Valparaiso City Zoning Code

1. Title. This Code shall be known as the City of Valparaiso, Indiana Unified Development Ordinance.
2. Short Title. The short title "UDO" refers to this Unified Development Ordinance.

Effective on: 1/1/1901

1. General Purposes. The general purposes of this UDO are to promote the public health, safety, comfort, morals, convenience, and general welfare by:
   1. Protecting the quality of life of City residents;
   2. Ensuring that highway systems are carefully planned to:
      1. Lessen or avoid congestion in public ways;
      2. Enhance opportunities for multimodal and non-vehicular travel; and
      3. Reduce vehicle miles traveled;
   3. Ensuring that the community grows with adequate public way, utility, health, educational, and recreational facilities by:
      1. Promoting the orderly growth, development, improvement, and redevelopment of the community; and
      2. Protecting natural resources and the environment, including potable water supplies and sensitive ecosystems;
   4. Ensuring that the needs of business and industry are recognized by:
      1. Providing for sufficient commercial and industrial property to allow for economic development within the City;
      2. Providing for a fair, orderly, and efficient development review process; and
      3. Protecting the value of property and buildings;
   5. Ensuring that residential areas provide healthful surroundings for family life;
   6. Protecting the fiscal and functional integrity of the City by:
      1. Ensuring that the growth of the City is commensurate with and promotive of the efficient and economical use of public funds; and
      2. Encouraging development in areas where transportation, water, sewers, schools, parks, and other public requirements exist; and limit development where such facilities do not exist;
   7. Preserving, enhancing, and protecting the unique and special character of the City of Valparaiso, particularly the City's historic downtown and surrounding residential neighborhoods, by:
      1. Implementing the City's adopted plans for development and redevelopment;
      2. Securing adequate light, air, convenience of access, and safety from fire, flood, and other danger;
      3. Fostering a balanced community;
      4. Promoting the preservation, enhancement, development, and redevelopment of a variety of housing types at a variety of price points, in order to provide decent, affordable housing opportunities for all City residents;
      5. Preventing the overcrowding of land and undue concentration of population;
      6. Promoting compact urban form;
      7. Minimizing conflicts among adjacent land uses;
      8. Preserving and protecting places and areas of historical, cultural, scenic, or architectural importance and significance;
2. Specific Purposes. Specific purposes of this UDO are set out for individual articles and for some divisions.

Effective on: 1/1/1901

The Authority for this UDO is established by:

1. Statutory Authority. All relevant grants of authority in the Indiana Code, including but not limited to:
   1. Title 36, Article 3, Municipal Annexation and Disannexation 
   2. Title 36, Article 7, Planning and Development
   3. Title 36, Article 8, Chapter 2, General Powers Concerning Public Safety
   4. Title 36, Article 9, Transportation and Public Works
2. City Ordinance. Section 31.01, Authority; Duties, City of Valparaiso, Indiana, Code of Ordinances.

Effective on: 1/1/1901

1. Within City Limits. All development within the corporate limits of the City of Valparaiso, as may be expanded, contracted, or modified from time to time, and all land use applications made to the City for property within the City, shall comply with the provisions of this UDO.
2. Outside City Limits. Reserved.

Effective on: 1/1/1901

No land shall be developed except in accordance with the applicable provisions of this UDO. All the following are considered "development" that is subject to the applicable requirements of this UDO.

1. Use. The use of any building, structure, land, or water. This includes new uses, expansions, and material changes to the operational characteristics of existing uses.
2. Land Clearing. Land clearing in anticipation of development for non-agricultural purposes shall be authorized by the issuance of a site improvement permit, and shall only be in accordance with approved plans. Where site improvement permits are not required, land shall not be cleared for installation of infrastructure until all required development approvals (e.g., subdivision plat or development plat) are granted.
3. Other Disturbance or Alteration. Any other disturbance of land, soil, vegetation, or waterways, including alteration of land for development or other purposes, shall conform to the applicable standards contained in this UDO.
4. Division or Subdivision. Any division of land for land development, for sale, or for lease, whether by metes and bounds, subdivision, or other technique shall comply with all applicable requirements of this UDO.

Effective on: 1/1/1901

1. Exceptions.
   1. The Board of Zoning Appeals is authorized to make exceptions to the height or area requirements in any district in which a utility use is permitted, in order to allow for the development of buildings and structures that are reasonably necessary to provide public utilities. The exceptions shall be based upon a written finding that such exceptions are reasonably necessary for the public convenience.
   2. The Board of Zoning Appeals is authorized to allow buildings and structures that are reasonably necessary to provide public utilities in any use district in which they are not otherwise permitted. The exception shall be based upon a written finding that such use in such location is reasonably necessary for the public convenience.
2. Exemptions. The following are exempt from the provisions of this UDO:
   1. Essential services which are authorized and regulated by law and other Ordinances of the City.

Effective on: 1/1/1901

1. No Duty to Search. The City has no duty to search for the existence of private restrictions on property. In the review of applications pursuant to this Code, the City will enforce only its own regulations.
2. No Duty to Interpret. The City will not interpret or apply private restrictions.
3. No Duty to Enforce. To the extent that the City is made aware of private restrictions:
   1. If the private restrictions are more restrictive than this UDO, or if they involve subject matter that is not addressed by this UDC or other provisions of the City's Code of Ordinances, then the City will only enforce the provisions of this UDO or the City's Code of Ordinances. Enforcement of more restrictive provisions is at the discretion of the parties to the private restrictions (or any other party who has standing to bring suit under Indiana law).
   2. If the private restrictions are less restrictive than this UDO or other provisions of the City's Code of Ordinances, then the City will enforce this UDO or the City's Code of Ordinances.
   3. The City will not generally seek to enforce private restrictions. The City may become involved in the enforcement of existing private restrictions only if:
      1. The City determines that such enforcement is in the interest of the City as a whole; and
      2. The City has legal standing to enforce the existing private restriction.

Effective on: 1/1/1901

1. General. The following zoning districts are established:
   1. Residential
      1. ER - Estate Residential
      2. SR - Suburban Residential
      3. GR - General Residential
      4. UR - Urban Residential
      5. NC - Neighborhood Conservation
   2. Nonresidential and Mixed-Use
      1. PS - Public Space
      2. RU - Rural
      3. CN - Commercial, Neighborhood
      4. CG - Commercial, General
      5. CBD - Central Business District
      6. CP - Central Place 
      7. RT - Residential Transition
      8. CA - Campus
      9. BP - Business Park
      10. INL - Light Industrial
      11. INH - Heavy Industrial
2. Comparison to Former Zoning Districts. Table 1.301, General Zoning District Comparison, shows the approximate relationship between the districts established by this Section and the districts from the former Zoning Ordinance which they replace. The table is provided for rough comparative purposes only.

Effective on: 1/1/1901

1. General. The boundaries of the zoning districts that are established by Section 1.301, Zoning Districts, are shown upon the map entitled "Official Zoning Map of the City of Valparaiso," which is attached hereto and made part of this UDO. The phrase "Official Zoning Map" refers to the Official Zoning Map of the City of Valparaiso. At least two copies of the official zone map are on file and available for inspection and copying during regular business hours at:
   1. The office of the Plan Commission in the office of the Planning department.
   2. The office of the City-Clerk Treasurer.
2. References and Notations. All notations, references, and other information shown on the Official Zoning Map are a part of this UDO and have the same force and effect as if said Official Zoning Map and all such notations, references, and other information shown thereon were fully set forth or described in this UDO.
3. Status of Official Zoning Map. The Official Zoning Map that is on file in the City Hall shall control in the event of a conflict between the map that is on file and any other reproduction of said map.

Effective on: 1/1/1901

The following rules shall be used to determine the precise location of any zoning district boundary line shown on the Official Zoning Map:

1. Property Lines. Boundary lines shown as following, or approximately following, lot lines, other property lines, or municipal boundaries shall be construed as following such lines.
2. Rights-of-Way. Boundary lines shown as following, or approximately following, streets, alleys, railroad tracks, or utility lines shall be construed as following the centerline of the right-of-way. Where streets or alleys on the ground differ from streets or alleys shown on the Official Zoning Map, the streets or alleys on the ground control.
3. Watercourses. Boundaries shown as following, or approximately following, the centerline of streams or other watercourses shall be construed as following the channel centerline. In the event of a natural change in the location of such streams or other watercourses, the zoning district boundary shall be construed as moving with the channel centerline.
4. Parallel to Features. Boundaries shown as separated from and parallel, or approximately parallel, to any of the features listed in Subsections A. through C., above, shall be construed to be parallel to such features and at such distances as are shown on the Official Zoning Map.
5. Un-subdivided Land or No Identifiable Feature. On un-subdivided land or when a district boundary follows no identifiable feature, the location of district boundaries shall be determined by applying the following rules in order until the boundaries are known: 
   1. First, by reference to the legal description in the ordinance establishing the district boundaries.
   2. Second, by referring to dimensions shown on the Official Zoning Map (if any).
   3. Third, by using the map scale appearing on the Official Zoning Map,

Effective on: 1/1/1901

1. Generally. Where a parcel proposed for development is located in more than one zoning district, the development may be designed and approved in either of the following ways:
   1. As multiple developments, with the land area within each district treated (for the purposes of this UDO) as a separate parcel. See Figure 1.304.A., Multiple Developments. These developments are individually subject to all provisions of this UDO, including the bufferyard requirements of Division 10.400, Bufferyard Requirements. However, they are not subject to the provisions of this Section.

Figure 1.304.A. Multiple Developments

1. 2. As a single, unified project that spans multiple districts and reallocates their densities among the various districts. These developments are approved as a Special Use, subject to the requirements of this Section in addition to the other applicable requirements of this UDO. See Figure 1.304.B., Single, Unified Project.

Figure 1.304.B. Single, Unified Project

2. Area of Parcel Proposed for Development. The area of all tracts within the parcel proposed for development may be combined by the applicant to determine the minimum site area required by Section 3.301, Standards Applicable to Parcels Proposed for Development.
3. Residential Density and Density Reallocation.
   1. The permitted number of residential units in a single, unified development is calculated by adding up the number of residential units that are allowed within each district within the development.
   2. The permitted nonresidential intensity in a single, unified development is calculated by adding up the floor area that is allowed within each district within the development.
   3. Once the total number of permitted residential units is calculated, the residential units may be reallocated (moved) from one district to another within the single, unified development, provided that:
      1. Generally, residential units and nonresidential floor area are allocated from districts with lower permitted densities and intensities to districts with higher permitted densities and intensities, except as provided in b., below.
      2. Residential units and nonresidential floor area may be allocated from districts with higher permitted densities and intensities to districts with lower permitted densities and intensities if it is demonstrated that:
         1. The design provides material benefits in one or more of the following areas:
            1. Community aesthetics and character;
            2. Environmental and natural resource protection;
            3. Transportation system safety and efficiency (including the provision of multimodal transportation opportunities);
            4. Energy conservation; or
            5. Water conservation; and
         2. There are obvious advantages of the proposed design when compared to feasible and comparable alternatives that would allocate units from districts with lower permitted densities to districts with higher permitted densities; and
         3. The lower density district is not Rural (RU).
4. Uses and Use Reallocation. Uses that are allowed in a non-residential or mixed-use district may not be established in a residential district, even if the parcels are being developed as a single, unified project.
5. Open Space. The amount of open space that is required for a single, unified development is calculated by adding up the open space that is required within each zoning district within the development.
6. Bufferyards.
   1. A bufferyard shall be installed and maintained between zoning districts within a single, unified development (according to the requirements contained in Division 10.400, Bufferyard Requirements), when:
      1. Single, unified development takes place in two separate phases; or
      2. A single, unified development is designed such that the use, density, or intensity materially and abruptly changes from one side of a zoning district boundary to the other.
   2. A bufferyard is not required between zoning districts within a single, unified development when the intensity, use and character of the development does not materially and abruptly change from one side of the boundary to the other.

Effective on: 1/1/1901

1. Annexed Land. The RU Rural zoning district shall apply to all land that is annexed into the City, unless and until the City adopts an ordinance changing the zoning of the property.
2. Undesignated Land. The RU Rural Space zoning district shall apply to all land that is not shown by the Official Zoning Map to be included in another district.

Effective on: 1/1/1901

1. General. This district is a very low-density residential district. It is intended to permit single-family residential uses on large lots.
2. Character. This district is semi-rural in nature, which is characterized by a balance between the landscape and buildings that favors the landscape. On-site landscaping and tree-lined streets shelter the buildings. Open space and low proportions of impervious surfacescharacterize the built environment. Development clustering will ensure an adequate amount of open space will be available upon build-out to enhance neighborhood character and the lifestyle of residents.
3. Uses. This district is intended to allow residential neighborhoods. Recreational uses that serve the neighborhoods are permitted, but are restricted in scale to preserve the safety and integrity of the neighborhood streets.
4. Infrastructure. Water and sewer service are provided by public utilities.

Effective on: 1/1/1901

1. General. This district is the primary low-density residential district. It is intended to permit a wide range of residential uses on larger lots and to encourage a variety of housing types.
2. Character. This district is suburban in nature, which is characterized by a balance between the landscape and buildings, with on-site landscaping and tree-lined streets that shelter the buildings. Open space and low proportions of impervious surfacescharacterize the built environment. Development clustering will ensure an adequate amount of open space will be available upon build-out to enhance neighborhood character and the lifestyle of residents.
3. Uses. This district is intended to allow residential neighborhoods, while permitting a range of housing types to meet all residential needs. Institutional and recreational uses that serve the neighborhoods are permitted, but are restricted in scale to preserve the safety and integrity of the neighborhood streets.
4. Infrastructure. Water and sewer service are provided by public utilities.

Effective on: 1/1/1901

1. General. This district is the primary residential district. It is intended to permit a wide range of residential uses and encourage a variety of housing types.
2. Character. This district is auto-urban in nature. Parking is typically in front-loaded garages, which, due to the average width of the lots, tend to occupy more than 50 percent of the width of the building facade. Driveways are a significant element of front lawns. Tree-lined streets that create a modest degree of enclosure enhance the character of the general residential district by softening the visual impact of the paved areas and parked cars. Open space is provided for some recreation and stormwater management functions. Density incentives promote clustering to provide greater open space.
3. Uses. This district is intended to create residential neighborhoods, while permitting a range of housing types to meet all residential needs. Institutional and recreational uses that serve the neighborhoods are permitted, but are restricted in scale to preserve the safety and integrity of neighborhood streets.
4. Infrastructure. Water and sewer service is provided by public utilities.

Effective on: 1/1/1901

1. General. This district is the highest intensity residential district. It is intended to permit a wide range of residential uses and encourage a variety of housing types.
2. Character. This district has an urban character, which is characterized by residential buildings that cover a large percentage of the lot and are spaced closely enough to create the perception of street enclosure.
3. Uses. This district is intended to create higher density residential neighborhoods to meet the community's housing needs, particularly for higher density and infill housing development. Institutional and recreational uses that serve this urban neighborhood environment are permitted and encouraged.
4. Infrastructure. Water and sewer service is provided by public utilities.

Effective on: 1/1/1901

1. General. This district is intended to preserve the character of the designated existing residential neighborhoods that were developed under prior zoning categories that are no longer used in this UDC, or of platted areas that may now be nonconforming. This District is intended to ensure that owners of property in designated established neighborhoods are not required to seek variances to improve existing homes that were either built before zoning regulations were adopted, or conformed to the regulations that were in effect when they were constructed. By retaining existing lot size and dimensional character of the areas as platted and built upon, nonconformities are avoided. Application of this district does not remove the unlawful status of uses, buildings, or improvements that were constructed without required permits or in violation of applicable regulations that were in effect at the time of construction.
2. Character. This district has a predominantly urban single-family character, although auto-urban and suburban areas are also included.
3. Uses. The district is intended to preserve existing residential character and discourage conversion of residential uses to other uses.
4. Infrastructure. Water and sewer service is provided by public utilities.

Effective on: 1/1/1901

1. General. This district is intended for public parks and public schools.
2. Character. This district has a predominantly open space character, although schools may be suburban, auto-urban, or urban in character.
3. Uses. The district is intended for public parks, public open spaces, and public schools.
4. Infrastructure. Public school water and sewer service is provided by public utilities. Parks and public open spaces may be developed with on-site systems if water and sewer service are not available.

Effective on: 1/1/1901

1. General. This district is intended to preserve open space and agricultural uses, and to act as a "holding zone" for properties that are annexed into the City without a zoning designation.
2. Character. This district is characterized by large expanses of open space and few buildings, or the existing character of areas annexed into the City.
3. Uses. Typical uses within the district are open space, agriculture, farmsteads, and preserved land in public or non-profit ownership or care.
4. Infrastructure. Water and sewer service is generally provided by public utilities. In cases where providing public services is not technically or financially feasible, development may be considered for on-site water and sewer systems. Greywater may be extended to irrigate agricultural uses.

Effective on: 1/1/1901

1. General. This district is intended to provide for small-scale commercial uses that provide services to nearby neighborhoods, and for the adaptive re-use of residential buildings for commercial and office uses along specific corridors or at specific intersections where changes in traffic patterns have made the buildings less desirable for residential use.
2. Character. The Commercial, Neighborhood District is intended to be compatible with the character of suburban single-family neighborhoods. Buildings have a residential character and scale, and sites are heavily landscaped to minimize the impacts of nonresidential uses and associated parking areas on adjacent residential zoning districts.
3. Uses. The district allows for a range of retail and office uses, with the impacts of the uses limited through buffering and the small scale of the buildings. It also allows for live-work units.
4. Infrastructure. Water and sewer service is provided by public utilities.

Effective on: 1/1/1901

1. General. This district is the primary commercial district. It accommodates highway service uses and community or regional commercial, office, and service uses.
2. Character. This district has an auto-urban character, generally characterized by a large amount of parking (which often exceeds the building coverage). Landscape buffers and landscaping within parking areas are required to soften the impact of large areas of pavement. Building form regulations apply that encourage and require creativity in building design. These regulations are intended to prevent visual degradation that results from "logo building" architecture, and from very large buildings with large blank walls, little or no building articulation, and little or no attention to architectural detail or design elements.
3. Uses. This district is intended to provide for a full range of community and regional scale commercial enterprises, including but not limited to retail, office, restaurant, entertainment, and service.
4. Infrastructure. Water and sewer service is provided by public utilities.

Effective on: 1/1/1901

1. General. This district is for the historic downtown area. It is intended to permit a range of ground floor retail and service uses, as well as residential-over-retail and office-over-retail uses. This district is not appropriate or warranted in any location other than the historic downtown area and potentially immediately adjacent blocks to the South and West, and should not be applied in other areas.
2. Character. This district has an urban character, which is characterized by multi-story connected buildings that define the street and create a sense of enclosure. Buildings are the dominant visual element. Landscaping is formal, with regular street trees, planters, and the lawn areas around the courthouse comprising the dominant "green" elements. Parking areas are generally located behind buildings, screened from view from Lincolnway. A minimum height of two stories and zero (or minimal) front and side setbacks are necessary to preserve the urban character. A maximum building height that emphasizes the significance of the courthouse is important to preserve the scale of the City's traditional downtown. Structured parking is highly desirable.
3. Uses. This district is intended to encourage mixed use infill development and adaptive re-use. Retail, restaurants, and service businesses are desired on the street level. Upper levels should provide office and residential uses. A mix of uses that provides for the optimal 24-hour use of parking lots is desirable.
4. Infrastructure. Water and sewer service is provided by public utilities.

Effective on: 1/1/1901

1. General. This district is for the area south of downtown around the railroad tracks. It is intended to provide a high-density, pedestrian-oriented, mixed-use neighborhood to provide for a high-density residential community near downtown and an attractive and transit-supportive context for bus and rail transit. Functionally, the Central Place District is intended to provide support for nearby downtown uses, to encourage inter- and intra-city multimodal transportation, and to potentially reduce vehicle miles traveled per household.
2. Character. This district has an urban character, which is characterized by multi-story connected buildings that define the street and create a sense of enclosure. Buildings are the dominant visual element. Landscaping is formal, with regular street trees, planters, and the lawn areas around the courthouse comprising the dominant "green" elements. Parking areas are generally located behind buildings, and screened from view from Lincolnway by the principal building, or by landscaping or other buildings if the parcel does not front on Lincolnway. A minimum height of two stories and zero (or minimal) front and side setbacks are desirable, and important to preserve the urban character. Structured parking is also highly desirable.
3. Uses. This district is intended to encourage vertically mixed use development and residential development of a variety of housing types in an urban form. Retail, restaurants, and service businesses are desired on the street level along highly visible corridors, especially in areas around potential transit stops. Upper levels of mixed-use buildings should provide office and residential uses. Less visible streets may be developed with residential uses that include village homes, townhomes and urban multi-family buildings.
4. Infrastructure. Water and sewer service is provided by public utilities.

Effective on: 1/1/1901

1. General. This district is intended to provide an environment around Valparaiso University that supports the University's need for housing and limited, small-scale commercial uses; and to other areas where residential neighborhoods are transitioning to nonresidential uses and a fine-grained mix of residential and low-scale nonresidential uses is desired.
2. Character. The character of this district is a fine-grained residential and small-scale commercial environment. Buildings are generally single-family in character, although they may be converted for use as duplexes, triplexes, and quadplexes, or in some cases, for non-residential use as small offices or restaurants.
3. Uses. This district is intended to provide a supporting, predominately residential, area adjacent to the University to encourage students, staff, and faculty to live near the University, and to provide limited commercial uses within walking distance of the University. It is also intended to encourage the reasonable economic use of residential areas in transition while maintaining a low scale residential character.
4. Infrastructure. Water and sewer service is provided by public utilities.

Effective on: 1/1/1901

1. General. This district is intended to provide for master-planned Campus environments for educational, medical, research and development, office, and institutional uses. Development within this district requires a "development plan" approval, pursuant to IC 36-7-4-1400, 1400 Series - Development Plans, et seq.
2. Character. The character of this district is a master-planned, walkable campus of functionally related buildings with park-like open spaces. Development standards address compatibility with neighboring properties along the edges of the campus, and significant flexibility is allowed for development within the campus.
3. Uses. This district is intended to provide an environment for a broad range of educational, medical, research and development, office, and institutional uses, including housing that is related to the mission of the campus (e.g., student dormitories).
4. Infrastructure. Water and sewer service is provided by public utilities. 
5. Expansion. The Campus district should generally not be expanded in increments of less than one acre, unless expansion of less property would help to create a more regular shape for the district.

Effective on: 1/1/1901

1. General. This district is intended to provide for business park environments that combine limited light industrial and professional office uses.
2. Character. The character of this district is intended to be an office park, with office buildings and limited light industrial uses in a landscaped suburban setting.
3. Uses. This district is intended to provide an environment for a broad range of office uses and low-impact light industrial uses (e.g., assembly).
4. Infrastructure. Water and sewer service is provided by public utilities.

Effective on: 1/1/1901

1. General. This district provides for a range of light industrial uses that have fewer off-site impacts than heavy industries, and therefore require fewer performance standards to ensure that public safety, community character, public infrastructure, and land use compatibility are protected.
2. Character. The character of this district is generally utilitarian buildings, buffered from views outside of the district by landscape buffers and buildings with attractive architecture. Open spaces are required for on-site or shared stormwater detention and treatment areas.
3. Uses. This district is intended to provide for light industrial uses, including but not limited to product assembly, wholesaling (but not membership wholesale clubs), transportation and storage, food preparation and packaging, utility substations and communications infrastructure, and electrical generation using non-combustible energy sources (e.g., solar). Limited outdoor storage is permitted.
4. Infrastructure. Water and sewer service is provided by public utilities.

Effective on: 1/1/1901

1. General. This district provides for a range of heavy industrial uses. The district provides performance standards that protect public safety, community character, public infrastructure, and land use compatibility. Areas to be designated as INH should be selected with care to ensure that the location, soils, and other physical features of the site are compatible with the intended uses, without posing unnecessary risks to the public health and safety.
2. Character. The character of this district is generally utilitarian buildings and structures, buffered from views outside of the district by extensive landscape buffers. Open spaces are required for on-site or shared stormwater detention and treatment areas.
3. Uses. This district is intended to provide for heavy industrial uses, including but not limited to heavy construction contractors (with heavy equipment storage); seafood or meat preparation and packaging; stone, clay, tile, and glass cutting; salvage yards, concrete mixing, and electrical generation using non-combustible energy sources (e.g., wind and solar).
4. Infrastructure. Water and sewer service is provided by public utilities.

Effective on: 1/1/1901