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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
(A) As part of the unified development ordinance.
(1) The boundaries of the zoning districts are hereby established on a map entitled: “Official Zoning Map: Lebanon, Indiana” adopted December 10, 2007, which accompanies and is hereby incorporated in and made a part of this ordinance. Notations, references, indications and other matters shown on the zoning map are as much a part of this ordinance as if they were fully described herein.
(2) The official zoning map shall be maintained in electronic form, and depicted in various formats and scales as appropriate to the need. The Administrator shall be the custodian of the official zoning map.
(B) Verification. The official zoning map shall be identified by the signature of the Mayor attested by the Clerk-Treasurer, and bearing the seal of the city under the following words:
“This is to certify that this is the official zoning map referred to in the Lebanon unified development ordinance.”
(C) Future map entries.
(1) If, in accordance with the provisions of this ordinance, changes are made in district boundaries or other matter portrayed on the official zoning map, these changes shall be entered on the map promptly after the amendment has been approved by the Council, with an entry on the official zoning map as follows:
“On (date) by official action of the Council, the following changes were made in the official zoning map: (brief description of the nature of the changes).”
(2) No amendment to this chapter which involves matter portrayed on the official zoning map shall become effective until after the change and entry has been made on the map.
(D) Changes. No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this ordinance and punishable as provided under Chapter 10: Enforcement and Penalties of this ordinance.
(E) Location of zoning map. Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map, which shall be located in the office of the Planning and Building Department, shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the city.
(F) Damaged/lost or destroyed map. In the event the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the Council may direct the Plan Commission to prepare a new official zoning map which shall supersede the prior map upon approval by the Common Council. The new official zoning map may correct drafting or other errors or omissions in the prior map, but no correction shall have the effect of amending the original official zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the Mayor attested by the Clerk-Treasurer and bearing the seal of the city under the following words:
“This is to certify that this official zoning map supersedes and replaces on this day (date) the official zoning map adopted December 10, 2007 as part of Ordinance 07-16 of the City of Lebanon, Indiana.”
(G) Map to be preserved. Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.
(H) Map revisions. The official zoning map shall be updated as required by schedule, found in the Plan Commission Rules of Procedure.
(I) Interpretation of district boundaries. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply.
(1) Streets. Boundaries indicated as approximately following thoroughfares such as highways, streets or alleys shall be construed as following the centerlines of those thoroughfares.
(2) Section lines. Boundaries indicated as approximately following section line limits, half-section and quarter-section lines, city corporate limit lines, or platted lot lines shall be construed as following these lines.
(3) Railroad lines. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
(4) Shore lines and water ways. Boundaries indicated as following shore lines shall be construed to follow the shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the centerlines of streams, creeks, lakes or other bodies of water shall be construed to follow the centerlines. However, where streams and rivers meander from their beds as they existed on the effective date of this ordinance, the boundary shall be construed as following the original stream or riverbed.
(5) Use of scale on zoning map. Boundaries indicated as parallel to or extensions of features indicated in subsections (I)(1) through (I)(4) above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.
(6) Board may determine. Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by this chapter herein, the Board of Zoning Appeals shall interpret the district boundaries.
(7) Vacations and relocations. The vacation or relocation of rights-of-way and lot lines shall not affect the location of district boundaries; provided, however, whenever any right-of-way is vacated by proper authority, the districts adjoining each side of the vacation shall be extended automatically to the center of the vacation.
(8) Lines splitting lots/divided lots. When a zoning district boundary line divides a lot or parcel, the Administrator shall determine the applicable zoning district. The Administrator may require a rezone or replat of the site if any portion of a construction or development proposal overlaps two or more zoning districts. The petitioner shall be responsible for filing the appropriate forms and for paying the appropriate filing fees to rezone or replat the lot or parcel. If a portion of a lot or parcel is in an Overlay District, the entire lot or parcel shall be deemed as being within the Overlay District.
(Ord. 07-16, passed 12-10-2007)
(A) The Plan Commission shall be guided by the principles and directives of the comprehensive plan of the city, as amended and this unified development ordinance in making zoning district recommendations to the Common Council for newly annexed areas.
(B) All territory which may hereafter be annexed to the city shall be classified into one or more of the districts set forth in Chapter 4: Zoning Districts. Before the Common Council of the city shall consider the ordinance for annexation, which shall include therein a description of the district or districts, the City Plan Commission shall conduct a public hearing in the manner prescribed in the Plan Commission Rules of Procedure, and make a recommendation on the new zoning classification to the Common Council. Newly annexed land submitted without a development proposal or concept plan shall be classified into the Open Space (OS) Zoning District, or at the discretion of the Plan Commission, a suitable district that is consistent with the recommendations of the city comprehensive plan. If a different zoning classification is desired by the property owner, the owner shall be required to submit a concept plan, § 9.19, upon application for annexation.
(Ord. 07-16, passed 12-10-2007; Ord. 2009-04, passed 4-13-2009)
The following city zoning and subdivision control ordinances are hereby repealed and are replaced by this unified development ordinance and official zoning map:
(A) The Zoning Code of the city, adopted July 24, 2000;
(B) The subdivision control ordinance of the city, adopted July 24, 2000; and
(C) The zoning map adopted July 24, 2000, and amended 2004.
(Ord. 07-16, passed 12-10-2007)
Should any section or provision of this unified development ordinance be declared by a court of competent jurisdiction to be invalid, the decision shall not affect the validity of the ordinance as a whole, or any portion thereof, other than the portion declared to be invalid.
(Ord. 07-16, passed 12-10-2007)