any application for a primary plat or miscellaneous item that was filed with the plan commission or its designees, and is full and complete prior to the effective date of this chapter, shall continue through the process to completion pursuant to the terms and conditions of the zoning ordinance that was in place at the time of filing.

(d)

Any application before the board of zoning appeals (i.e. special exception, use variance, development standards variance) that has been filed with the BZA or its designees and is full and complete, prior to the effective date of this chapter, shall continue the process pursuant to the terms and conditions of the zoning ordinance that was in place at the time of filing, provided that:

a.

The application is still required by the terms of this chapter; or,

b.

If the proposed use or development requires additional approvals from the board of zoning appeals pursuant to the terms of this chapter that were not required under the previous ordinances, the application will be amended to include only those additional approvals that are now required and within the jurisdiction of the board of zoning appeals.

(e)

All new building sites shall meet the requirements of this chapter unless a building permit was issued and is still valid.

(Ord. No. 05-41, § 1, 8-2-05)

The director of community development will have the primary responsibility for administration and enforcement (or coordination of enforcement) of this zoning ordinance within the plan commission's planning jurisdiction.

(Ord. No. 05-41, § 1, 8-2-05)

(a)

The plan commission shall recommend to the common council the appropriate zoning district for areas annexed by the city. If such a recommendation is not submitted at the time of annexation, the area shall be classified as the R1 district.

(b)

Whenever any street, alley, public way, railroad right-of-way, waterway, or other similar area is vacated by proper authority, the zoning districts adjoining each side of vacated areas shall be extended automatically to the center of the vacated area. All areas included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended zoning districts. In the event of a partial vacation, the adjoining zoning district, or zoning district nearest the portion vacated, shall be extended automatically to include all of the vacated area. Any disputes as to the exact zoning district boundaries shall be determined by the director of community development.

(Ord. No. 05-41, § 1, 8-2-05)

The powers and duties of the common council as they relate to planning and zoning are described below. Duties should be interpreted as activities that are obligations. Powers should be interpreted as activities that are optional.

(a)

Common council duties.

1.

Adopt, reject or amend the comprehensive plan, strategic plans, zoning ordinance, or subdivision control ordinance that have been certified and submitted by the plan commission.

2.

Adopt, reject or amend proposals to amend or partially repeal the text of the comprehensive plan, strategic plans, zoning ordinance, or subdivision control ordinance that has been certified and submitted by the plan commission.

3.

Adopt, reject or amend proposals to amend the official zoning map certified and submitted by the plan commission.

4.

Adopt, reject or amend planned developments certified and submitted by the plan commission.

5.

Adopt, reject or amend a fee schedule for each permit required in this zoning ordinance.

6.

Enforce regulations and procedures of the comprehensive plan, zoning ordinance, and subdivision control ordinance to the extent allowed by local resolutions, ordinances, and state law.

7.

Other duties as permitted by Indiana State Code.

(b)

Common council powers.

1.

Initiate amendments to the text of the comprehensive plan, strategic plans, zoning ordinance, or subdivision control ordinance by making said proposal to the plan commission.

2.

Initiate amendments to the official zoning map by making said proposal to the plan commission.

3.

Other powers as permitted by Indiana State Code.

(Ord. No. 05-41, § 1, 8-2-05)

The powers and duties of the plan commission are described below. Duties should be interpreted as activities that are obligations. Powers should be interpreted as activities that are optional.

(a)

Plan commission duties.

1.

Adopt and maintain a common council-approved comprehensive plan, zoning ordinance and subdivision control ordinance as authorized under Indiana state law.

2.

Adopt and maintain rules and procedures for holding meetings, holding public hearings, and administrating and enforcing the comprehensive plan, zoning ordinance, and subdivision control ordinance.

3.

Maintain complete records of all meetings, hearings, correspondence, and affairs of the plan commission.

4.

Publish and make available to the public all plans, ordinances, and other related material that are the responsibility of the plan commission.

5.

Adopt and maintain a permitting process and seal used to certify official or approved documents.

6.

Certify and submit recommendations to the common council including new versions of and revisions to the comprehensive plan, zoning ordinance, subdivision control ordinance, and official zoning map.

7.

Certify and submit recommendations to the common council for adopting a planned development district.

8.

Approve, approve with voluntary commitments, or deny plats or replats of subdivisions.

9.

Assign street numbers to new lots and structures, renumber lots and structures, assign street names, and approve or deny proposed street names in new developments.

10.

Establish and maintain a common council approved fee schedule that assigns a fee to permits, processes, and official actions of the plan commission in order to defray the administrative costs of such duties and powers.

11.

Enforce regulations and procedures of the comprehensive plan, zoning ordinance, and subdivision control ordinance to the extent allowed by local resolutions, ordinances, and state law.

12.

Other duties as permitted by Indiana State Code.

(b)

Plan commission powers.

1.

Establish advisory committees as necessary made up of city officials and the general public.

2.

Establish an executive committee.

3.

Distribute copies or summaries of the comprehensive plan, zoning ordinance, or subdivision control ordinance to the general public and development community.

4.

Other powers as permitted by Indiana State Code.

(Ord. No. 05-41, § 1, 8-2-05)

The duties of the board of zoning appeals are described below. Duties should be interpreted as activities that are obligations.

(a)

Board of zoning appeals duties.

1.

Review and hear appeals of decisions made under this chapter by the director of community development or by any other administrator, However, the BZA does not hear appeals of rulings made by the plan commission.

2.

Review, hear and approve or deny all petitions for special exceptions based on the provisions of this chapter and Indiana State Code.

3.

Review, hear, and approve or deny all petitions for variances from development standards (such as height, bulk, or area of this chapter.

4.

Review, hear, and approve or deny all petitions for variances of use regulations in this chapter.

5.

Other duties as permitted by Indiana State Code.

(Ord. No. 05-41, § 1, 8-2-05)

The powers of the development review committee are described below. Powers should be interpreted as activities that are optional.

(a)

Review and approve site plans.

(b)

Review and make recommendations to the plan commission regarding primary and secondary plats.

(c)

Other duties as assigned by the plan commission, including, but not limited to, reviewing requests for annexation, change of zoning, and planned developments.

(Ord. No. 05-41, § 1, 8-2-05)

This zoning ordinance was certified for adoption with an amendment recommended by the common council of Portage, Indiana, on September 12, 2005, by the Portage Planning Commission after holding a legally announced public hearing. This zoning ordinance was certified by an eight to zero vote on June 6th, 2005, and by a six to zero vote on September 12, 2005, with an amendment made by the common council of the City of Portage, Indiana. This certification is validated by the following planning commission members.

_____
 William J. Walton, President

_____
 Joel A. Vuko, Vice President

_____
 David C. Hamann

_____
 Linda L. Hardin

_____
 Craig L. Hendrix, P.E.

_____
 Robert L. Hogue

_____
 Dennis A. Replin

_____
 Richard M. Turnak

(Ord. No. 05-41, § 1.19, 8-2-05)

This chapter became effective upon the certification of the zoning ordinance by the Portage Planning Commission on the September 12, 2005, meeting by a six to zero vote with an amendment made by the common council of Portage, Indiana.

This zoning ordinance was approved with an amendment by the common council of Portage, Indiana, on the 2nd day of August, 2005.

_____
 Edward Gottschling, President

_____
 Elizabeth Modesto

_____
 David Fagan

_____
 David Highlands

_____
 Richard Turnak

_____
 Olga Velazquez

_____
 Mark Oprisko

_____
 Douglas W. Olson, Mayor

_____
 Donna M. Pappas, Clerk-Treasurer

(Ord. No. 05-41, § 1, 8-2-05)