Title 3: ZONINGtc \l1 "Title 3: BOARD OF ZONING APPEALS
Article 1: GENERAL PROVISIONStc \l1 "Article 1: GENERAL PROVISIONS
1-100 Titletc \l1 "1-100 Title. This Ordinance shall be known and may be cited as the “Zoning Ordinance of the Town of New Whiteland, Indiana.”
1-200 Purposetc \l1 "1-200 Purpose. An Ordinance establishing a Zoning Ordinance for the Town of New Whiteland, Indiana and providing for the administration, enforcement, and amendment thereof in accordance with the provisions of I.C. 36-7-4 et. seq. and for the repeal of all ordinances in conflict herewith.
1-300 Declaration of Necessitytc \l1 "1-300 Declaration of Necessity. The Zoning Ordinance of New Whiteland, Indiana is deemed necessary by the Town Council in order:
To preserve, promote and protect the public health, safety comfort, morals, convenience and general welfare of the Town;
To provide for adequate light, air and privacy, to secure safety from fire, flood and other danger, and to prevent overcrowding of the land and undue congestion of population.
To protect the character and the social and economic stability of all parts of the Town and to encourage the orderly and beneficial development of all parts of the Town;
To protect and conserve the value of land throughout the Town and the value of buildings and improvements upon the land and to minimize the conflicts among the use of land and buildings;
To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools, parks, playgrounds, recreation and other public improvements and facilities;
To prevent the pollution of air, streams, and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the wise use and management of natural resources throughout the Town in order to preserve the integrity, stability and beauty of the community and the value of land;
To preserve the natural beauty and topography of the Town and to insure appropriate development with regard to these natural features.
1-400 Authoritytc \l1 "1-400 Authority. This Ordinance is adopted pursuant to I.C. 36-7-4 et. seq. as added by Public Law 309, Acts of 1981 of the General Assembly of Indiana, and all acts supplemental and amendatory thereto.
1-500 Compliancetc \l1 "1-500 Compliance. No structure shall be located, erected, constructed, reconstructed, moved, converted or enlarged; nor shall any structure or land be used or designed to be used except in full compliance with all provisions of this Ordinance and after lawful issuance of permits required by this Ordinance.
1-600 Severabilitytc \l1 "1-600 Severability. If any provision of this Ordinance or application of any provision to particular circumstances is held invalid, the remainder of the Ordinance or the application of such provision to other circumstances shall not be affected.
1-700 Applicationtc \l1 "1-700 Application. The provisions of this Ordinance shall be interpreted and applied as minimum requirements. Whenever the requirements of this ordinance are at variance or in any way conflict with other lawfully adopted rules, regulations, ordinances or restrictions, the most restrictive requirements, or the higher standards shall govern.
1-800 Repeal of Conflicting Ordinances, Effective Datetc \l1 "1-800 Repeal of Conflicting Ordinances, Effective Date. All previously enacted Zoning Ordinances of the Town of New Whiteland are hereby repealed. This Ordinance became effective on November 21, 1989.
Article 2: DEFINITIONStc \l1 "Article 2: DEFINITIONS
2-100 Application and Interpretationtc \l2 "2-100 Application and Interpretation. For the purpose of this Ordinance, certain numbers, abbreviations, terms, words, and phrases shall be used, interpreted and defined as set forth in this article. Whenever any words and phrases are not defined within this article but are defined in I.C. 36-7-4 et. seq. and in any acts supplemental or amendatory thereto, the State statutory definition shall be deemed to apply. The following words and phrases used herein shall be interpreted as follows:
a. The word “person”shall include an individual, firm, association, organization, partnership, trust, company, corporation, or any other legal entity.
b. The masculine shall include the feminine.
c. The present tense shall include the past and future tense.
d. The singular number shall include the plural and the plural shall include the singular.
e. The word “shall” is a mandatory requirement; the word “may” is a permissive requirement; and the word “should” is a preferred requirement.
f. The words “used” or “occupied” shall include the words “intended, arranged, or designed to be used or occupied”.
2-200 Words and Phrases Definedtc \l2 "2-200 Words and Phrases Defined. Certain words used in this Ordinance are defined below. Any words not defined in this Article shall be construed in their generally accepted meanings as defined in a recent edition of a dictionary of the English Language.
ACCESSORY BUILDING AND USE An “accessory building or use” is a structure or use which:
a. Is clearly incidental to and customarily found in connection with a principal building or use;
b. Is subordinate to and serves a principal building or a principal use;
c. Is subordinate in area, extent or purpose to the principal building or principal use served;
d. Contribute to the comfort, convenience or necessity of occupants, business or industry in the principal building or principal use served; and,
e. Is located on the same lot as the principal building or use served.
f. Where an accessory building is attached to a principal building by means of a wall or roof assembly, such accessory building shall be considered a part of the principal building.
ALLEY A minor right-of-way, dedicated to public use, which affords a secondary means of vehicular access to the back or side properties otherwise abutting a street, and which may be used for public utility purposes.
ALTERATION As applied to a building or structure, means any change or rearrangement in the structural parts or in the exit facilities; or an enlargement, whether by extending outward from a side or sides, or by increasing in height; or the moving from one location or position to another.
APARTMENT A building or portion thereof arranged, intended or designed to be occupied by three or more families living independently of each other.
APARTMENT, TOWNHOUSE An apartment building located on a lot either alone or together with similar apartment buildings, which does not exceed three and one-half (3 ½) stories and has private entrances to each dwelling unit.
AUTOMOBILE WASHING An activity conducted for the purpose of cleaning automobiles, whether performed automatically, semiautomatically, or manually.
AUTOMOBILE, TRAVEL TRAILER, OR MOBILE HOME SALES An open area other than a street used for the display, sale, or rental of new or used automobiles, travel trailers, or mobile homes. No repair work is done, except minor incidental repair of automobiles, travel trailers, or mobile homes to be displayed or sold on the premises.
AUTOMOBILE REPAIR The repair, rebuilding, or reconditioning of motor vehicles or parts thereof, including collision service, painting, and steam cleaning of vehicles.
BASEMENT That portion of a building or structure that is constructed either partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground.
BILLBOARD Any off-premises sign on a permanent structure on which the copy is periodically changed and which is not located on the premises to which such advertising copy pertains.
BLOCK A tract of land bounded by streets, or a combination of streets and public parks, cemeteries, railroad rights-of-way, waterways, or boundary lines of the town.
BOARD Shall mean the Board of Zoning Appeals of New Whiteland, Indiana.
BOARDING HOUSE Any dwelling in which more than three persons individually or as families are housed or lodged for hire with or without meals. A rooming house or a furnished room house shall be deemed a boarding house.
BUILDING Any structure designed or intended for the support, enclosure, shelter or protection of person, animals, chattels or property of any kind.
BUILDING, ACCESSORY See Accessory Building and Use.
BUILDING HEIGHT The vertical distance measured from the average level of the proposed or existing finished surface of ground adjacent to the exterior walls of the building to the highest point of the building.
BUILDING INSPECTOR The term Building Inspector shall be synonymous with the team Zoning Administrator, and shall refer to the person delegated the primary responsibility of issuing improvement location permits (building permits), conducting related inspections and issuing certificates of occupancy.
BUILDING PERMIT (IMPROVEMENT LOCATION PERMIT) A certificate issued by the Building Inspector permitting a person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure within the locality, or cause the same to be done.
BUILDING, PRINCIPAL A building in which is conducted the main or principal use of the lot on which the building is situated.
BUILDING, FRONT LINE OF A line extending across that portion or face of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed but does not include steps. If no building exists, the depth of the required front yard shall determine the front line of building.
BUILDING, SETBACK LINE The line, established by this ordinance, beyond which a building shall not extend unless varied according to the procedures in this ordinance. Also called a building line. Setback lines may be applicable to the front, side and/or rear yard.
BUSINESS, GENERAL Commercial uses which generally require locations on or near major arterial and/or their intersections, and which serve the daily needs of the neighborhood and also supply the more durable and permanent needs of the community.
BUSINESS, PROFESSIONAL, RETAIL OFFICE Quasi-commercial uses which may often be transitional between retail business and/or manufacturing and residential uses. Office business generally accommodates such occupations as administrative, executive, professional, accounting, clerical, and drafting.
BUSINESS SERVICES Any profit making activity which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in businesses and homes.
BUSINESS WHOLESALE Business establishments that generally sell commodities and materials in large quantities or by the piece to retailers, jobbers, other wholesale establishments, or manufacturing establishments. These commodities are basically for further resale, for use in the fabrication of a product, or for use by a business or service.
CARPORT, PORTABLE A detached manufactured accessory building customarily used for the shelter or storage of vehicles and/or watercraft, including canopies used for such, which can be easily moved without disassembly, after removal of any tie‑down or other anchoring provisions intended to compensate for wind displacement, and which is generally a frame covered by lightweight membrane material.
CEMETERY Land used for the burial of the dead and dedicated for other cemetery purposes, including crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery.
CERTIFICATE OF OCCUPANCY A certificate issued by the Building Inspector stating that the actions approved in the Building Permit (Improvement Location Permit) have been completed satisfactorily and that the occupancy and use of land or building referred to therein complies with the provisions of this ordinance.
CHILD CARE CENTER Any place, home or institution which receives four or more children under the ages of sixteen (16) years, and not of common parentage, for care apart from their natural parents, legal guardians, or custodians, for regular periods of time and for compensation.
CLINIC An establishment where patients who are not lodged overnight are admitted for examination and treated by physicians.
CLUB A building or portion thereof or premises owned or operated by a corporation, association, person, or persons, for a social, educational, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
COMMERCIAL ENTERTAINMENT FACILITIES Any activity conducted for economic gain which is generally related to the entertainment field, such as motion picture theater, carnivals, night clubs, and similar entertainment activities.
COMMERCIAL RECREATIONAL FACILITIES Any activity conducted for economic gain which is generally related to the recreational field, such as bowling alleys, roller skating rinks, miniature golf, golf driving ranges, and so on.
COMMISSION The Plan Commission of New Whiteland, Indiana.
COMPREHENSIVE PLAN A plan, or portion thereof, adopted by the Plan Commission and the governing body of the Town of New Whiteland, showing the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, parks, schools, transportation corridors, and other community facilities.
CONTIGUOUS Lands which have a boundary line or a portion of a boundary line in common or touching.
CONVALESCENT HOME See Nursing Home.
CORNER The point of intersection of any public road or easements which have been dedicated and accepted by a unit of government.
COVENANT A private legal restitution on the use of land contained in the deed to the property. Normally applied to all lots in any subdivision.
COVERAGE The lot area covered by all buildings located upon it, including the area covered by all overhanging roofs.
CUL-DE-SACS A minor street having only one means of ingress and egress and terminating in a tee or turn around.
DAY CARE CENTER AND OTHER PRESCHOOL FACILITIES A facility operated on a regular basis providing daytime care or instruction for four (4) or more children under seven (7) years of age, who are not related to the operators.
DENSITY A unit of measurement; the number of dwelling units per acre of land.
DENSITY GROSS The number of dwelling units per acre of the total land to be developed, including public right-of-way.
DENSITY, NET The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses, excluding public right-of-way and other public land.
DEVELOPMENT PLAN A drawing, including a legal or site description, of the real estate, which shows the location and size of all existing and proposed lots, buildings, structures, and yards; location and dimension of all building lines and easements; widths and lengths of all entrances and exits to and from said real estate; location of all adjacent or adjoining streets; all of which presents a unified arrangement of streets, lots, buildings, and public parking areas, all of which shall have a functional relationship to all real estate comprising the planned development and to the uses of properties immediately adjacent thereto.
DISTRICT A part of the Town of New Whiteland where in the restrictions of this ordinance are uniform.
DRIVEWAY A public or private access which provides ingress or egress to a property.
DWELLING Any building or portion thereof which is designed for residential purposes.
DWELLING, MULTIPLE FAMILY A residential building occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.
DWELLING, SINGLE FAMILY A detached residential dwelling unit other than a mobile home, occupied by only one family.
DWELLING, TWO FAMILY A detached residential building containing two dwelling units, designed for occupancy by two families with each unit having a separate entrance.
DWELLING UNIT One room, or rooms connected togther, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.
EASEMENT An authorization or grant by a property owner to a specific person or to the public to use land for specific purpose. The title to the land shall remain in the name of the property owner and shall be subject to the right of use designated in the easement.
FAMILY One (1) or more persons occupying a single dwelling unit, provided that unless all members are related by blood, marriage, or adoption, no such family shall contain over five persons.
FENCE A structure, including entrance and exit gates, designed and constructed for enclosure or screening.
FILLING STATION Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline or oil or other fuel at retail for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning, or otherwise cleaning or servicing such motor vehicles.
FLOOD: (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. 1971, 13-2-22 as amended by Public Law 123, Acts of 1973, defines flood as “the water of any river or stream in 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.” See I.C. - 1971 for additional definitions.
FLOOD CONTROL The prevention of floods, the control, regulation, diversion or confinement of flood water or 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 with.
FLOOD HAZARD AREA A floodplain, or portion thereof, which has not been adequately protected from floodwater by means of dikes, levees, reservoirs, or other works approved by the Indiana Natural Resources Commission.
FLOODPLAIN The relatively flat or low land adjoining the channel of a river or stream which has been or may be covered by flood water. The floodplain 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.
FLOODWAY FRINGE These portions of the flood hazard areas lying outside the floodway.
FLOOR AREA, GROSS The sum in square feet of the floor areas of all roofed portions of a building as measured from the interior walls. It includes the total of all space on all floors of a building. It also includes porches, attached garages, or space in a basement which is used for storage or other such incidental uses. The gross floor area is generally applied in residential use for determining minimum ground level floor area.
FLOOD AREA, NET The floor area of the specified use excluding stairs, washrooms, elevator shafts, storage spaces, display windows and so on. The net area is used in calculating parking requirements.
FLOOD AREA, USABLE LIVING The usable floor area is determined by subtracting from the gross floor area such areas as attached garages, unfinished basements or rooms, closets, stairways, etc. Usable living floor area is generally applied in residential use for determining minimum dwelling size for a given residential zoning district.
FLOOR AREA RATIO The gross floor area of the building divided by the area of the lot(s) on which the building is located.
FRONTAGE All the property on one side of a street between two intersecting streets, measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.
GARAGE, PARKING Any building, or portion thereof, used for storage of four or more automobiles in which any servicing which may be provided is incidental to the primary use for storage purposes, and where repair facilities are not provided.
GARAGE, PRIVATE An accessory building designed or used for the storage of motor vehicles owned and used by the occupants of the building to which the garage is an accessory.
GARAGE, PUBLIC Any garage other than a private garage, available to the public, operated for gain, and which is used of storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
GRADE, FINISHED The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.
GROUND FLOOR AREA The square foot area of a residential building within its largest outside dimensions computed on a horizontal plane at the first floor level, exclusive of open porches, breezeways, terraces, garages, exterior stairways and secondary stairways.
HOME FOR THE AGED A facility for the care of the aged with routine nursing and/or medical care and supervision provided. A home for the aged is different from a nursing home in that the clientele are restricted by age.
HOME OCCUPATION An occupation or profession for gain or support conducted only by members of a family residing on the premises, and conducted entirely within the principal building, provided that no article is sold or offered for sale. Said occupation shall be customary and traditional, incidental to the primary use of the premises as a residence, and not construed as a business, and be of a personal services or professional service nature. There shall be no outside storage or display. See Section 804 for operating rules and regulations for home occupations and Schedule of Uses section for permitted uses.
HOSPITAL An institution providing health services primarily for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central services facilities, and staff offices which are an integral part of the facilities.
HOTEL A building in which lodging or boarding are provided and offered to the public for compensation and in which ingress and egress to and from all rooms in made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contrast to a boarding house, a lodging house, or an apartment.
IMPROVEMENT LOCATION PERMIT (BUILDING PERMIT) A certificate issued by the Building Inspector permitting a person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure within the locality, or cause the same to be done.
INSTITUTION Building(s) and/or land designed to aid individuals in the need of mental, therapeutic, rehabilitative, counseling, or other correctional services.
JUNKYARD, INCLUDING AUTOMOBILE WRECKING Any place at which personal property may be salvaged for reuse, resale, or reduction or similar disposition.
KENNEL Any lot or premises on which three (3) or more dogs (except litters of animals nor more than 6 months of age) are kept, raised, bred, cared for, or boarded for commercial or non-commercial purposes.
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 space shall be located totally outside of any street or alley right-of-way. See Section 806.2 for loading space requirements.
LOT 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 are 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 a lot of record;
c. A combination of complete lots of record, or of complete lots of record and portions of lots of records, or of portions of lots of records.
d. A parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this ordinance.
LOT AREA The area of any lot exclusive of street, highway, alley, road, or other right-of-way. Easements are considered to be part of the Lot Area.
LOT, CORNER A parcel of land at the junction of and bounded by two or more intersecting streets.
LOT COVERAGE The ratio of ground floor area of all buildings on a lot to the horizontally projected area of the lot. See Floor Area Ratio.
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 On an interior lot, the line separating the lot from the street. On a corner or through lot, the line separating the lot from either street.
LOT LINE, REAR The lot line opposite the front lot line. On a lot pointed at the rear, the rear line shall be an imaginary line between the side lot lines parallel to the front lot line, not less than ten (10) feet long, lying farthest from the front lot line. On a corner lot, the rear lot line shall be opposite the side of the house containing the main entrance to the structure. If a corner lot contains multiple family dwelling units having entrances on each of the intersecting streets, the rear lot line shall be the interior lot line with the larger dimension.
LOT LINE, SIDE Any lot line other than a front line or rear lot line.
LOT, MEASUREMENT OF A lot shall be measured as follows:
a. Depth - the horizontal distance between the mid-points of straight lines connecting the foremost points of the side lot lines in the rear.
b. Width - the horizontal distance between the side lot lines, measured at the building setback line.
LOT OF RECORD A lot which is part of a subdivision or a lot or a parcel described by metes and bounds, the descriptions of which have been recorded in the office of the County Recorder.
LOT TYPES Terminology used in this ordinance 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 only one frontage on a street.
c. Through Lot - a lot other than a corner to with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.
d. Reverse 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 HOME A dwelling unit fabricated on or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with the Federal Manufacturing Housing Construction and Safety Standards Code or Indiana Public Law 360, Acts of 1971, as promulgated by the Indiana Administrative Building Council.
MANUFACTURING, HEAVY Manufacturing, processing, assembling, storing, testing, and similar industrial uses which are generally major operations and extensive in character; require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation; and normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution, and water pollution, but not beyond district boundary.
MOBILE HOME A transportable structure large than three hundred and twenty (320) square feet, designed to be used as a year-round residential dwelling, and built prior to the enactment of the Federal Mobile Home Construction and Safety Act of 1974, which became effective for all mobile home construction June 15, 1976.
MANUFACTURED OR MOBILE HOME COMMUNITY (PARK) A parcel of land platted for subdivision upon which five (5) or more manufactured or mobile homes are harbored fro the purpose of being occupied as principal residences and includes all real and personal property used in the operation of the manufactured or mobile home park. An area of land that is subdivided in accordance with all requirements of this ordinance, designed or intended for lots to be conveyed by deed, lease or to be otherwise contracted for to individual owners is a manufactured or mobile home park if five (5) or more manufactured or mobile homes are harbored there for residential occupancy.
MOTOR HOME A self-propelled vehicle containing living accommodations, used for recreational purposes.
NONCONFORMING USE A building, structure, or use of land existing at the time of enactment of this ordinance, which does not conform to the regulations of the district in which it is situated.
NURSING HOME AND CONVALESCENT FACILITIES A private home, institution, building, residence or other place, whether operated for profit or not, including those places operated by units of government, which undertakes through its ownership or management to provide for a period exceeding twenty-four (24) hours, maintenance, personal care, or nursing for three (3) or more persons not related by blood or marriage to the operator who by reason of illness, physical infirmity, or advanced age, are unable to care for themselves.
OCCUPIED SPACE The total area of earth horizontally covered by the structure, excluding accessory structures, such as, but not limited to, garages, patios and porches.
OPEN SPACE A public or private outdoor area expressly set aside for the use and benefit of many unrelated people. The area may include along with natural environment features, swimming pools, tennis courts, and outdoor recreational facilities that the Plan Commission deems permissive. Streets, parking areas, structures for habitation and the like shall not be included in the open space area calculations.
ORDINANCE Any legislative action, however denominated, of local government which has the force of law, including the amendment of repeal of any ordinance.
PARKING LOT, OFF-STREET An area which is adequate for parking sufficient automobiles to meet the optimum need of each appropriate land use, together with properly related access to a public street or alley and maneuvering room, and located totally off of a public right-of-way. Required off-street parking areas for three or more automobiles shall have individual spaces marked. As a rule of thumb, the area provided for an off-street parking lot should be at least one and one half times the space required for the number of parking spaces anticipated.
PARKING SPACE OR STALL The area required for parking one automobile, with its attendant maneuvering room. The area required for a parked car should be ten (10) feet wide and twenty-two (22) feet long; however, parking spaces which are designed for the exclusive use of compact or subcompact cars, the space may be designed appropriately smaller.
PERSONAL SERVICES Any enterprise conducted for profit which primarily offers services to the general public, such as barber shops, beauty parlors, day care centers and so on.
PLANNED UNIT DEVELOPMENT (PUD) An area of land in which a variety of residential, commercial, and/or industrial uses are planned and developed as a whole according to comprehensive and detailed plans, with more flexible standards, such as lot sizes, uses, and setbacks, than those restrictions that would normally apply under these regulations.
PORTABLE CARPORT See definition for “Carport, Portable”.
PREMISES One or more lots which are in the same ownership and are contiguous, or separated only by a right-of-way or water body, including all buildings, structures, and improvements.
PRINCIPAL USES 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 provided by health practitioners, lawyers, architects, engineers, and similar professions.
PROHIBITED USE A use indicated as prohibited for a certain district in the Schedule of Uses shall not be allowed to locate in the said district except as specified under nonconformities. A “use” variance cannot be used to legalize the conversation to or erection of a prohibited use.
PUBLIC UTILITY Any person, firm, or corporation duly authorized to furnish electricity, gas, steam, telephone, telegraph, water, or sewage systems to the public under public regulation.
RECORDING SECRETARY For the purposes of this ordinance the Recording Secretary shall be the person employed and delegated the responsibility of recording and writing minutes and transcripts of the proceedings of the Plan Commission and/or Board of Zoning Appeals.
RECREATIONAL VEHICLE A vehicle primarily designed as temporary living quarters for recreation, camping, or travel, either with its own motor power or mounted on or towed by another powered vehicle.
RECREATION CAMPGROUND An area of land on which (2) or more recreational vehicles including campers, tents, or other similar temporary recreational structures are regularly accommodated with or without charge, including any building, structure, or fixture of equipment that is used in connection with providing such accommodations.
REPLACEMENT COST The sum of money which would be required to re-erect a structure identical to the one in question.
RESEARCH ACTIVITIES Research, development, and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation, and engineering. All research, testing, and development shall be carried on within entirely enclosed buildings, and no noise, smoke, glare, vibration, or odor shall be detected outside of the building.
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) A dwelling or part thereof, other than a motel, hotel, or restaurant, where lodging is provided for compensation, for three (3) or more unrelated persons.
SCREENING A structure erected or vegetation planted which eventually is of sufficient height and density for concealing an area from view.
SEAT For purpose of determining the number of off-street parking spaces for certain use, the number of seating units installed or indicated or each twenty-four (24) lineal inches of benches, pews, or space for loose chairs.
SETBACK A required open area unoccupied and unobstructed by any structure, or any projection except as specifically provided for in this ordinance.
SETBACK, FRONT A setback extending across the front of a lot, being the required minimum horizontal distance between the front lot line and front of the buildings.
SETBACK, REAR A setback extending across the rear of a lot, being the required minimum horizontal distance between the rear property line and the rear of the building.
SETBACK, SIDE A setback between any structure and the side lot line extending from the required front setback to the required rear setback and being the minimum horizontal distance between a side lot line and the rear of the building.
SIDEWALK That portion of the road right-of-way which is improved for the use of the 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 regulations are set out in Section 810 of this ordinance. [Editor’s note: Section 810 is now 7-1400 et. seq.]
SPECIAL EXCEPTIONS A use that is not listed as a permitted use in the particular district under this ordinance but which may be compatible with such permitted uses and may promote the realization of the purposes of this ordinance if such special exception uses are restricted as to number and location in the district and to such other conditions as may be required by the Board of Zoning Appeals. Special Exceptions permitted in each district are listed in the Official Schedule of Uses.
STATE The State of Indiana
STREET A dedicated public right-of-way, other than an alley, intended for vehicular traffic, including expressways, primary and secondary arterials, parkways, collector streets, primary thoroughfares, local streets, cul-de-sacs, marginal access streets, roads, lanes, and other public ways, further defined as follows:
a. Expressways, Arterial Highway, or Primary Thoroughfares - Major streets and highways used primarily for through traffic, or fast or heavy traffic, generally including U.S. and/or state routes.
b. Secondary Thoroughfares - Streets or roads designed, planned, and intended to serve as collectors and distributors of through vehicular traffic in conformance with the New Whiteland Comprehensive Plan.
c. Collector Streets - Streets designed, planned, and intended to carry intermediate traffic volumes within residential areas and from minor streets to secondary, primary, and arterial streets.
d. Local Streets - Streets designed, planned, and intended to carry intermediate traffic volumes within residential areas to secondary, major, and arterial streets.
e. Marginal Access Streets - Minor streets which are parallel to and adjacent to arterial streets and highways, and which provide access to abutting properties and protection from through traffic.
f. Cul-de-sacs - Short streets having one end open to traffic, the other end being permanently terminated by a vehicular turn-around.
STORY The 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.
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, fences, and signs, portable carports, and sheds (whether the shed is anchored or not anchored to the ground).
SUBDIVISION The division of any parcel of land shown as a unit, as part of a unit or as contiguous units, on the last preceding transfer of ownership thereof, into two or more parcels or lots, for the purpose, whether immediate or future, of transfer of ownership or building development, provided however, that the division of land into parcels of more than three (3) acres, not involving any new streets or easements of access, and the transfer or exchange of parcels between adjoining land owners, if such transfer or exchange does not create additional building lots, shall not constitute a subdivision for purposes of this ordinance.
SUBDIVISION REGULATIONS The applicable requirements, standards and specifications imposed by the Subdivision Control Ordinance as enacted by the governing body of the Town of New Whiteland, Indiana.
SWIMMING POOL A pool, pond, lake, or open tank containing at least eighteen (18) inches of water at any point and maintained by the owner or manager.
SWIMMING POOL, PRIVATE A swimming pool used exclusively without paying an additional charge for admission, by the residents and guests of a single household, a multiple family development, a community, the members and guests of a club, or the patrons of a motel or hotel; and accessory use.
TEMPORARY PERMITS The Plan Commission may authorize by written permit in any zoning district for a period of not more than one (1) year from the date of such permit, a temporary building which is incidental and necessary for the sale, rental, lease construction or reconstruction of real property on premises in the zoning districts, or as otherwise provided in Section 3-405 of this ordinance.
THOROUGHFARE PLAN The portion of the Comprehensive Plan indicating the general location recommended for arterial, collector, and local streets and roads within the appropriate jurisdiction.
TOWN COUNCIL The Town Council of New Whiteland, Indiana.
TRAVEL TRAILER A vehicle or other portable structure less than thirty-five (35) feet in length designed to move on the highway, not under its own power, and designed as a recreational dwelling.
USE The specific purposes for which land or a building is designated, arranged, intended, or for which it is occupied or maintained.
VARIANCE A modification of the strict terms of the relevant regulations of this ordinance where such modifications will not be contrary to the public interest, and where, owning to conditions peculiar to property and not the result of the action of the applicant, a literal enforcement of this ordinance 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 animals which are in need of medical or surgical attention. It may also include overnight accommodations on the premises for treatment, observation, and/or recuperation and boarding that is incidental to the principal activity or use.
WALKWAY A public way, four (4) or more feet in width, for pedestrian use only, whether along the side of a street or not.
YARD An open area on a lot, other than a court, unoccupied and unobstructed from the ground upward, except as otherwise provided in this ordinance.
YARD, FRONT An open unoccupied area extending the full width of the lot and situated between the front [lot] line and the front line of the building projected to the side lines of the lot. Covered porches whether enclosed or unenclosed, shall be considered as part of the building and shall not project into a required front yard. On corner lots, the front yard shall be determined by the location of the main entrance of the structure.
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 of the building to the rear line of the building.
ZONING A police power measure, enacted by the governing body of local governments, which the community is divided into districts or zones within which permitted and special uses are established as are regulations governing lot size, building bulk, placement, and other development standards. Requirements vary from district to district, but they must be uniform within districts.
ZONING BOARD The Board of Zoning Appeals of New Whiteland, Indiana.
Article 3 ADMINISTRATION & ENFORCEMENTtc \l1 "Article 3 ADMINISTRATION & ENFORCEMENT
3-100 Office Of Plan Commissiontc \l2 "3-100 Office Of Plan Commission. The Plan Commission shall consist of seven (7) members appointed as follows:
a. The Town Council shall appoint three (3) persons in the municipal government as members of the Plan Commission.
b. The Town Council shall appoint four (4) citizen members who are not elected or appointed members of the municipal government, of whom no more than two (2) may be of the same political party.
3-101 Term of Appointmentstc \l2 "3-101 Term of Appointments. Each new appointment to the Plan Commission shall be made for a term of four (4) years.
a. The term of each member shall expire on the first Monday of January of the fourth year after the year of the member’s appointment. A member service until his successor is appointed and qualified. A member is eligible for reappointment.
b. If a vacancy occurs among the members of the Plan Commission, the Town Council shall appoint a member for the unexpired term of the vacating member. In addition, the Town Council may appoint an alternate member to participate with the Plan Commission in any hearing or decision in which the regular member has a disqualification under subsection 4 of this section.
c. A member of the Plan Commission who misses three (3) consecutive regular meetings of the Commission shall be treated as if he had resigned. The secretary shall give written notification to the Town Council within seven (7) days following the third consecutive absence of any Commission member. The Town Council shall remove the absent member and appoint a replacement to complete the unexpired term of the absent member.
3-102 Conflicttc \l2 "3-102 Conflict. A member of the Plan Commission may not participate in a hearing or decision of the board concerning a zoning matter in which he or she has a direct or indirect financial interest. For the purpose of this article the term “zoning matter” does not include the preparation or adoption of a comprehensive plan. The Plan Commission shall enter in its records:
a. The fact that a regular member has such a disqualification; and,
b. The name of the alternate member, if any, who participated in the hearing or decision in place of the regular member.
3-103 Proceedings of the Plan Commissiontc \l1 "3-103 Proceedings of the Plan Commission. The Plan Commission shall adopt rules necessary for the conduct of its affairs in keeping with the provisions of this ordinance.
a. At the first meeting of each year the Commission shall elect a Chairman and a Vice-Chairman from its members.
b. Meetings shall be held at the call of the Chairman or at other times which the Commission deems necessary.
c. All meetings shall be open to the public.
d. The Commission shall keep minutes of its proceedings showing the vote of each member for each question, or if absent or failing to vote indicating such.
e. The Commission shall also 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 Plan Commission.
3-104 Duties of the Plan Commissiontc \l2 "3-104 Duties of the Plan Commission. For the purposes of the ordinance the Plan Commission shall have the following duties:
a. To initiate proposed amendments to this ordinance.
b. To review all proposed amendments to this ordinance and make recommendations to the Town Council.
c. To review and make findings on development plans for subdivisions, commercial structures, industrial structures, planned unit developments and other similar plans for all proposed developments within the Commission’s jurisdiction.
d. To review and revise the zoning ordinance, subdivision regulations, and other land use regulations to keep them up-to-date.
e. Render interpretation of this ordinance as may be necessary from time to time.
3-200 Board Of Zoning Appealstc \l2 "3-200 Board Of Zoning Appeals. As part of this ordinance, a Board of Zoning Appeals is hereby re-established and shall consist of five (5) members, appointed as follows:
a. Four (4) citizen members appointed by the Town Council of whom one (1) must be a member of the Plan Commission and three (3) must not be members of the Plan Commission.
b. One (1) citizen member appointed by the Plan Commission, who must be a member of the Plan Commission other than the member appointed under subdivision a., above.
3-201 Qualifications of Memberstc \l2 "3-201 Qualifications of Members. The members appointed to the Board of Zoning appeals must have the following qualifications:
a. A member must be a town resident.
b. No member may hold other elective or appointed offices in the town government.
3-202 Term of Appointmentstc \l2 "3-202 Term of Appointments. Each new appointment to the Board of Zoning Appeals shall be made for a term of four (4) years.
a. The term of each member shall expire on the first Monday of January of the fourth year after the year of the member’s appointment. A member serves until his successor is appointed and qualified. A member is eligible for reappointment.
b. If a vacancy occurs among the members of the Board of Zoning Appeals, the appointing authority (Town Council or Plan Commission) that had appointed the vacating member shall appoint a member for the unexpired term of the vacating member. In addition, the appointing authority may appoint an alternate member to participate with the board in any hearing or decision in which the regular member it has appointed has a disqualification under paragraph 3-203 of this Article.
c. A member of the Board of Zoning Appeals who misses three (3) consecutive regular meetings of the Board shall be treated as if he had resigned.
3-203 Conflicttc \l2 "3-203 Conflict. A member of the Board of Zoning Appeals may not participate in a hearing or decision of the board concerning a zoning matter in which he has a direct or indirect financial interest. The Board shall enter in its records:
a. The fact that a regular member has such a disqualification; and
b. The name of the alternate member, if any, who participates in the hearing or decision in place of the regular member.
3-204 Proceedings of the Board of Zoning Appealstc \l2 "3-204 Proceedings 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 ordinance.
a. At the first meeting of each year the Board shall elect a Chairman and Vice-Chairman from its members.
b. Meetings shall be at the call of the Chairman and at other times as the Board may determine.
c. The Chairman or in his absence, the Vice-Chairman, may administer oaths and compel the attendance of witnesses.
d. All meetings shall be open to the public.
e. The board shall keep minutes of its proceedings, showing the vote of each member, or if absent or failing to vote.
f. The Board shall keep record of its examinations or other and other official actions, all of which shall be public record and be immediately filed in the office of the Recording Secretary.
g. A majority of Board Members shall constitute a quorum.
h. The concurring vote of three members of the Board shall be necessary to decide in favor of the applicant any matter upon which said Board is required to pass under the provisions of this ordinance.
3-205 Duties of the Board of Zoning Appealstc \l2 "3-205 Duties of the Board of Zoning Appeals. For the purpose of this ordinance the Board of Zoning Appeals has the following specific duties:
a. To hear and to determine appeals from and review any decision or determination made by the Zoning Administrator.
b. To hear and to determine special exceptions to the terms of this ordinance.
c. To authorize variances from the zoning ordinance in cases where a literal enforcement of the ordinance would result in undue hardship, provided that the public interest is not injured by granting the variance.
3-300 Office Of The Zoning Administratortc \l2 "3-300 Office Of The Zoning Administrator. A Zoning Administrator employed and designated by the Plan Commission shall administer and enforce this ordinance. For the purpose of this ordinance the term Zoning Administrator shall be synonymous with the term Building Inspector. He may be provided with the assistance of other persons as the Town Council directs.
3-301 Duties of the Zoning Administratortc \l2 "3-301 Duties of the Zoning Administrator. For the purpose of this ordinance, the Zoning Administrator shall have the following duties:
a. To issue Improvement Location Permits, conduct inspections to assure compliance with this ordinance and issue Certificates of Occupancy.
b. To notify in writing persons responsible for violations of assure compliance with this ordinance and order the action necessary to correct such violations.
c. To order discontinuance of illegal uses of land, buildings, or structures.
d. To order removal of illegal buildings, structures, or illegal additions or alterations.
e. To order discontinuance of any illegal work being done.
f. To assume responsibilities as the Plan Commission directs.
g. To take any other action authorized by this ordinance to ensure compliance with or to prevent violations of this ordinance.
3-400 Improvement Location Permits (Building Permitstc \l2 "3-400 Improvement Location Permits (Building Permits). No building or structures shall be erected, moved, enlarged, be established or changed in use without an improvement location permit issued by the Plan Commission or its designated representative. Building permits shall be issued in conformance with this Ordinance unless a written order is received from the Plan Commission, Board of Zoning Appeals or Court directing the issuance of a permit not in conformance with this ordinance.
The Town of New Whiteland requires that an improvement location permit (building permit) be obtained for the following specific projects:
a. Single-family and two family residential dwellings;
b. Residential storage shed (maximum 140 square feet);
c. Detached residential buildings (over 140 square feet);
d. Residential garages, carports, portable carports (except portable carports located, or to be located, on the premises for less than 72 hours during any thirty day period), and/or additions;
e. Temporary structures;
f. Signs;
g. Swimming pools;
h. Fences over 42 inches high;
i. Demolition;
j. New buildings;
k. Alterations, modification or remodeling;
l. Structures other than buildings;
m. Drainage work (land alteration);
n. Street cuts;
o. Curb cuts;
p. Storm sewer hook-ons;
q. Driveways;
No improvement location permit (building permit) shall be required for ordinary repair and maintenance where the total cost of materials and labor does not exceed five hundred dollars ($500.00) and the work does not include a potential health or safety hazard or expand the scope of any existing use.
(Editor’s Note: Amended by Ord. 1088 adopted on 09/07/2004)
3-401 Application For Permittc \l2 "3-401 Application For Permit. Applications for improvement location permits (building permits) shall be made on forms provided by the New Whiteland Plan Commission. Each application shall be accompanied by two (2) copies of a plot plan which is drawn to scale and shows clearly and completely:
a. the location, dimensions and nature of the property;
b. the location and dimensions of any existing or proposed structure;
c. all adjoining streets and any existing or proposed access to these streets;
d. the existing and proposed uses of all structures and land;
e. the location and type of sewerage system, water system and drainage facilities;
f. estimated cost of construction; and,
g. such other information as may be necessary to determine conformance with this ordinance.
3-402 Feestc \l2 "3-402 Fees. Fees shall be charged for all applications for permits or petitions in accordance with the fee schedule adopted by the New Whiteland Plan Commission and Town Council. Until all applicable fees, charges, and expenses have been paid in full, no final action shall be taken on any permit application, appeal or petition. No fee shall be required for appealing a decision of the Zoning Administrator.
(Editor’s Note: Amended by Ord. 994 adopted on 3/03/99)
3-403 Approval of Permitstc \l2 "3-403 Approval of Permits. Within thirty (30) days after receipt of the application, the Zoning Administrator shall either approve or disapprove the application. One set of plans shall be returned to the applicant, marked approved or disapproved. If the application is disapproved, the reasons for the disapproval shall be stated in writing. All commercial and industrial projects shall be submitted to the Technical Committee for review prior to receiving an improvement location permit. At the option of the Technical Committee:
a. additional data may be required; and/or,
b. the Technical Committee may elect to forward the application to the Plan Commission.
3-404 Certificate of Occupancytc \l2 "3-404 Certificate of Occupancy. It is unlawful to use or occupy any building or premises without a certificate of occupancy. An application for an improvement location permit shall without an additional fee, include and be deemed an application for a certificate of occupancy. A certificate of occupancy shall be obtained before any person may:
a. occupy or use any vacant land;
b. occupy or use any structure hereafter constructed, reconstructed, moved, enlarged or structurally altered;
c. change the use of a structure or land to a different use; or,
d. renew, change, or extend, a non-conforming use.
3-405 Temporary Occupancy Permittc \l2 "3-405 Temporary Occupancy Permit. Pending the issuance of a permanent certificate of occupancy, a temporary occupancy permit may be issued by the building inspector for a period of not more than six (6) months. Such temporary certificate shall not be construed in any way to alter the respective rights, duties or occupancy of the land or building or any other matter covered by this ordinance. The temporary occupancy permit shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.
3-406 Expiration of the Permittc \l2 "3-406 Expiration of the Permit. If work has not commenced within 90 days after the date of is