These regulations shall hereafter be referred to as the “City of Lebanon, Indiana Unified Development Ordinance,” and it may be cited and referred to as the “zoning ordinance,” “subdivision control ordinance,” “unified development ordinance,” “UDO” or “ordinance.” Combining the zoning ordinance and the subdivision control ordinance into this unified development ordinance reduces redundancy and increases efficiency in the application of laws applied to land development in the city.
(Ord. 07-16, passed 12-10-2007)
The purpose of this unified development ordinance is to regulate the use and development of land within the jurisdiction of the city. It is intended to promote the public health, safety and general welfare, and more specifically to:
(A) Guide future growth and development in accordance with the city comprehensive plan and center township thoroughfare plan;
(B) Divide its jurisdictional area into districts of a kind, character, number, shape and area as may be considered necessary;
(C) Limit the height, area, bulk and use of structures erected;
(D) Determine the use and intensity of use of land and lot areas;
(E) Determine the area of front, rear and side yards, courts and other open spaces about those buildings;
(F) Provide adequate light and air;
(G) Prevent the overcrowding of land and avoid undue concentration of population;
(H) Facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements;
(I) Avoid scattered and uncontrolled development of land that would result in excessive expenditure of public funds for the supply of community services;
(J) Protect the historic and architectural heritage of the city’s central business district (downtown);
(K) Provide for performance standards for the emission of pollutants into the air, water and ground; and
(L) Protect the natural resources of the city.
(Ord. 07-16, passed 12-10-2007)
In their interpretation and application, the provisions of this ordinance shall be minimum requirements adopted for the promotion of the public health, safety, morals, convenience, order, prosperity and general welfare.
(A) Conflicting requirements. If two or more provisions within this ordinance are in conflict or are inconsistent with one another, the provision which is most restrictive shall control.
(B) Overlapping regulations. When this ordinance along with private covenants, private contracts, commitments, permits, agreements, state laws, federal laws or other regulations applies to a structure or parcel of land, the greater restriction shall control. In no instance shall this ordinance be interpreted as altering or negating any other applicable regulations.
(Ord. 07-16, passed 12-10-2007)
(A) All buildings erected hereafter, all uses of land or buildings established hereafter, all structural alterations, remodels, renovations, changes in required exterior material, changes in site or site flow, and relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing conforming uses exceeding 30% of the existing site or structure occurring hereafter as determined by the Administrator shall be subject to all the regulations of this unified development ordinance as they apply to the zoning districts in which those buildings or uses of land shall be located. Interior alterations or remodeling is exempt from this ordinance, but is subject to the standards of the City Building Code.
(B) This ordinance shall not be construed as abating any action now pending under, or by virtue of, the prior existing zoning ordinance; or as discontinuing, abating, modifying or altering any penalty accruing or about to accrue; or as affecting the liability of any person, firm or corporation; or as waiving any right of the city under any section or provision existing at the time of the effective date of this ordinance; or as vacating or annulling any rights obtained by any person, firm or corporation, by lawful action of the city, except as shall be expressly provided for in this ordinance.
(Ord. 07-16, passed 12-10-2007)
Any application that has been filed with the Plan Commission or its designees and is full and complete, prior to the effective date of this unified development ordinance, shall be regulated by the terms and conditions of the zoning ordinance that was in place at the time of filing. However, all administrative procedures and fees shall follow those set forth by this unified development ordinance and any fee ordinance, as amended.
(Ord. 07-16, passed 12-10-2007)
(A) Structure. The structure of the text of this ordinance is as follows: Chapter (indicated by 1, and the like), section (indicated by § 1.1 and the like) and subsequent subsections (indicated by (A), (1), (a) and the like). Below is an example of this format:
(B) Applicable districts. Zoning district designations are located in various places throughout the document. If one of these identifiers appears within a section, then that section will apply to the corresponding zoning district. A complete list of the identifiers can be found at the beginning of Chapter 4: Zoning Districts. Examples of district identifiers follow:
(C) Defined words. Words used in a special sense in this unified development ordinance are defined in Chapter 11: Definitions. All other words shall have the meaning inferred from their context in this ordinance or their ordinarily accepted definitions.
(D) Meanings. The following rules of construction shall apply to the text of this ordinance.
(1) The particular and specific provisions of this ordinance shall supersede any general requirements that are established by it.
(2) The words
SHALL, MUST and WILL are always mandatory and not discretionary. The words MAY and SHOULD are permissive.
(3) Words used in the present tense include the future; and words used in the singular number include the plural; and the plural includes the singular; words of the masculine gender will include the feminine and the neuter gender will refer to any gender as required, unless the context plainly indicates the contrary.
(4) The phrase
USED FOR includes ARRANGED FOR, DESIGNED FOR, INTENDED FOR, MAINTAINED FOR or OCCUPIED FOR.
(5) The word
PERSON includes an individual, a corporation, a partnership, an incorporated association or any other similar entity.
(6) Unless it is plainly evident from the context that a different meaning is intended, a regulation which involves two or more items, conditions, provisions or events connected by the conjunction
AND, OR or EITHER/OR, the use of the conjunction is defined as follows:
(a) AND means that all the connected items, conditions, provisions and events apply together and not separately;
(b) OR means that the connected items, conditions, provisions or events apply separately or in any combination; and
(c) EITHER/OR means that the connected items, conditions, provisions or events shall apply separately but not in combination.
(7) The word
INCLUDES does not limit a term to the specified examples, but is intended to extend the term’s meaning to all other instances or circumstances of like kind or character.
(8) The word
CITY means Lebanon, Indiana, and the word STATE means the State of Indiana.
(Ord. 07-16, passed 12-10-2007)
Cross-reference:
Zoning Districts, see Title XV, Chapter 4
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