CHAPTER 10 - ZONING
Article 1
Title, Interpretation and Enactment
Sec. 10-1 Purpose.
Sec. 10-2 Interpretation
Sec. 10-3 Severability Clause
Sec. 10-4 Repeal of Conflicting Ordinance, Effective
Date.
Sec. 10-5 - 10-6 Reserved.
Sec. 10-7 Application and Interpretation
Sec. 10-8 Words and Phrases Defined.
Sec. 10-9 - 10-10 Reserved
Sec. 10-11 Zoning Permits Required.
Sec. 10-12 Contents of Application for Zoning
Permit.
Sec. 10-13 Approval of Zoning Permit.
Sec. 10-14 Expiration of the Zoning Permit.
Sec. 10-15 Certificate of Occupancy.
Sec. 10-16 Record of Zoning Permits and Certificate
of Occupancy.
Sec. 10-17 Failure to Obtain a Zoning Permit or
Certificate of Occupancy.
Sec. 10-18 Construction and Use to Be as Provided
in Application, Plan, Permits and Certificates.
Sec. 10-19 Complaints Regarding Violations.
Sec. 10-20 Penalties for Violations.
Sec. 10-21 Schedule of Fees, Charges and Expenses.
Sec. 10-22 Reserved.
Sec. 10-23 Intent.
Sec. 10-24 Incompatibility of Non-conformities.
Sec. 10-25 Avoidance of Undue Hardship.
Sec. 10-26 Single Non-Conforming Lots of Record.
Sec. 10-27 Non-Conforming Lots of Record in Combination.
Sec. 10-28 Non-Conforming Uses of Land.
Sec. 10-29 Non-Conforming Structures.
Sec. 10-30 Repairs and Maintenance.
Sec. 10-31 Uses Under Special Exception Provisions
are Not Non-Conforming Uses.
Sec. 10-32 - 10-33 Reserved.
Sec. 10-34 Creation of The Office of The Zoning
Inspector.
Sec. 10-35 Duties of The Zoning Inspector.
Sec. 10-36 Proceedings of the Plan Commission.
Sec. 10-37 Duties of The Plan Commission.
Sec. 10-38 Continuation of The Board of Zoning
Appeals.
Sec. 10-39 Procedures of the Board of Zoning Appeals.
Sec. 10-40 Duties of the Board of Zoning Appeals.
Sec. 10-41 Duties of the Zoning Inspector, Board
of Zoning Appeals, Legislative Authority and Courts on Matters of Appeal.
Sec. 10-42 Procedures and Requirements for Appeals
and Variances.
Sec. 10-43 Appeals.
Sec. 10-44 Stay of Proceedings.
Sec. 10-45 Variances.
Sec. 10-46 Application and Standards for Variances.
Sec. 10-47 Supplementary Conditions and Safeguards.
Sec. 10-48 Public Hearing by the Board of Zoning
Appeal.
Sec 10-49 Notice of Public Hearing in Newspaper.
Sec. 10-50 Action by Board of Zoning Appeals.
Sec. 10-51 Procedure and Requirements for Approval
of Special Exception Use
Sec. 10-52 General
Sec. 10-53 Contents of Application for a Special
Exception Permit.
Sec. 10-54 General Standards Applicable to Special
Exceptions.
Sec. 10-55 Supplementary Conditions and Safeguards.
Sec. 10-56 Notice of Public Hearing.
Sec. 10-57 Action by The Board of Zoning Appeals.
Sec. 10-58 Expiration of Special Exception Permit.
Sec. 10-59 - 10-60 Reserved.
Sec. 10-61 General.
Sec. 10-62 Initiation of Zoning Amendments.
Sec. 10-63 Contents of Application.
Sec. 10-64 Public Hearing by Plan Commission.
Sec. 10-65 Notice of Public Hearing in Newspaper.
Sec. 10-66 Recommendation by Plan Commission.
Sec. 10-67 Public Hearing by Town Board.
Sec. 10-68 Action by Town Board.
Sec. 10-69 Annexation.
Sec. 10-70- 10-71 Reserved
Article 7
Provisions for Official Zoning Map
Sec. 10-72 Official Zoning Map.
Sec. 10-73 Identification of the Official Zoning
Map
Sec. 10-74 Maintenance of the Official Zoning
Map.
Sec. 10-75 Location of Official Zoning Map.
Sec. 10-76 Rules for Interpretation of District
Boundaries.
Sec. 10-77 - 10-78 Reserved
Article 8
Establishment of Districts and District Regulations
Sec. 10-79 Establishment of Districts.
Sec. 10-80 R-1 Residential District Standards.
Sec. 10-81 R-2 Residential District.
Sec. 10-82 RMH Residential Mobile Home District.
Sec. 10-83 Business District.
Sec. 10-84 B-2 Roadside Business District.
Sec. 10-85 I-1 Industrial District.
Sec. 10-86 FP Flood Plan District.
Sec. 10-87 Special Exception Uses.
Sec. 10-88 Height, Yard and Area Exceptions.
Sec. 10-89 - 10-90 Reserved.
Article 9
Establishment of Jurisdiction and Procedures for the Two-Mile Planning
Fringe Area
Sec. 10-91 Establishment of Jurisdiction.
Sec. 10-92 Adoption of County Standards for Two-Mile
Planning Area.
Sec. 10-93 Administration and Enforcement of Zoning
in The Two Mile Sec. 10-93 Planning Area.
Sec. 10-94 Additional Members of the Plan Commission.
Sec. 10-95 Additional Members of the Board of
Zoning Appeals.
Sec. 10-96 Two-Mile Jurisdiction for Purposes
of Zoning and Sub-division Control Only.
Sec. 10-97 - 10-98 Reserved.
Article 10
Planned Unit Development Regulations
Sec. 10-99 General.
Sec. 10-100 Planned Unit Development Restrictions.
Sec. 10-101 Increased Residential Density.
Sec. 10-102 Procedures for Approval of PUD.
Sec. 10-103 - 10-104 Reserved.
Sec. 10-105 Mobile Homes.
Sec. 10-106 Mobile Home Parks: Property Development
Standards.
Sec. 10-107 Mobile Home Parks: Preliminary Plan.
Sec. 10-108 Mobile Home Parks: Final Plan.
Sec. 10-109 Mobile Home Parks: Final Plan Approval.
Sec. 10-110 - 10-115 Reserved.
Article 12 Subdivision Ordinance
Sec. 10-116 Establishment of Control.
Sec. 10-117 Definitions.
Sec. 10-118 Application Procedure.
Sec. 10-119 Design Standards.
Sec 10-120 Required Improvements.
Sec. 10-121 Amendments, Severability, Remedies
and Violations.
CHAPTER 10 - ZONING
Article 1
Title, Interpretation and Enactment1
The Town Board of Trustees deems it necessary, in order to conserve the
value of property in the Town, and to secure light, air convenience of
access and safety from fire and other. dangers, to adopt a well-considered
plan for the use and development of all property throughout the Town.
The Board further believes that such a zoning plan would be in the best
interest of public safety, health, comfort, convenience, and the general
welfare of its citizens.
The provisions of this chapter shall be liberally construed so as to
give full effect to its intent and purpose. This chapter shall not nullify
more restrictive covenants or agreements, but shall have control over
those which are less restrictive. In interpretation and applying the provisions
of this chapter, they shall be held to be the minimum requirements for
the promotion of the public health, safety, comfort convenience and general
welfare.
(Ord. No. 78-7-17, §101, 1978)
Sec. 10-3 Severability Clause.
Should any section, subsection, paragraph, or provisions of this chapter
be declared by the courts to be unconstitutional or invalid, such decision
shall not affect the validity of the chapter as a whole or any part thereof
other than the part so declared to be unconstitutional or invalid.
(Ord. No. 78-7-17, §102, 1978)
Sec. 10-4 Repeal of Conflicting Ordinance,
Effective Date.
General Ordinances 223 - 1952 and 224 - 1952 of the Town of Kentland
and all other ordinances or parts of ordinances in conflict with this
Zoning Chapter or inconsistent with the provisions of this chapter, are
hereby repealed to the extent necessary to give this chapter full force
and effect.
(Ord. No. 78-7-17, §103, 1978)
Sec. 10-5 - 10-6 Reserved
1 I.C. 36-7-4-100 through I.C. 36-7-4-1106
sets forth the Planning and Developing regulations, and specifically covers
the Area Planning Laws.
Article
2- Definitions
Sec. 10-7 Application and Interpretation.
(a) For the purpose of these regulations, certain numbers,
abbreviations, terms, words, and phrases used herein shall be used, interpreted,
and defined as set forth in this article.
(b) Whenever any words and phrases used herein are
not defined herein but are defined in the State laws regulating the creation
and function of various planning agencies, any such definition therein
shall be deemed to apply to such words and phrases used herein, except
when the context otherwise requires.
(c) For the purpose of these regulations, certain words
and phrases used herein shall be interpreted as follows:
1. The word "person"
includes an individual, firm, association, organization, partnership,
trust, company, corporation, or any other legal entity.
2. The masculine includes the feminine.
3. The present tense includes the past and
future tense, the singular number includes the plural.
4. The word "shall" is a mandatory
requirement, the word "may" is a permissive requirement, and
the word "should" is a preferred requirement.
5. The words "used" or "occupied"
include the words "intended, arranged, or designed to be used or
occupied".
6. The word "lot" includes the words
"plat", "parcel", and "tract".
(Ord. No. 78-7-17, §20, 1978)
Sec. 10-8 Words and Phrases Defined.
Accessory Use or Accessory Structure
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
Agriculture
The use of land for farming, dairying, pasturage,
agriculture, apiculture, horticulture, floriculture, viticular, animal
an poultry husbandry, and the necessary accessory uses for packing, treating,
or storing the produce.
Airport
Any location either on land or water, or structure
which is designed or used for the landing and taking-off of aircraft,
including all necessary buildings and facilities, if any.
Alteration
Any change, addition, or modification in construction,
or any change in the structural members of a building, such as bearing
walls, columns, beams or girders.
Block
A tract of land bounded by streets, or a combination
of streets and public parks, cemeteries, railroad rights-of-way, shorelines
of waterways, or boundary lines of municipalities.
Board
The Board of Zoning Appeals.
Boarding House
A building, not available to transients, in which
meals are regularly provided for compensation for at least three (3) but
not more than thirty (30) persons.
Building
Any structure designed or intended for the support,
enclosure, shelter, or protection of persons, animals, chattels, or property
of any kind, and includes any structure.
Building Accessory
A subordinate building detached from, but located
on the same lot as the principal building, the use of which is incidental
and accessory to that of the principal building or use.
Building, Height of
The vertical distance measured from the average
elevation of the proposed finished grade at the front of the building
to the highest point of the roof for flat roofs, to the deck line of mansard
roofs, and to the mean height between eaves and ridges for gable, hip
and gambel roofs.
Building, Principal
A building in which is conducted the main or principal
use of the lot on which said building is situated.
Building Setback Line
The line, established by this chapter, beyond which
a building shall not extend unless varied according to procedures in this
chapter. Also called a "building line".
Business
An occupation, employment, or enterprise which
occupies time, attention, labor, and materials; or wherein merchandise
is exhibited, sold, or where services are offered.
Cemetery
Land used or intended to be used for the burial
of the human or animal. dead and dedicated for cemetery purposes, including
crematories, mausoleums, and mortuaries if operated in connection with
and within the boundaries of such cemetery for which perpetual care and
maintenance is provided.
Certificate of Occupancy
A certificate stating that the occupancy and the
use of land or a building or structure referred to therein complies with
the provision of this chapter and issued by the Building Commissioner.
Clinic
A building used for the care, diagnosis and treatment
of sick, ailing, infirm, or injured persons, and those who are in need
of medical and surgical attention, but which building does not provide
board, room or regular hospital care and services.
Club
A building or portion thereof or premises owned or
operated by a person for a social, literary, political, educational, or
recreational purpose primarily for the exclusive use of members and their
guests, but not including any organization group, or association, the
principal activity of which is to render a service usually and ordinarily
carried on as a business.
Comprehensive (Development) Plan
A plan, or any portion thereof, adopted by the
Plan Commission and the legislative authority of the Town showing the
general location and extent of present and proposed physical facilities
including housing, industrial and commercial uses, parks, schools, and
transportation and other community facilities.
Density
A unit of measurement; the number of dwelling units
per acre of land.
District
A part of the Town, wherein restrictions of this
chapter are uniform.
Driveway
A private road which provides access to a lot,
or to a use located on such lot, from a public way.
Dwelling
Any structure or portion thereof, which is designed
or used exclusively for residential purposes, provided that such structure
complies with Indiana Administrative Building Council as One and Two Family
Dwelling Code. If the structure is factory built, as opposed to on site
construction, said factory built structure must have a sticker indicating
compliance with Administrative Building Council new rule numbered ACB
4-IBD, where applicable.
Dwelling, Multi-Family
A dwelling consisting of three (3) or more dwelling
units including condominiums with varying arrangements of entrances and
party walls.
Dwelling, Single Family
A dwelling consisting of single dwelling unit only,
separated from other dwelling units by open space.
Dwelling, Two-Family
A dwelling consisting of two dwelling units which
may be either attached side by side or one above the other, and each unit
having a separate or combined entrances or entrance.
Dwelling Unit
A room or group of rooms designed and equipped
exclusively for use as living quarters for only one family and its household
employees, including provisions for living, sleeping, cooking and eating.
The term shall include mobile homes but shall not include house trailers
or recreational vehicles.
Easement
An authorization or grant by a property owner to
specific person(s) or to the public to use land for specific purposes.
Essential Services
The erection, construction, alteration, or maintenance
of gas, electrical, communications facilities, stream, fuel or water transmission
or distribution systems, collection, supply or disposal systems. Such
systems may include towers, poles, wires, mains, drains, sewers, pipes,
conduits, cables, fire alarm and police call boxes, traffic signals, hydrants,
and similar accessories, but shall not include buildings which are necessary
for furnishing of such services.
Family
One or more persons occupying a single dwelling
unit, provided that unless all members are related by blood, adoption,
or marriage, no such family shall contain over five (5) persons.
Farm
An area used for agricultural operations including
truck gardening, forestry, the operation of a tree or plant nursery, or
the production of livestock and poultry.
Fence
A structure, including entrance and exit gates,
designed and constructed for enclosure or screening.
Floor (or Floodwater)
The temporary inundation of land adjacent to and inundated
by overflow from a river, stream, lake or other body of water. I.C. 13-2-22-1
through 13-2-22-20, the Flood Control Act, defines flood as "the
water of any river or stream in the State of Indiana or upon or adjoining
any boundary line of the State of Indiana, which is above the bank and/or
outside the channel and banks of such river or stream; and also means
the water of any lake which is above and outside the banks thereof."
Flood Control
The prevention of floods, the control, regulation,
diversion or confinement of flood flow, and the protection therefrom,
according to sound and accepted engineering practice, to minimize the
extent of floods, and the death, damage and destruction caused thereby,
and, all things incidental thereto or connected therewith.
Flood Hazard Area
A flood plain, or portion, hereof, which has not
been adequately protected from floodwater by means of dikes, levees, reservoirs,
or other works approved by the Indiana Department of Natural Resources
Commission.
Flood Plain
The relatively flat area or low land adjoining
the channel of a stream or river which has been or may be covered by flood
water. The flood plain includes the channel, floodway and floodway fringe.
Floodway
The channel of a river or stream and those portions
of the flood plain adjoining the channel which are reasonably required
to carry and discharge the flood water or flood flow of any river or stream.
Floor Area, Gross
The sum, in square feet, of the floor areas of
all roofed; portions of a building, as measured from the interior faces
of the exterior walls. It includes the total of all space on all floors
of a building. It does not include porches, garages, or space in a basement
or cellar when said basement or cellar space is used for storage or other
such incidental uses. The gross floor area is generally applied in residential
use.
Floor Area Net
The floor area of a specified use excluding stairs,
washrooms, elevator shafts and rooms, storage spaces, display windows,
fitting rooms, etc., in a non-residential building. The net area is used
in calculating parking requirements.
Floor Area Ration
The floor area of the building divided by the areas
of the lots on which such building is located.
Garage. Private
An accessory building, or an accessory portion
of the principal building, used for storing or parking of automobiles,
recreational vehicles and/or boats of the occupants of the premises and
wherein not more than one (1) space is rented for parking to a person
not a resident on the premises.
Garage, Public
A principal or accessory building other than a
private or storage garage, used for parking or temporary storage of passenger
automobiles, and in which no service shall he provided for renumeration.
Garage, Storage
Any building or premises, used for housing only
motor-driven vehicles, other than trucks and commercial vehicles.
Grade
The average level of the finished surface of ground
adjacent to the exterior walls of the building.
Home Occupation
An occupation conducted in a dwelling unit, provided
that:
a. No more than one person other than members of
the family residing on the premises shall be engaged in such occupation.
b. The use of the dwelling unit for the home occupation
shall be clearly incidental and subordinate to its use for residential
purposes by its occupants, and not more than twenty-five (25) percent
of floor area of the dwelling unit shall be used in the conduct of the
home occupation;
c. There shall be no change in the outside appearance
of the building or premises, or other visible evidence of the conduct
of such home occupation other than one (1) sign, not exceeding four
(4) square feet in area, non-illuminated, and mounted flat against the
wall of the principal building;
d. No traffic shall be generated by such home occupation
in greater volume than would normally be expected in a residential neighborhood,
and any need for parking generated by the conduct of such home occupation
shall meet the off-street parking requirements as specified in this
chapter, and shall not be located in a required front yard.
e. No equipment or process shall be used in such home
occupation which creates noise, vibration, glare, fumes, odors, or electrical
interference detectable to the normal senses off the lot, if the occupation
is conducted in a single-family residence, or outside the dwelling unit
if conducted in other than a single-family residence. In the case of
electrical interference, no equipment or process shall be used which
creates visual or audible interference in any radio or television receivers
off the premises, or causes fluctuations in line voltage off the premises.
Hotel or Motel and Apartment Hotel
A building in which lodging or boarding and offered
to the public for compensation. As such it is open to the public in contradistinction
to a room house, boarding house, lodging house, or dormitory which is
herein separately defined.
Junk yard
Any land, property, structure, building, or combination
of the same on which junk is stored or processed. Junk shall include wrecked
automobiles, scrap iron and other metals, paper, rages, rubber tires and
bottles, etc.
Kennel
Any premises where three (3) or more animals over
four (4) months of age are housed, groomed, bred, boarded, trained or
sold and which may offer provisions for minor medical treatment.
Loading Space, Off Street
Space logically and conveniently located for bulk
pickups and deliveries, scaled to delivery vehicles expected to be used,
and accessible to such vehicles when required off-street parking spaces
are filled. Required off-street loading space is not to be included as
off-street parking space in computation of required off-street parking
space. All off-street loading spaces shall be located totally outside
of any street or alley right-of-way.
Lot
For the purposes of this chapter, a lot is a parcel
of land of sufficient size to meet minimum zoning requirements for use,
coverage, and area, and to provide such yards and other open spaces as
herein required. Such lot shall have frontage on an improved public street,
or on an approved private street, and may consist of:
a) A single lot of record;
b) A portion of lot or record;
c) A combination of complete lots of record, or of
complete lots of record and portion of lots of record, or of portions
of lots of record.
Lot Area
The area of any lot shall be determined exclusive
of street, highway, alley, road, or other rights-of-way.
Lot Coverage
The ratio of enclosed ground floor area of all
buildings on a lot to the horizontally projected area of the lot, expressed
as a percentage.
Lot Frontage
The front of a lot shall be construed to be the
portion nearest the street. For the purpose of determining yard requirements
on corner lots and through lots, all sides of a lot adjacent to streets
shall be considered frontage, and yards shall be provided as indicated
under "Yards" in this section.
Lot Line, Front
Lot line(s) bounding a lot as follows:
interior
lot---the line separating the lot from the street.
corner
or through lot---the line separating the lot from either street.
Lot Line, Rear
The boundary of a lot which is most distant from
and is, or is most nearly parallel to the front lot line. In the case
of a triangular or irregular-shaped lot, an imaginary line between the
side lot lines parallel to the front lot line, ten (10) feet long, lying
farthest from the front lot line. On a corner lot, the rear lot line shall
be opposite the front lot line of least dimension.
Lot Line, Side
Any boundary of a lot which is not a front lot
line or rear lot line.
Lot, Measurement of
A lot shall be measured as follows:
a.) Depth - the distance between the mid points of straight
lines connecting the foremost points of the side lot lines in front
and the rearmost points of the side lot lines in the rear.
b) Width - the distance between straight lines connecting
front and rear lot lines at each side of the 1ot, measured at the building
setback line.
Lot of Record
A lot which is part of a subdivision recorded in
the office of the County Recorder, or a lot or parcel described by metes
and bounds, the description of which has been so recorded.
Lot Types
Terminology used in this chapter with reference
to different types of lots is as follows:
a) Corner Lot - A lot located at the intersection
of two or more streets. A lot abutting on a curved street or streets
shall be considered a corner lot if tangent projections of the front
lot lines drawn perpendicular at the side lot lines meet at an interior
angle of less than 135 degrees in front of the lot.
b) Interior Lot - A lot with on one frontage on a
street.
c) Through Lot - A lot other than a corner lot with
frontage on more than one street. Through lots abutting two streets
may be referred to as double frontage lots.
d) Reversed Frontage Lot - A lot on which frontage
is at right angles to the general pattern in the area. A reversed frontage
lot may also be a corner lot.
Manufactured Homes
A dwelling, designed and built in a factory, which
bears a seal certifying that it was built in compliance with the National
Manufactured Housing Construction and Safety Standards law (1974 U.S.C.
5401 et. seq.).
(Ord. No. 82-6-24, 1982)
Manufactured Home Type A
A manufactured home which:
(a) was constructed after January 1, 1981, and
(b) has more than nine hundred and fifty (950) square
feet of occupied space and is composed of more than one (1) section,
and
(c) is placed onto a permanent foundation approved
by the Kentland Building Inspector,
(d) has wheels, axles, and hitch mechanisms removed,
and
(e) has siding material of a type customarily used
on site constructed homes,
(f) has roofing material of a type customarily used
on site-constructed homes.
(Ord. No. 82-6-24, 1982)
Mobile Home
A portable manufactured housing unit designed for transportation
on a chassis and for placement on a temporary or permanent foundation,
possessing a body width of not less than eight (8) feet overall body of
not less than thirty-two (32) feet less hitch. Any such mobile home shall
comply in full with the standards, rules and regulations prescribed in
NFPA No. 501 B, 1971, also known as ANSI A-188.1, Mobile Home Code. If
any such mobile home shall have an Indiana Certificate of Compliance,
as provided in Administrative Building Council New Rule Numbered ACB I-BD,
it shall be presumed that the mobile home complies with ANSI A-119.1,
Mobile Home Code. If a portable manufactured housing unit has the ANSI
A-119.1, Mobile Home Code approval, it is conclusively presumed to be
a mobile home.
Mobile Home Park
A parcel of land on which 2 or more mobile homes
are regularly accommodated with or without charge, including any building
or other structure, fixtures, or equipment that is used or intended to
be used in provided that accommodation and for which a State license is
required.
Modular Home
Modular Home means a dwelling, designed and built
in a factory for installation or assembly at the building site, and which
bears a seal certifying that it was built in compliance with Indiana Public
Law 360, Acts of 1971, as promulgated by the Indiana Administrative Building
Council.
(Ord. No. 82-6-24, 1982)
Non-Conforming Use
A building, structure or use of land existing at
the time of enactment of this Ordinance, and which does not conform to
the regulations of the district in which it is situated.
Nursery, Nursing Home
A home or facility for the care and treatment of
babies, children, pensioners, or elderly people.
Open Space
A public or private outdoor area expressly set
aside for the use and benefits of many unrelated people. The are may include,
along with the natural environmental features, water areas, swimming pools,
tennis courts, and other recreational facilities that the Plan Commission
deems permissive. Streets, parking areas, structures for habitation, and
the like shall not be included in open space area calculations.
Parking Space, Off-Street
For the purposes of this chapter, an off-street
parking space shall consist of an area adequate for parking an automobile
with room for opening doors on both sides, together with properly related
access to a public street or alley and maneuvering room, but shall be
located totally off public right-of-way.
Parking Stall
The area required for parking one automobile, with
its attendant maneuvering room. The area required for a parked car is
to be ten (10) feet wide and twenty-two (22) feet long.
Party Wall
A wall starting from the foundation and extending
continuously through all stories to or above the roof which separates
one building from another and is in joint use by each building.
Performance Bond or Surety Bond
An agreement by a subdivider or developer of the
Town for the amount of the estimated construction cost guaranteeing the
completion of physical improvements according to plans and specifications
within the prescribed by the subdivider's agreement.
Personal Services
Any enterprise conducted for gain which primarily
offers services to the general public such as shoe repair, watch repair,
barber shops, beauty parlors, and similar activities.
Planned Unit Development
An area of land in which a variety of residential,
commercial and industrial uses are planned and developed as a whole according
to comprehensive detailed plans with more flexible standards, such as
lot sizes and setbacks, than those restrictions that would normally apply
under these regulations.
Premises
One or more lots which are in the same ownership
and are contiguous or separated only by a road or waterbody, including
all buildings, structures and improvements.
Principal Building
The building in which the principal use of the
lot is conducted.
Principal Use
The primary use to which the premises are devoted,
and the main purpose for which the premises exist.
Professional Activities
The use of offices and related spaces for such
professional services as are provided by medical practitioners, lawyers,
architects, engineers, and similar professions.
Prohibited Use
A use marked as prohibited for a certain district
in the Schedule of Uses is not to be allowed to locate in said district
except as specified under non-conformities.
Public Right-of-Way
A general term denoting land, property, or interest
therein, usually in a strip, acquired for or devoted to a transportation
facility.
Public Service Facility
The erection, construction, alteration, operation,
or maintenance of buildings, power plants, or substations, water treatment
plants or pumping stations, sewage disposal or pumping plants and other
similar public service structures by a public utility, by a railroad,
whether publicly or privately owner, or by a municipal or other governmental
agency, including the furnishing or electrical, gas, rail transport, communications,
water and sewerage services.
Public Utility
Any person, firm or corporation duly authorized
to furnish electricity, gas, steam, telephone, telegraph, water or sewerage
systems to the public under public regulation.
Replacement Cost
The sum of money which would be required to re-erect
a structure identical to the one in question.
Roadside Stand
A temporary structure designed or used for the
display or sale of agricultural and related products, or novelties and
other items of interest to the motoring public.
Rooming House (Boarding House, Dormitory, Lodging House)
A dwelling or part thereof, other than a hotel,
motel or restaurant where meals and/or lodging are provided for compensation,
for three (3) or more unrelated persons where no cooking or dining facilities
are provided in the individual rooms.
Screening
A structure erected or vegetation planted for concealing
an area from view.
Seat
For purposes of determining the number of off-street
parking spaces for certain uses, the number of seats is the number of
seating units installed or indicated, or each twenty four (24) lineal
inches of benches, pews, or space for loose chairs.
Setback Line
A line established by the zoning ordinance, generally
parallel with and measured from the lot line (property line), defining
the limits of a yard in which no building, other than accessory building,
or structure may be located above ground, except as may be provided in
said Ordinance.
Sewers, Central or Group
An approved sewage disposal system which provides
a collection network and disposal system and central sewage treatment
facility for a single development, community, or region.
Sewers, On-Site
A septic tank or similar installation on an individual
lot which utilizes an aerobic bacteriological process or equally satisfactory
process for the elimination of sewage and provides for the proper and
safe disposal of the effluent, subject to the approval of health and sanitation
officials having jurisdiction.
Sidewalk
That portion of the road right-of-way outside the
roadway, improved for the use of pedestrian traffic.
Sign
An identification, description, illustration, or
device which is affixed to or represented directly or indirectly upon
a building, structure, or land and which directs attention to a product,
place, activity, service, person, institution or business.
Sign Illuminated
Any sign illuminated by electricity, gas, or other
artificial light reflecting or phosphorescent light.
Sign Lighting Device
Any light, string of lights, or group of lights
located or arranged so as to cast illumination on a sign.
Sign Off-Premises
Any sign unrelated to a business or profession conducted,
or. to a commodity or service sold or offered upon the premises where
such sign is located.
Sign, On-Premises
Any sign related to a business or profession conducted,
or a commodity or service sold or offered upon the premises where such
sign is located.
Sign Projecting
Any sign which projects from the exterior of a building.
Site-Constructed Home
A dwelling, primarily constructed on the site where
it is to be occupied, meeting the building code in effect at the time
of construction.
(Ord. No. 82-6-24, 1982)
Special Exception
A use or structure allowed in a district for
which a permit is granted by the Board of Zoning Appeals because of its
unusual nature.
State
The State of Indiana.
Story
That part of a building between the surface of a floor
and the ceiling immediately above; or if there is a floor above, the portion
of a building between the surface of any floor and the surface of the
floor next above. A basement shall not be counted as a story.
Street
A general term denoting a public way for purposes of
vehicular travel, including the entire area within the right-of-way. The
term "street" also includes the terms highway, parkway, road,
thoroughfare, avenue, boulevard., lane, court, place, and other such terms.
a. Alley - A street intended to
provide access to the rear or side of lots or to buildings in urban
areas and not intended for the purpose of vehicular traffic.
b. Cul-de-sac - A local street open
at one end only and with a special provision for vehicles turning around.
c. Dead-end - A local street open
at one end only and without a special provision for vehicles turning
around.
d. Frontage - A local street or
road auxiliary to and located on the side of an arterial for service
to abutting property and adjacent areas, and for control of access.
sometimes also called a "marginal access street".)
e. Highway - A term applied to streets
and roads that are under the jurisdiction of the Indiana State Highway
commission.
f. Private - A local street that
is not accepted for public use or maintenance which provides vehicular
and pedestrian access.
g. Public - A street under the control
of and kept by the public, established by regular governmental proceedings
for the purpose, or dedicated by the owner of the land and accepted
by the proper authorities and for the maintenance of which they are
responsible.
Structure
Anything constructed or erected with a fixed location
on the ground, or attached to something having a fixed location on the
ground. Among other things, structures include buildings, walls, swimming
pools, fences and signs.
Town
The Town of Kentland, Indiana.
Travel Trailer
A vehicle or other portable structure designed to move
on the highway, not under its own power, and designed or used as a temporary
dwelling.
Use
The specific purposes for which land or a building
is designated, arranged, intended, or for which it is or may be occupied
or maintained.
Variance
A modification of the strict terms of the
relevant regulations of this chapter where such modification will not
he contrary to the public interest and where, owing to conditions peculiar
to the property and not the result of the action of the applicant, a literial
enforcement of this chapter would result in unnecessary and undue hardship.
Veterinary Animal Hospital or Clinic
A place used for the care, diagnosis, and treatment
of sick, ailing, infirm, or injured animals, and those who are in need
of medical or surgical attention, and may include overnight accommodations
on the premises treatment, observation and or recuperation. It may also
include the boarding that is incidental to the principal activity or use.
Vicinity Map
A drawing located on the plat which sets forth
by dimensions or other means, the relationship of the proposed subdivision
or use to other nearby developments or landmarks and community facilities
and services within the general area in order to better locate and orient
the area in question.
Walkway
A public way, four (4) feet or more in width,
for pedestrian use only, whether along the side of a street or not.
Yard
An open space other than a court on a lot,
unoccupied and unobstructed from the ground upward, except as otherwise
provided in this chapter.
Yard, Front
A yard across the full width of the lot extending
from the front lot line of the principal building to the front of the
lot. On corner lots the front yard shall face the shortest street dimension
of the lot, except that if the lot is square or almost square, then the
front yard may face either street.
Yard, Rear
A yard extending the full width of the lot
between a principal building and the rear lot line or lines.
Yard, Side
A yard between the principal building and
side lot line, and extending from the front yard line to the rear yard
line.
Zoning
The division of an area into districts and
the public regulation of the character and intensity of the use of the
land, and of the building structures which may be located thereon, in
accordance with a comprehensive plan.
Zoning Ordinance
A legal tool for accomplishing the objectives of
a land use plan. It is an effective regulatory measure designed to encourage
high standards of development and to foster the most efficient use of
land.
Zoning Permit
A document issued by the zoning inspector
authorizing the use of lots, structures, uses of land and buildings, and
the characteristics of the uses.
(Ord. No. 78-7-17, §201, 1978)
Sec. 10-9 and 10-10 Reserved
Sec. 10-11 Zoning Permits Required.
No building or other structure shall be erected, moved, added to, or
structurally altered; nor shall any building, structure, or land be established
or changed in use without a permit issued by the zoning inspector. Zoning
permits shall be issued only in conformity with the provisions of this
chapter unless the zoning inspector receives a written order from the
Board of Zoning Appeals deciding an appeal, special exception or variance,
or from the Town Board approving a Planned Unit Development as provided
by this chapter.
(Ord. No. 78-7-17, §300, 1978)
Sec. 10-12 Contents of Application for
Zoning Permit
The application for a zoning permit shall be made in triplicate and signed
by the owner or applicant attesting to the truth and exactness of all
information supplied by the application. Each application shall clearly
state that the permit shall expire and he revoked if work has not begun
within one year or substantially completed within two and a half (2 1/2)
years, except for Planned unit Developments where the completion date
is extended to five (5) years. The following information is the minimum
required:
(a) Name, address, and phone number(s) of applicant
(b) Legal description of property
(c) Existing and proposed use
(d) Zoning District
(e) Plans in duplicate drawn to scale, showing the actual dimensions
and the shape of the lot to be built upon.; the exact size and location
of existing buildings on the lot, if any; and the location and dimensions
of the proposed building(s) or alteration
(f) Building heights
(g) Number of off-street parking spaces or loading berths
(h) Number of dwelling units
(i) Any other matters which may be necessary to determine conformance
with, and provide for the enforcement of this chapter.
(Ord. No. 78-7-17, §301, 1978)
Sec. 10-13 Approval of Zoning Permit.
Within thirty (30) days after the receipt of an application, the zoning
inspector shall either approve or disapprove the application. One set
of the plans shall be returned to the applicant by the zoning inspector
and either be marked "approved" or disapproved" as the
zoning inspector 5 signature on the copy should attest. One set of the
plans, similarly marked, shall be retained by the zoning inspector. If
the application is approved, the zoning inspector shall issue a placard
to the applicant. It is to be posted in a conspicuous place on the property
in question, and will attest to the fact that the use or alteration is
in compliance with the provisions of this chapter.
(Ord. No. 78-7-17, §302, 1978)
Sec. 10-14 Expiration of the Zoning
Permit.
As stated in Section 10-13, if work has not begun
one year from the date of issuance of the zoning permit application, that
permit shall expire and be revoked by the zoning inspector. If same work
has not been substantially completed within two and a half (2 1/2) years
- except for PTJD's where five (5) years are allowed - from the date of
issuance of the zoning permit application, that permit shall expire and
be revoked by the zoning inspector. In each case, written notice shall
be given to the applicants with the stipulation that work may not begin
or continue (whichever case applies) until a new zoning permit has been
obtained.
(Ord. No. 78-7-17, §303, 1978)
Sec. 10-15 Certificate of Occupancy.
It shall be unlawful to use, occupy, or permit the use or occupancy of
any building or premises, or both, or part thereof hereafter created,
erected, changed, converted, or wholly or partly altered or enlarged in
its use or structure until a certificate of occupancy shall have been
issued by the zoning inspector. the certificate of occupancy shall state
that the proposed use of the building or land conforms to the requirements
of this chapter and is in compliance with the standards of current applicable
state building and safety codes and that the zoning inspector has inspected
the property and attested to that fact.
(Ord. No. 78-7-17, §31O, 1978)
Sec. 10-16 Record of Zoning Permits
and Certificate of Occupancy.
The zoning inspector shall maintain a complete record of all zoning permits
and certificates of occupancy presented for review to any person making
an copies shall be furnished or a request.
(Ord. No. 78-7-17, §311, 1978)
Sec. 10-17 Failure to Obtain a Zoning
Permit or Certificate of Occupancy
Failure to Obtain a Zoning Permit or Certificate of Occupancy shall be
a violation of this chapter and will be punishable under its provisions.
(Ord. No. 78-7-17, §320, 1978)
Sec. 10-18 Construction and Use
To Re As Provided in Application, Plan, Permits and Certificates.
Zoning permits of occupancy issued on the basis on plans and applications
approved by the zoning inspector authorize only the use or arrangement
set forth in such approved plans and applications or amendments thereto,
and no other use, arrangements, or construction. Any use, arrangement,
or construction contrary to that authorized shall be deemed a violation
of this chapter and be punishable under its provisions.
(Ord. No.78-7-17, §330, 1978)
Sec. 10-19 Complaints Regarding
Violations.
Any person may file a written complain whenever a violation of this chapter
occurs or is alleged to have occurred. The complaint shall state fully
and accurately the causes and basis thereof, and be filed with and recorded
by the zoning inspector. The zoning inspector shall immediately investigate
and take action upon such complaint as provided in this chapter.
(Ord. No. 78-7-17, §340, 1978)
Sec. 10-20 Penalties for Violation.
Violation of the provisions of this chapter or failure to comply with
any of its requirements (including violations of conditions and safeguards
established in connection with grants of variances or special exceptions)
shall constitute a common nuisance or misdemeanor. Any person who violates
this chapter or fails to comply with any of its requirements shall upon
conviction thereof either be fined not more than three hundred dollars
($300.00) nor less than ten dollars ($10.0), in addition shall be expected
to pay all costs and expenses involved in the case. Each day such violation
continues after receipt of a notice of violation, shall be considered
a separate offense. The owner or tenant of any building, structure, premises,
or part thereof, and any architect, builder, contractor, agency, or other
person who commits, participates in, assists in, or maintains such violation
may each be found guilty of a separate offense and suffer provided. Nothing
in this section shall prevent the Town other lawful action as is necessary
to prevent or remedy
(Ord. No. 78-7-17, §350, 1978)
Sec. 10-21 Schedule of Fees, Charges
and Expenses.
The Town Board by ordinance or resolution shall establish a schedule
of fees, charges, expenses, and a collection process for zoning permits,
amendments, appeals, variances, conditional use permits, plan approval,
and other matters pertaining to the administration and enforcement of
this chapter requiring investigation, legal advertising, postage and other
expenses. The schedule of fees shall he posted in the office of the Zoning
Inspector and may be altered or amended only by the Town Board. Until
all application fees, charges, and expenses have been paid in full, no
action shall be taken on any application on appeal.
(Ord. No. 78-7-17, §350, 1978)
Sec. 10-22 Reserved for Future Use
Article 4 - Non-Conformities
Sec. 10-23
Intent.
Within the districts established by this chapter or amendments 'that
may later be adopted there exist:
1. Non-conforming lots
2. Non-conforming structures
3. Non-conforming uses of land
4. Non-conforming uses of land and structure in combination,
and
5. Non-conforming characteristics of use
which were lawful before this chapter was passed or amended, but which
would be prohibited, regulated or restricted under the terms of this chapter
or future amendments thereto. It is the intent of this chapter to permit
these non-conformities to continue until they are removed, hut not to
encourage their survival. It is further the intent of this chapter that
non-conformities shall not be enlarged upon, expanded or extended, nor
be used as grounds for adding other structures or uses which are prohibited
elsewhere in the same district.
Sec. 10-24 Incompatibility of Non-conformities.
Non-conformities are declared by permitted uses in the districts non-conforming
use of a structure, a non-conforming use of a structure extended or enlarged
after passage of his chapter nor shall other uses be added which are of
nature which to he incompatible with in which such use is located. A non-conforming
use of land, or a and land in combination shall not be this chapter nor
shall other uses be would be generally prohibited in the district in which
such use is located.
(Ord. No. 78-7-17-, §410, 1978)
Sec. 10-25 Avoidance of Undue Hardship.
To avoid undue hardship, nothing in this chapter shall be deemed to require
a change in the plans, construction, or designated use of any building
or development on which actual construction was lawfully begun prior to
the effective date of adoption or amendment of this chapter and upon which
actual building construction has been carried on diligently. Where demolition
or removal of an existing building has been substantially begun preparatory
to rebuilding, such demolition or removal shall he deemed to be actual
construction, provided that the work shall be carried out diligently.
Actual construction is hereby defined as work done which is beyond the
preparation stage and into that stage where the changes or; additions
are made permanent.
(Ord. No. 78-7-17, §420, 1978)
Sec. 10-26 Single Non-Conforming
Lots of Record.
In any district in which single-family dwellings are permitted, a single-family
dwelling and customary accessory buildings may be erected on any single
lot or record at the effective date of adoption or amendment of this chapter
notwithstanding limitations imposed by other provisions of this chapter.
Such lot must be in separate ownership and not of continuous frontage
with other lots in the same ownership. This provisions shall apply even
though such lot fails to meet the requirements for area or width, or both
that are generally applicable it' the district provided that yard dimensions
and requirements other than those applying to area or width, or both,
of the lot shall conform to the regulations for the district in which
such lot is located. Variances of requirements listed in Article
8 of this chapter other than lot area or lot width shall he obtained
only through action of the board of Zoning Appeals as provided in sections
10-42 and10-50.
(Ord. No. 78-7-17, §430, 1978)
Sec. 10-27 Non-Conforming Lots of
Record in Combination.
If two or more lots or a combination of lots and portions of lots with
continuous frontage in single ownership are of record at the time of passage
or amendment of this chapter and if all or part of the lots with no buildings
do not meet the requirements established for lot width and area, the lands
involved shall be considered to be an undivided parcel for the purpose
of this chapter and no portion of said parcel shall be used or sold in
a manner which diminishes compliance with lot width and area requirements
established by this chapter, nor shall any division or parcel be made
which creates a lot with a width or area below the requirements stated
in this chapter.
(Ord. No. 78-7-17, §431, 1978)
Sec. 10-28 Non-Conforming Uses of
Land
Where, at the time of adoption of this chapter, lawful uses of land exist
which would not be permitted by the regulations imposed by this chapter,
the uses may be continued so long as they remain otherwise lawful, provided:
1. No such non-conforming uses shall be enlarged
or increased, nor extended to occupy a greater area of land than was
occupied at the effective date of adoption or amendment of this chapter.
2. No such non-conforming uses shall be moved
in whole or in part any portion of the lot or parcel other than that
occupied by such uses at the effective date of adoption or amendment
of this chapter.
3. If any such non-conforming uses of land
are discontinued or abandoned for more than one year (except when government
action impedes access to the premises), any subsequent use of such land
shall conform to the regulations specified by. this chapter for the
district in which such land is located.
4. No additional structure not conforming to
the requirements of this chapter shall be erected in connection with
such non-conforming use of land.
(Ord. No. 78-7-17, §440, 1978)
Sec. 10-29 Non-Conforming Structures.
Where a lawful structure exists at the effective date of adoption or
amendment of this chapter that could not be built by reason of restrictions
on area, lot coverage, height, yards, its location on the lot, bulk, or
other requirements concerning the structure, such structure may be continued
so long as it remains otherwise lawful, subject to the following provisions.
1. No such non-conforming structure may be enlarged
or altered in a way which increases its non-conformity, but any structure
or portion thereof may be altered to decrease its non-conformity.
2. Should such structure be moved for any reason
for any distance whatever, it. shall thereafter conform to the regulations
for this district in which it is located after it is moved.
3. Should such a non-conforming structure be
destroyed in excess of fifty (50) percent of its replacement cost, it
shall not be replaced except in conformity with the provisions of this
chapter.
(Ord. No. 78-7-17, §45O, 1978)
Sec. 10-30 Repairs and Maintenance.
On any non-conforming structure or portion of a structure containing
a non-conforming use, work may be done in any period of twelve consecutive
months on ordinary repairs, or on repair or replacement of non-bearing
walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent
of the current replacement cost of the non-conforming structure and market
value of real estate, or non-conforming portion of the structure, whichever
the case may be, provided that the cubic content existing when it became
non-conforming shall he be increased. Nothing is this section shall be
deemed to prevent the strengthening or restoring to a safe condition of
any building or part thereof declared to be unsafe by any official charged
with protecting the public safety, upon order of such official. If a non-conforming
structure or portion of a structure containing a non-conforming use becomes
physically unsafe or unlawful by reason of physical condition, it shall
not thereafter be restored, repaired or rebuilt except in conformity with
the regulations of the district in which it is located.
(Ord. No. 78-7-17, §47O, 1978)
Sec. 10-31 Uses Under Special Exception
Provisions are Not Non-Conforming Uses.
Any use which is permitted as a special exception in a district under
the terms of this chapter (other than a change through Board of Zoning
Appeals action from a non-conforming use to another use not generally
permitted in the district ) shall not be deemed a non-conforming use in
such district, but shall without further action be considered a conforming
use.
(Ord. No. 78-7-17, §48O, 1978)
Sec. 10-32 and 10-33 Reserved
Article 5 - Administration
Sec. 10-34 Creation of The Office
of The Zoning Inspector.
A zoning inspector designated by the Town Board of Trustees shall administer
and enforce this. chapter. He may be provided with the assistance of such
other persons as the Town Board may direct.
(Ord. No. 78-8-17, §5OO, 1978)
Sec. 10-35 Duties of The Zoning
Inspector.
For the purpose of this chapter, the Zoning Inspector shall have the
following duties:
1. Take any action authorized by this chapter
to ensure compliance with or to prevent violation(s) of this chapter.
This may include the issuance of and action on Zoning and Certification
of Occupancy Permits, inspection of buildings and/or premises and such
similar administrative duties as are permissible under law.
2. Upon finding that any provisions of this
chapter are being violated, he shall notify in writing the person responsible
for such violation(s) ordering the action necessary to correct such
violation. This may include ordering discontinuance of illegal uses
of land, buildings or structures, discontinuance of any illegal work
being done, and/or the removal of illegal buildings or illegal additions
or structural alterations.
(Ord. No. 78-7-17, §501, 1978)
Sec. 10-36 Proceedings of The Plan
Commission.
The Commission shall adopt rules necessary to the conduct of its affairs
in keeping with the provisions of this chapter. Meetings shall be held
at the call of the chairman and at such other times as the Commission
may determine. All meetings shall be open to the public. The Commission
shall keep minutes of its proceedings showing the vote of each member
upon each question, or if absent or failing to vote, indicating such fact,
and shall keep records of its examinations and other official actions
all of which shall be of public record and be immediately filed in the
office of the Commission.
(Ord. No. 78-7-17, §510, 1978)
Sec. 10-37 Duties of The Plan Commission.
For the purpose of this chapter the Commission shall have the following
duties:
1. Initiate proposed amendments to this chapter
2. Review all proposed amendments to the chapter
and make recommendations to the Town Board as specified in Article Six
3. Review all planned unit developments and
make recommendations to the Town Board as provided in Article Ten.
(Ord. No. 78-7-17, §511, 1978)
Sec. 10-38 Continuation of The Board
of Zoning Appeals.
A Board of Zoning Appeals created in General Ordinance
224, 1952 is of such Board shall be in and all amendments there hereby
continued. Membership and appointment of such Board shall be in
accordance with I.C. 36-7-4-901 through 36-7-4-903 to.
(Ord. No. 78-7-17, §520 1978)
Sec. 10-39 Procedures of The Board
of Zoning Appeals.
The Board shall adopt rules necessary to the conduct
of its affairs in keeping with the provisions of this chapter. Meetings
shall be held at the call of the chairman and at such other times as the
Board may determine. The chairman, or in his absence, the acting
chairman, may administer oaths and compel the attendance of witnesses.
All meetings shall be open to the public. The Board shall keep minutes
of its proceedings, showing the vote, indicating such fact, and shall
keep records of its examinations and other official actions, all of which
shall be public record and be immediately filed in the office of the Board.
(Ord. No. 78-7-17, §521, 1978)
Sec. 10-40 Duties of The Board of
Zoning Appeals.
In exercising its duties, the Board may, as long as such action is in
conformity with the terms of this chapter, reverse or affirm, wholly or
partly, or modify the order, requirement, decision, or determination appealed
from and may make such order, requirement, decision, or determination
as ought to be made, and to that end shall have the powers of the zoning
inspector from whom the appeal is taken. The concurring vote of
four (4) members of the Board shall be necessary to reverse any order,
requirement, decision, or determination of the zoning inspector, or to
decide in favor of the applicant on any matter upon which it is required
to pass under this chapter or to effect any variation in the application
of this chapter. For the purpose of this chapter the Board has the
following specific responsibilities:
1. To hear and decide appeals where it is alleged
there is an error in order, requirement, decision, interpretation, or
determination made by the zoning inspector;
2. To authorize such variances from the terms
of this chapter as will not be contrary to the public interest, where,
owing to the special. conditions, a literal enforcement of this chapter
will result in unnecessary hardship, and so that the spirit of this
chapter shall be observed and substantial justice done;
3. To grant special exception permits as specified
in this chapter and under the conditions specified in Article
Eight and such additional safeguards as will uphold the intent of
this chapter.
(Ord. No. 78-7-17, §522, 1978)
Sec. 10-41 Duties of The Zoning
Inspector, Board of Zoning Appeals, Legislative Authority and Courts on
Matters of Appeal.
It is the intent of this chapter that all questions of interpretation
and enforcement shall be first presented to the zoning inspector, and
that such questions shall be presented to the Board on an appeal from
the decision of the zoning inspector, and that resource from the decisions
of the Board shall be to the courts as provided by law. It is further
the intent of this chapter that the duties of the Town Board in connection
with this chapter shall not include hearing and deciding questions of
interpretation and enforcement that may arise. The procedure for deciding
such questions shall be as stated in this chapter. Under this chapter
the Town Board shall have only the duties of considering and adopting
or rejecting proposed amendments or the repeal of this chapter as provided
by law, and of establishing a schedule of fees and charges as stated in
Section 10-21 of this chapter. Nothing in this chapter
shall be interpreted to prevent any elected official of the town from
appealing a decision of the Board to the courts as provided in Indiana
law. Any such appeal shall be made within ten (10) days of the Boards
written decision.
(Ord. No. 78-7-17, §530, 1978)
Sec. 10-42 Procedures and Requirements
for Appeals And Variances.
Appeals and variances shall conform to the procedures and requirements
of Sections 10-43 through 10-51,
inclusive, of this chapter. As specified in Section 10-40,
the Board of Zoning Appeals has appellate jurisdiction relative to appeals
and variance.
(Ord. No. 78-7-17, §540, 1978)
Sec. 10-43 Appeals.
Appeals to the Board of Zoning Appeals concerning interpretation or administration
of this chapter may be taken by any persons aggrieved or by any officer
or bureau of the legislative authority of the town affected by any decision
of the zoning inspector. Such appeal shall be taken within twenty (20)
days after the decision by filing, with the zoning inspector and with
the Board of Zoning Appeals, a notice of appeal specifying the grounds
upon which the appeal is being taken. The zoning inspector shall transmit
to the Board of Zoning Appeals all the papers constituting the record
upon which the action appealed from was taken.
(Ord. No. 78-7-17, §541, 1978)
Sec. 10-44 Stay of Proceedings.
An appeal stays all proceedings in furtherance of action appealed from,
unless the zoning inspector from whom the appeal is taken certifies to
the Board of Zoning Appeals after the notice of appeal is filed with him
that by reason of facts stated in the application, a stay would, in his
opinion, cause imminent peril to life and property. In such case, proceeding
shall not be stayed other than by a restraining order which may be granted
by the Board of Zoning Appeals or by a court of record on application,
on notice to the zoning inspector from whom the appeal is taken or due
cause shown.
(Ord. No 78 7-17, §542, 1978)
Sec. 10-45 Variances.
The Board of Zoning Appeals may authorize upon appeal in specific cases
such variances from the terms of this chapter as will not be contrary
to the public interest where, owing to special conditions, a literal enforcement
of the provisions of this chapter would result in unnecessary hardship.
No non-conforming use of neighboring lands, structures, or buildings in
the same district and no permitted or non-conforming use of lands, structures,
or buildings in other districts shall be considered grounds for issuance
of a variance. Variances shall not be granted on the grounds of convenience
or profit, but only where strict application of the provisions of this
chapter would result in unnecessary hardship.
(Ord. No.78-7-17 , §543 ,1978)
Sec. 10-46 Application and Standards
for Variances.
A variance from the terms of this chapter shall not be Granted by the
Board of Zoning Appeals unless and until a written application for a variance
is submitted to the zoning inspector and the Board of Zoning Appeals containing:
1. Name, address, and phone number of applicants;
2. Legal description of property;
3. Description of nature of variance requested;
4. A narrative statement demonstrating that
the requested variance conforms to the following standards:
a. That special conditions and circumstances
exist which are peculiar to that land, structure, or building involved
and which are not applicable to other lands, structures, or buildings
in the same district;
b. That a literal interpretation of the provisions
of this chapter would deprive the applicant of rights commonly enjoyed
by other properties in the same district under the terms of this chapter.
c. That special conditions and circumstances
do not result from the actions of the applicant.
d. That granting the variance requested will
not confer on the applicant any special privilege that is denied by
this chapter to other lands, structures, or buildings.
A variance shall not be granted unless the Board makes specific findings
of fact based directly on the particular evidence presented to it, which
support conclusions that the standards and conditions imposed by Subsection
4 of this section have been met by the applicant.
(Ord. No. 78-7-17, §544,1978)
Sec. 10-47 Supplementary Conditions
and Safeguards.
Under no circumstances shall the Board of Zoning Appeals grant an appeals
or variance to allow a use not permissible under the terms of this chapter
in the district involved, or any use expressly or by implication prohibited
by the terms of this chapter in said district. In granting any appeal
or variance, the Board of Zoning Appeals may prescribe appropriate conditions
and safeguards, when made a part of the terms under which the appeal or
variance is granted, shall be deemed a violation of this chapter and punishable
under Section 10-20 of this chapter.
(Ord. No. 78-7-17, §545, 1978)
Sec. 10-48 Public Hearing by The
Board of Zoning Appeal.
The Board of Zoning Appeals shall hold a public hearing within forty-five
(45) days after the receipt of an application for an appeal or variance
from the zoning inspector or an applicant. However, the public hearing
shall not be held sooner than ten (10) days after its receipt.
(Ord. No. 78-7-17, §546, 1978)
Sec. 10-49 Notice of Public Hearing
in Newspaper.
Before holding the public hearing required in section 10-48,
notice of such hearing shall be given in one or more newspapers of general
circulation of the Town at least ten (10) days before the date of said
hearing. The notice shall set forth the time and place of the public hearing,
and the nature of the proposed appeal or variance.
(Ord. No. 78-7-17, §547, 1978)
Sec. 10-50 Action by Board of Zoning
Appeals.
Within thirty (30) days after the public hearing required in Section
10-48 the Board of Zoning Appeals shall either approve,
approve with supplementary conditions as specified in Section 10-47,
or disapprove the request for appeal or variance. The Board of Zoning
Appeals shall further make a finding that the reasons set forth in the
application justify the granting of the variance that will make possible
a reasonable use of the land, building, or structure. Appeals from Board
decisions shall be made in the manner specified in Section 10-41.
(Ord. No. 78-7-17, §548, 1978)
Sec. 10-51 Procedure and Requirements
for Approval of Special Exception Use.
Conditional uses shall conform to the procedures and requirements of
Section 10-52 through 10-58,
inclusive of this chapter.
(Ord. No. 78-7-17, §560, 1978)
Sec. 10-52 General.
It is recognized that an increasing number of new kinds of uses are appearing
daily, and that many of these and some other more conventional uses possess
characteristics of such unique and special nature relative to location,
design, size, method of operation, circulation, and public facilities
that each specific use must he considered individually. These specific
uses as they are conditionally permitted under the provisions of Article
9, shall follow the procedures and requirements set forth in Section
10-53 through 10-58.
(Ord. No. 78-7-17, §561, 1978)
Sec. 10-53 Contents of Application
for a Special Exception Permit.
An application for conditional use permit shall be filed with Chairman
of the Board of Zoning Appeals by at least one owner or lessee of property
for which such conditional use is proposed. At a minimum, the application
shall contain the following information:
1. Name, address and phone number of applicant;
2. Legal description of property;
3. Description of existing use;
4. Zoning district;
5. Description of proposed Special exception;
6. A plan of the proposed site for the Special
Exception showing the location of all buildings, parking and loading
area, traffic access and service areas, utilities, signs, yards, and.
such other information as the Board may require to determine if the
proposed conditional use meets the intent and requirements of this
chapter.
7. A narrative statement evaluating the effects
of such elements as noise, glare, odor, fumes, and vibration on adjoining
property; a discussion of the general compatibility with adjacent
and other properties in the district; and the relationship of the
proposed use to the comprehensive plan.
8. Such other information as may be required
by the Board.
(Ord. No. 78-7-17, §562, 1978)
Sec. 10-54 General Standards Applicable
to Special Exceptions.
The Board shall review the particular facts and circumstances of each
proposed use in terms of the following standards and shall find adequate
evidence showing that such use at the proposed location:
1. Is in fact a Special Exception as established
under the provisions of Article 8 of this chapter.
2. Will be harmonious with and in accordance
with the general objectives, or with any specific objectives of the
Town or county's comprehensive plan and/or the zoning chapter.
3. Will be designed, constructed, operated,
and maintained so as to be harmonious and appropriate in appearance
with the existing or intended character of the general vicinity and
that such use will not change the essential character of the same area;
4. Will not be hazardous or disturbing to existing
or future neighboring uses;
5. Will be served adequately by essential public
facilities and services such as highways, streets, police and fire protection,
drainage structures, refuse disposal, water and sewer, and schools;
or that the persons or agencies responsible or the establishment of
the proposed use shall be able to provide adequately any such services;
6. Will not create excessive additional requirements
at public cost for public facilities and services and will not be detrimental
to the economic welfare of the community;
7. Will not involve uses, activities, processes,
materials, equipment an conditions of operation that will be detrimental
to any persons, property, or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare, or odors or the danger
of explosion;
8. Will have vehicular approaches to the property
which shall be so designed as not to create an interference with traffic
on surrounding public thoroughfares;
9. Will not result in the destruction, loss
or damage of a natural, scenic, or historic feature of major importance.
(Ord. No. 78-7-17, §563, 1978)
Sec.10-55 Supplementary Conditions
and Safeguards.
In granting any conditional use, the Board may prescribe appropriate
conditions and safeguards in conformity with this chapter. Violations
of such conditions and safeguards, when made a part of the terms which
the conditions use is granted, shall be deemed a violation of this Ordinance
an punishable under Section 10-20 of this chapter.
(Ord. No. 78-7-17, §564, 1978)
Sec. 10-56 Notice of Public Hearing.
Upon receipt of the application for a conditional use permit
specified in Section 10-53, the board shall hold
a public hearing, publish notice in newspaper, and give written notice
to all parties in interest according to the same procedures specified
in Section 10-48 through 10-49.
(Ord. No. 78-7-17, §565, 1978)
Sec. 10-57 Action by The Board of
Zoning Appeals.
Within thirty (30) days after the public hearing required in Section
10-56, the Board shall either approve, approve with
supplementary conditions as specified in Section 10-56,
or disapprove the application as presented. If the application is approved
or approved with modifications, the Board shall direct the zoning inspector
to issue a special exception permit listing the specific conditions specified
by the Board for approval. If the application is disapproved by the Board
the applicant may seek relief through the Court of Common Appeals. Appeals
from Board decisions shall be made in the manner specified in Section
10-41.
(Ord. No. 78-7-17, §566, 1978)
Sec. 10-58 Expiration of Special
Exception Permit.
A special exception permit shall he deemed to authorize only one particular
conditional use and said special exception permit shall automatically
expire if for any reason, the conditional use shall cease for, more
than one (1) year.
(Ord. No. 78-7-17, §567, 1978)
Sec. 10-59 through 10-60 Reserved
Whenever the public necessity, convenience, general welfare, or good
zoning practices require, the Town Board may by ordinance after receipt
of recommendations thereof from the Planning Commission, and subject to
procedures provided by law, amend, supplement, change or repeal the regulations,
restrictions, and boundaries or classification of property.
(Ord. No. 78-7-17, §600, 1978)
Sec. 10-62 Initiation of Zoning
Amendments.
Amendments to this chapter may he initiated in one of the following ways:
1. By adoption of a motion by the Plan Commission;
2. By adoption of a resolution by the Town Board;
3. By the filing of a petition by at least fifty percent (50%) of the
owners of property within the area proposed to he changed or affected
by said amendment.
(Ord. No. 78-7-17, §6O1, 1978)
Sec. 10-63 Contents of Application.
Applications for amendments to the Official Zoning map adopted as part
of this chapter by Article 7 shall contain at
least the following information:
1. Name, address, and phone number of applicant;
2. Proposed amending ordinance, approved as to form by the Town legal
advisor or county prosecutor;
3. Present use;
4. Present zoning district;-
5. Proposed zoning district;
6. A vicinity map at scale approved by the zoning inspector showing
property lines, thoroughfares, existing and proposed zoning and such
other items as the zoning inspector may require;
7. A list of all property owners and their mailing addresses who are
within, contiguous to, or directly across the street from the parcel(s)
proposed to he rezoned and others that may have a substantial interest
in the case;
8. A statement on how the proposed amendment relates to the comprehensive
plan;
9. A fee is established by Town board according to Section 10-21.
Applications for amendments proposing to amend, supplement, change, or
repeal portion of this chapter other than the Official Zoning Map shall
include items (1), (2), and (9) listed above.
(Ord. No. 78-7-17, §602, 1978)
Sec. 10-64 Public Hearing By Plan
Commission.
The Plan Commission shall schedule a public hearing after a petition
is received. Said hearing shall he not less than twenty (10) nor more
than forty (40) days from the date of adoption of such motion, transmittal
of such resolution, or the filing of such application. Notices shall be
in the newspaper as described in Section 10-65.
(Ord. No. 78-7-17, §603, 1978)
Sec. 10-65 Notice of Public Hearing
in Newspaper.
Notice of public hearing required in Section 10-64
shall be given by Town Board by at least one (1) publication in one (1)
or more newspapers of general circulation in the Town affected. Said notice
shall be published at least ten (10) days before the date of the required
bearing. "be published notice shall conform to local procedures setting
forth the time and place of place of the public bearing and a summary
of the proposed amendment.
(Ord. No. 78-7-17, §604, 1978)
Sec. 10-66 Recommendation by Plan
Commission.
Within sixty (60) days from the receipt of the proposed amendment, the
Plan Commission shall transmit its recommendation to the Town Board. The
Plan Commission may recommend that the amendment be granted as requested
or it may recommend a modification of the amendment requested, or it may
recommend that the amendment be denied.
(Ord. No. 78-7-17, §605, 1978)
Sec. 10-67 Public Hearing by Town
Board.
Upon receipt of the recommendation from Town Board the Planning Commission
shall schedule a public hearing. Said hearing shall be not more than forty
(40) days from the receipt the recommendation from the Plan of the Commission.
(Ord. No. 78-7-17, §606, 1978)
Sec. 10-68 Action By Town Board.
Within thirty (30) days after the public hearing required by section
10-67, the Town Board shall either adopt or deny
the recommendation of the Plan Commission or adopt some modification thereof.
In the event the town Board denies or modifies the recommendation of the
Plan Commission, it must do so by not less than three-fourths of the full
membership of Town Board. No such ordinance shall be passed unless it
has been fully and distinctly read on three different days except that
such ordinance may become emergency legislation if three-fourths (3/4)
of the members of the Town Board vote to dispense with this rule.
(Ord. No. 78-7-17, §607, 1978)
Sec. 10-69 Annexation.
All land annexed to the Town subsequent to the adoption of this chapter
shall remain subject to the previous county or township zoning district
until such time as the Official Zoning Map is amended according to the
provisions of this Article.
(Ord. No. 78-7-17, §6O8, 1978)
Sec. 10-70 and 10-71 Reserved
Article 7 - Provisions for Official
Zoning Map
Insert Zoning Map Here
Sec. 10-72 Official Zoning Map.
The Town of Kentland is hereby divided into zones, or districts, as shown
on the Official Zoning Map, which together with all explanatory matter
thereon, is hereby adopted by reference and declared to be a part of this
chapter.
(Ord. No. 78-7-17, §7OO, 1978)
Sec. 10-73 Identification of The
Official Zoning Map.
The Official Zoning Map shall he identified by certification and bear
the seal of the town tinder the following words: "This is to certify
that this is the Official Zoning Map referred to in Article
7 of Ordinance Number 78-7-17 of the Town of Kentland, State of Indiana,"
together with the date of adoption of this chapter. Certification should
be by the signature of the President of the Town Board and attested by
the Town Clerk.
(Ord. No.78-7-17, §710, 1978)
Sec. 10-74 Maintenance of The Official
Zoning Map.
If, in accordance with the provisions of this chapter and amended for
towns, changes are made in district boundaries or other matters portrayed
on the Official Zoning Map, such changes shall be entered on the Official
Zoning Map promptly after the amendment has been approved by the Town
Board with an entry on the Official Zoning Map as follows:
On ___(date)___ by official action of the Town Board the following
changes were made on the Official Zoning Map: ___________ _________
which entry shall be signed by the zoning inspector or head of the Plan
Commission and attested by the Town Clerk. No changes of any nature
shall be made on the Official Zoning Map or matter shown thereon except
in conformity with the procedures set forth in this chapter. Any
unauthorized change of any kind by a person or persons shall be considered
a violation of this chapter and punishable as provided under Section 10-20
of this chapter.
(Ord. No. 78-7-17, §72O, 1978)
Sec. 10-75 Location of Official
Zoning Map.
Regardless of the existence of purported copies of the Official Zoning
map which from time to time may be published, the Official Zoning Map
shall be located in the office of the Town Clerk. It shall be the final
authority as to the current zoning status of land and water areas in the
town.
(Ord. No. 78-7-17, §73O, 1978)
Sec. 10-76 Rules for Interpretation
of District Boundaries.
Where uncertainty exists with respect to the boundaries of districts
as shown on the Official zoning Map, the following rules shall apply:
1. Boundaries indicated thoroughfares or highways,
alleys shall be construed to as approximately following the center
lines of street lines or highway right-of-way lines, or follow such
centerlines.
2. Boundaries indicated as approximately following
platted lot lines shall be construed as following such lot line.
3. Boundaries indicated as approximately following
city limits shall be construed as following such city limits.
4. Boundaries indicated as following railroad
lines shall be construed to the midway between the main tracks.
5. Boundaries indicated as approximately following
the centerlines of streams, rivers, canals, lakes or other bodies of
water shall be construed to follow such centerlines.
6. Boundaries indicated as approximately following
flood plain lines shall be construed to f6llow such contour lines.
7. Boundaries indicated as parallel to or extensions
of features indicated in Subsections 1 through 6 above shall be so controlled.
Distances not specifically indicated on the Official zoning Map
shall be determined by the scale of the map.
8. Where physical or cultural features existing
are at variance with those shown as the Official zoning Map, or in other
circumstances not covered by Subsections 1 through 6 above , the Board
of zoning Appeals shall interpret the boundaries.
9. Where a district boundary line divides a
lot which was in single ownership at the time of passage of this chapter,
the Board of Zoning Appeals may permit, as a special exception, the
extension of the regulations for either portion of the lot not to exceed
fifty (50) feet beyond the district line into the remaining portion
of the lot.
(Ord. No. 78-7-17, §740, 1978)
Sec. 10-77 and 10-78 Reserved
Article 8 - Establishment
of Districts & District Regulations
Sec. 10-79 Establishment of Districts.
For the purpose of promoting the public health, safety, convenience the
general welfare of the community as well as to carry out the other purposes
of this chapter, the Town of Kentland is hereby divided into the following
districts.
1: R-l Residential District
2: R-2 Re | 
