An ordinance for the development through zoning and/or subdivision of the area within the jurisdiction of the Advisory Plan Commission of the City of Whiting, Indiana. This ordinance may be cited as the "City of Whiting, Indiana Unified Development Ordinance".

a.

It is declared to be the policy of the City to consider the zoning of land and the subsequent development of land as subject to the control of the City pursuant to the official Comprehensive Plan of the City for the orderly, planned, efficient, and economical development of the City.

b.

It is declared to be the policy of the City to consider the subdivision of land and the subsequent development of the subdivided plat as subject to the control of the City pursuant to the official Comprehensive Plan of the City for the orderly, planned, efficient, and economical development of the City.

c.

Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace, and land shall not be subdivided until adequate public facilities and improvements exist and proper provision has been made for drainage, water, sewerage, and capital improvements such as schools, parks, recreational facilities, transportation facilities, and improvements.

d.

The existing and proposed public improvements shall conform to and be properly related to the proposals shown in the City Comprehensive Plan, the Zoning Map, this Unified Development Ordinance, Thoroughfare Plan, and the capital budget and program of the City, and it is intended that these regulations shall supplement and facilitate the enforcement of the provisions and standards contained in building and housing codes, the Land Use Plan, Zoning Map, this Unified Development Ordinance, and the capital budget and program of the City.

e.

Land that has been subdivided prior to the effective date of these regulations should, whenever possible, be brought within the scope of these regulations to further the purposes of regulation(s) identified in Section 2.3.

The purpose of these regulations is to protect and promote the public health, safety, and general welfare of the residents in the jurisdiction of the Advisory Plan Commission of the City of Whiting, hereafter referred to as the Plan Commission, and the City of Whiting Board of Zoning Appeals, hereafter referred to as the Board of Zoning Appeals, and to:

a.

Encourage the most appropriate use of land and to plan for a logical and orderly growth pattern in the City;

b.

Guide future growth and development in accordance with the comprehensive planning process;

c.

Make adequate provision for transportation, water, sewage, schools, parks, and other public and commercial facilities and services;

d.

Protect the character and the social and economic stability of all parts of the City and encourage the orderly and beneficial development of the community through appropriate growth management techniques assuring the timing and sequencing of development and promotion of infill development in existing neighborhoods and nonresidential areas with adequate public facilities, assure proper urban form and open space separation of urban areas, and protect environmentally critical areas and areas premature for urban development.

e.

Protect and conserve the value of land, buildings, and other improvements upon the land and minimize the conflicts among the uses of land or buildings;

f.

Avoid scattered and uncontrolled growth and development that would result in the unnecessary imposition of an excessive expenditure of public funds for the supply of services that are a part of the community infrastructure;

g.

Preserve and improve the present health, safety, and welfare of the citizens of the City through the provision of adequate light; air; convenience of access; and safety from flood, fire, and other hazards;

h.

Regulate the subdividing and platting of land;

i.

Guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools, parks, playgrounds, recreation, and other public requirements and facilities;

j.

Establish reasonable standards of design and procedures for subdivisions and re-subdivisions in order to further the orderly layout and use of land, and to ensure proper legal descriptions and monumenting of subdivided land;

k.

Prevent the pollution of air, streams, and ponds; assure the adequacy of drainage facilities; safeguard the water table; and encourage the wise use and management of natural resources throughout the City in order to preserve the integrity, stability, and beauty of the community and the value of the land;

l.

Preserve the natural beauty and topography of the City and ensure appropriate development with regard to these natural features, and conserve natural resources such as natural beauty, woodlands, open spaces, and energy both during and after development;

m.

Provide for open spaces through the most efficient design and layout of the land, including the use of average density in providing for minimum width and area of lots, while preserving the density of development as established by applicable provisions of this Ordinance;

This ordinance shall have jurisdiction over all lands within the incorporated boundaries of the City of Whiting, Indiana, unless otherwise specified.

No structure shall be located, erected, constructed, reconstructed, moved, altered, converted, or enlarged, nor shall any structure or land be used, except in full compliance with all provisions of this Ordinance and ordinances including, but not limited to WMC Chapter 12 Article XII. Portable Storage Units; WMC Chapter 4 Article X. Fences and Landscaping Improvements; WMC Chapter 14.5 Sign Ordinance; WMC Chapter 4 Article VI. Swimming Pools; and WMC Chapter 15.5 Telecommunications Ordinance and after the lawful issuance of all permits and certificates required by this Ordinance.

In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. These regulations shall be construed broadly to promote the purposes for which they are adopted.

a.

Public Provisions. These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule, regulation, statute, or other provision of law, except as provided in these regulations. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other ordinance, rule, regulation, or other provision of law, the provision which is more restrictive or imposes higher standards shall control. It shall be the developer's or applicant's responsibility to determine and comply with all other applicable City, state, or federal codes or regulations governing development and land use activities.

b.

Private Provisions. These regulations are not intended to abrogate any easement, provided that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easement, the requirements of these regulations shall govern. Where the provisions of the easement impose duties and obligations more restrictive, or standards that are higher than the requirements of these regulations or the determinations of the Plan Commission in approving a subdivision or in enforcing these regulations, and the private provisions are not inconsistent with these regulations or the determinations made under these regulations, then the private provisions shall be operative and supplemental to these regulations and the determinations made under the regulations. In no case shall the City be obligated to enforce the provisions of any easements or agreements between parties.

If for any reason these provisions come in conflict with any other regulations, the more restrictive regulation will apply.

Should any section, subsection, paragraph, subparagraph, clause, word, or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

These regulations shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision 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 City 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 City except as shall be expressly provided for in these regulations.

This ordinance shall be in full force and effect from and after its approval by the Common Council of the City of Whiting, Indiana, hereafter referred to as the City Council.

Upon the adoption of these regulations according to law, the Unified Zoning and Subdivision Control Ordinance adopted June 21, 2011, as amended, are hereby effective as of the effective date of this Ordinance per Section 2.10.

In accordance with IC § 36-7-4-602, the legislative body may amend or partially repeal the text of this Ordinance or they may amend the zoning maps of this Ordinance.

Any person aggrieved by a decision of the Plan Commission relating to this Ordinance may appeal said decision to the Lake County Circuit Court as provided by IC § 36-7-4-708. The appeal shall be filed within thirty (30) days of the decision upon which the grievance is based.

The Plan Commission's appointed Administrator shall have the principal responsibility for implementation and enforcement of this Ordinance, hereafter referred to as the Zoning Administrator.