Looking at the existing land use in New Palestine can tell us about how the community has developed and grown over time. It also gives us a look at how the town may develop in the future. The planning area incorporates the land within the town limits and also looks at the area surrounding the town mainly Union Township.
Land use policy is determined by an analysis of present land use patterns, assessing any problems associated with these land use trends, and recommendations for future land use. A general evaluation of existing land use is discussed first and is based upon generalized existing land use maps prepared during the planning process. Next, future land use maps for the Town of New Palestine are presented along with policy recommendations to guide future land use decisions. The future land use maps must be used in conjunction with the text of the comprehensive plan when considering zoning map amendments and development proposals.
The goals and objectives stated in the plan, as well as background information such as environmental data, should be considered on a site by site basis. Although land use plans are reported relative to political boundaries, land use trends do not respect such boundaries. Land use activities occurring at the edge of one political subdivision influence the demand for similar activities on the opposite side of the boundary in another political subdivision. Therefore, development activities occurring in New Palestine can affect change in the unincorporated areas of Sugar Creek township.
ZONING REGULATIONS
Unlike land use designations, zoning designations are what you can legally do with your parcel today; the land use designation, in conjunction with development guidelines, details how you may be able to use your parcel in the future.
To clarify, there is a significant difference between the two. Land use designations included in the Community Development Plan are plans for the future. Whereas zoning designations more specifically define what use is currently allowed on a specific parcel, and outline design and development guidelines for those intended uses such as setbacks, minimum lot sizes, buffering and landscaping requirements, etc.
The comprehensive plan is a guide or recommendation for the use of the zoning ordinance and, to a lesser extent, the subdivision ordinance. It suggests, in general terms, proposed uses for land within the locality, as well as the proposed location of utilities and public facilities such as schools, fire stations and parks. The plan also makes long-term projections of population growth. The zoning ordinance actually establishes the rules governing the use of land. The zoning ordinance divides a locality into different zoning districts and spells out allowable uses for each district such as agriculture, industry or commercial use. The zoning ordinance is not a mere recommendation as is the comprehensive plan. In the case of a conflict concerning land use between the comprehensive plan and the zoning ordinance, the zoning ordinance controls. The subdivision ordinance governs the process for dividing land from larger parcels into lots.
While the subdivision ordinance is entirely separate from the zoning ordinance, the zoning ordinance establishes the minimum lot size for each zoning district.
New Palestine adopted their current zoning in 2001. The districts indicate how land use and development has been shaped. The prevalence of commercial related activities, the character of the housing stock and the special importance of development along US 52 are all reflected in the choice of zoning districts. The zoning in New Palestine closely follows the current land use.
The existing New Palestine Zoning ordinance defines nine use districts and their primary purposes:
Residential
R-1 Single Family Residential
This district is defined as that which is primarily intended for single family residential development on relatively flat land in areas that have or have planned public services.
R-2 Single Family Residential
This district is defined as that which is primarily intended for residential development in areas in and surrounding urban service areas, where public sewer service is available or planned in the near future.
R-3 Multi-Family Residential
This district is defined as that which is primarily intended for multifamily residential development in areas within urban service areas, near business nodes and concentrations where the development of multifamily and two-family residential lots and developments in areas where public services exist to service them efficiently, and Mobile Home Parks as a Special Exception.
Business/Commercial
B-1 Neighborhood Business
The Neighborhood Business District is designed to meet the day-to-day convenience shopping and service needs of persons living in nearby residential areas. Uses allowed in this district will, in general, be a less intense use than those allowed in the B-2 or B-3 Districts.
B-2 General Business
This district is designed to encourage well-planned business uses. Particularly with respect to unified design, safe ingress and egress, adequate and properly located parking and service facilities and convenient and safe pedestrian accessibility.
B-3 Highway Business
This district provides sites for heavier types of business and commercial uses. The Highway Business District is classified in the B-3 District.
B-4 Heavy Business
The B-4 Heavy Business District is one in which manufacturing, fabricating, processing, extracting, repairing, dismantling, storing or disposing of equipment, raw materials, manufactured products or wastes is conducted entirely within enclosed buildings of any size, provided that such use shall conform to the performance standards set forth herein. Screening of storage, parking and loading areas is essential in this district as it is usually located adjacent to residential areas.
Planned Unit Development
UD Unit Development Plan District
This district is intended to provide more development flexibility than is possible through the application of customary zoning regulations. In recognition of both the rapid changes in design and technology in the building industry and new demands in the housing market, it is deemed necessary to meet those changes in a manner that will be consistent with the best interests of the Town.
Flood Plain
The development of the flood hazard areas could result in the potential loss of life and property, create health and safety hazards and lead to extraordinary public expenditures for flood protection and relief. Since development of these areas is not essential to the orderly growth of the Town and environs, and since these lands are suitable for fill, the FP Flood Plain District shall be established and developed in accordance with the following criteria promulgated by law.
The following uses have a low flood damage potential and do not obstruct flood flows. These uses shall be permitted by right within the Flood Plain District to the extent that they are not prohibited or not otherwise controlled by other parts of the this Code, and provided they do not require structures, fill, or storage of materials or equipment:
1. Agricultural uses such as general farming, pasture, grazing, orchards, plant nurseries and vineyards.
2. Forestry, wildlife areas and nature preserves.
3. Parks and recreational uses, such as golf courses, driving ranges and play areas.
4. Public or Employee Parking Area.
5. Sewage Treatment Facility (Primary Use).
6. Transmission Lines for Gas, Oil, Electricity or Other Utilities.
Overlay District
US 52 Highway Corridor Overlay
The purpose is to establish standards for the design of sites, buildings, structures, plantings, signs, street hardware, and such other improvements that are visible to the public and affect the physical development of land within the US 52 (Main Street) Corridor Overlay Zone District.
These standards are intended to promote high quality creative development that will combine imagination, innovation, and variety in the appearance of buildings and sites in the overlay zone. These standards are further intended to preserve and enhance property values and to promote the public health, safety, and welfare by providing for consistent and coordinated treatment of the property encompassed by the US 52 (Main Street) Corridor Overlay District.