(A) There is hereby established for the city a park infrastructure impact zone (as defined in I.C. 36-7-4-1307), the borders of which are co-terminus with the existing corporate boundary of the city, as they may be extended from time to time through annexation, over all of which the city exercises planning and zoning jurisdiction. The Council specifically finds that there is a functional relationship between the components of the parks element of the zone improvement plan and that such park improvement recommendations provide a reasonably uniform benefit to all of the citizens of the city throughout the impact zone as of the effective date of this subchapter. The city further finds that all areas within the impact zone are contiguous, as required by I.C. 36-7-4-1316.
(B) Except as provided below, this subchapter shall apply uniformly to all residential developments within the impact zone hereby established for which the city may require a structural building permit and which create a need for new or additional park infrastructure. This subchapter shall not apply to:
(1) Developments meeting the requirements set forth in I.C. 36-7-4-1322(g);
(2) Improvements which do not require a structural building permit;
(3) Improvements which do not create a need for new or additional park infrastructure, including the erection of a sign, structures or fences, or the alteration, renovation or expansion of an improvement where the use, or intensity thereof, has not changed; and
(4) The replacement of a destroyed or partially destroyed improvement; provided, however, that the replacement improvement does not create a need for new and additional park infrastructure over and above the infrastructure needed for the original improvement prior to the destruction or partial destruction thereof.
(Prior Code, § 40-52) (Ord. 12-31, passed 10-29-2012)