SECTION 1

GENERAL PROVISIONS

A.    Title.

This ordinance shall hereinafter be known and cited as "Unified Zoning Ordinance of Vigo County, Indiana."

B.      Authority. 

1.    This Ordinance is adopted pursuant to the authority contained in Indiana Code 36-7-4 et seq.

2.      Whenever any provision of this ordinance refers to or cites a section of the Indiana Code and that-section is later amended or superseded, this Ordinance shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

C.      Purpose.

In adopting this Ordinance, the Board of Commissioners of the County of Vigo, the Common Council of the City of Terre Haute, the Town Board of Riley, the Town Board of Seelyville, and the Town Board of West Terre Haute act for the purpose of:

1.    promoting the public. health, safety, comfort, morals, convenience, and general welfare; and

2.    guiding the future development of the City of Terre Haute, the Town of Riley, the Town of Seelyville, the Town of West Terre Haute, and Vigo County;

3.    securing adequate light, air, convenience of access, and safety from fire, flood, and other danger;

4.      lessening or avoiding congestion in public ways;

5.    ensuring that the needs of agriculture, industry, and business be recognized in future growth;

6.    ensuring that residential areas. provide healthful surroundings for family life;

7.    ensuring that growth be commensurate with and promotive of the efficient and economical use of public funds; and

8.      otherwise accomplishing the purposes of Indiana Code 36-7-4 et seq.

D.      Effective Date.

This ordinance shall be effective on the following dates:

1.      within the corporate boundaries of the City of Terre Haute on   ;

2.    Within the corporate boundaries of the Town of Riley on January 21, 1997;

3.      Within the corporate boundaries of the Town of Seelyville on    ;

4.    Within the corporate boundaries of the Town of West Terre Haute on ; and,

5.      In the unincorporated areas of Vigo County on November 22, 1996.

E.      Repealer.

The Comprehensive Zoning Ordinance for Terre Haute, Indiana, as adopted by the Common Council of the City of Terre Haute, Indiana, on the __day of_____, 19__, and all amendments thereto, are hereby repealed. in addition, all other ordinances or parts of other ordinances adopted by the Board of Commissioners of the County of Vigo, the Common Council of the City of Terre Haute, the Town Board of the Riley, the Town Board of Seelyville, or the Town Board of       West Terre Haute in conflict with this ordinance are hereby repealed to the extent necessary to give this Ordinance full force and effect.

F.      Severability.

It is hereby declared to be the intention of the Board of Commissioners of the County of Vigo, the Common Council of the City of Terre Haute, the Town Board of Riley, the Town Board of Seelyville, and the Town Board of West Terre Haute that the sections, paragraphs, sentences., clauses, and phrases of this Ordinance are severable and, if any such section, paragraph, sentence, clause, or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any remaining sections, paragraphs, sentences, clauses or phrases of this ordinance because the same would have been enacted without the incorporation into this Ordinance of such unconstitutional or invalid section, paragraph, clause, or phrase.

G.      Exclusion.

Nothing in this ordinance or in any rules, regulations, or orders issued pursuant to this Ordinance shall be deemed to restrict or regulate or to authorize any unit of government, legislative body, plan commission, or board of zoning appeals now or hereafter established, to restrict or regulate the exercise of the power of eminent domain by the State of Indiana or by any agency of the State of Indiana, or the use of property owned or occupied by. the State of Indiana or any agency of the State of Indiana.

H.      Interpretation.

In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements for the promotion of the health, safety, comfort, morals, convenience, and the general welfare of the public. In the case of any conflict or inconsistency between two or more provisions of this Ordinance (e.g., the restrictions set forth in an overlay district versus the restrictions set forth in a primary zoning district), the provision which imposes the greater or higher standard of performance shall control.

I.      Jurisdiction.

1.    Upon adoption of this Ordinance by the Common Council of the. City of Terre Haute, the Town Board of Riley, the Town Board of Seelyville, the Town Board of West Terre Haute, and the Board of Commissioners of the County of Vigo, the Area Plan Commission of Vigo County shall be the duly authorized Plan Commission for the incorporated areas of the City of Terre Haute, the Town of Riley, the Town of Seelyville and the Town of West Terre Haute, and the unincorporated areas of Vigo County pursuant to the Area Planning Law of the Indiana Code.

2.    This ordinance shall be effective within the corporate boundaries of the City of Terre Haute, the Town of Riley, the Town of Seelyville, the Town of West Terre Haute, and the unincorporated areas of Vigo County upon its adoption by the Common Council. of the City of Terre Haute, the Town Board of Riley, the Town Board of Seelyville, the Town Board of West Terre Haute, and the Board of Commissioners of the County of Vigo.

J.      Subdivision of Land

The subdivision of land may occur in any and all zoning districts established by this ordinance.

K.    Scope and Application.

Except as expressly provided otherwise in this ordinance:

1.    No person may use or occupy any land, building, structure or improvement or authorize or permit the use or occupancy of any land, building, structure or improvement under his control except in accordance-with the applicable provisions of this Ordinance.

2.    No land, building, structure or improvement shall be used and no building shall be erected, reconstructed or structurally altered, which is arranged, intended or designed to be used for any purpose other than a use which is permitted in the zoning district in which such land, building, structure or improvement is located.

L.      Findings of Fact.

In adopting this Ordinance, the Board of Commissioners of the County of Vigo, the Common Council of the City o£ Terre Haute, the Town Board of Riley, the Town Board of Seelyville, Town Board of West Terre Haute, and the Area Plan Commission of Vigo County have paid reasonable regard to:

1.      the general polices and patterns of development set out in the Comprehensive Plan for Vigo County, Indiana;

2.      current conditions and the character of current structures and uses in each zoning district;

3.      the most desirable use for which the land in each zoning district is adapted

      4.      the conservation of property values throughout Vigo County; and,

the responsible development and growth of Vigo County.

M.      Private Provisions.

The provisions of this ordinance are not intended to abrogate any easement, covenant or any other private agreement or restriction.

N.      Agricultural Nuisance Disclaimer of Vigo County Indiana.

Any applicant for an Improvement Location Permit for a nonagricultural land use as a primary use on any real estate located in or adjacent to the A-1 District and any land which is the subject of a petition for zone map change from the A-1 District to any other district shall be required to execute and record a commitment containing the following language:

Owner acknowledges that the real estate subject to this commitment is in or adjacent to an area zoned for agricultural land uses.

Owner hereby agrees: to waive any and all objection to any such agricultural land use on any real estate zoned for such uses within one-half (1/2) mile of any boundary of the real estate; and, that such agricultural land uses, including but not limited to associated odors, dust, pollen, noise, lights, hours of operation, weed control applications, pest control applications, and similar procedures related to the normal operation of such agricultural land uses, do not constitute a nuisance, public or private, provided that there is no significant change in the hours of operation or the type of agricultural land uses and the agricultural land uses would not have been a nuisance at the time the agricultural land uses began operation. This agreement does not limit Owner's rights under other applicable laws in the event o£ negligence in the operation of said agricultural land uses.

Exception: The provisions of this Section shall not apply to any real estate which is part of a previously recorded plat or a petition for primary or secondary plat approval in which such plat contains a covenant applicable to all real estate within said plat which provides the agricultural protection outlined above.

O.      Exemptions to Height Limitations.

The following items shall be exempt from the building height limitations contained in individual zoning districts:

1.    Chimneys, church spires, flag poles, accessory transmission and communication antenna, and similar structural appendages not intended as places of occupancy or storage, provided that no more than one-third (1/3) of the total roof area is occupied by such features.

2.    Free-standing flag poles, accessory transmission and communication towers, and other similar structures, provided that such structures, and any guy wire anchors associated with such structures, shall be located in compliance with all setback provisions of the zoning district in which they are located.

3.    Heating, ventilation and air conditioning equipment; roof water tanks; elevator shafts; solar collectors; skylights; and similar equipment to operate and maintain the building, provided that no more than one-third (1/3) of the total roof area is occupied by such features and further provided that such equipment shall be setback from the edge of the roof a minimum distance of one (1) foot for each floor ten (10) feet in elevation that such equipment, fixtures or devices extend above the roof surface.

4.      Parapet walls not exceeding two (2) feet in height.

P.      Exemptions for Public and Semi-Public Utilities.

Public or semi-public water and sewer utilities, which are designed as a part of and intended to serve the immediate area or neighborhood in accordance with applicable provisions indicated on a subdivision plat which has been approved by the Plan commission and recorded in the Office of the Recorder of Vigo County, Indiana, shall be exempt from the provisions of this ordinance.

Utility Substations and major utility facilities such as Water Treatment Plants, Waste Water Treatment Facilities and the like, which are designed as part of a larger service network or to independently provide service on a community or regional level shall be subject to all use and development standards regulations of this Ordinance.

Q.                Exemptions for Transportation, Communications, Electric, Gas and Sanitary Services.

Service easement, including but not limited to those providing for roadways, railroad lines, pipelines, electric power lines, telephone lines, relay stations, lift stations, and the like, shall be exempt from the provisions of this ordinance.

Bus stations, railway terminals, gas storage tanks, power stations, treatment plants, and the like, shall be subject to all use and development standards regulations of this ordinance.

R.      Determination of Land Uses Not Listed in this Zoning Ordinance.

It is recognized that this ordinance may require interpretation to assign all possible land uses to individual zoning districts. Therefore;-any land use which is not specifically set forth in this ordinance shall be reviewed by the Director for consistency with the Statements of Purpose in each zoning district and for compatibility with land use characteristics typical of land uses permitted within those districts and the Director shall determine the appropriate zoning district for any use which is not specifically set forth herein. In case of disagreement with the determination of the Director in assigning a land use to an appropriate zoning district, any aggrieved party may file an appeal before the Board pursuant to the provisions of Section 4 of this Ordinance. If it is (i) determined by the Director, in agreement with the applicant or (ii) determined by the Board that a particular use is not permitted in any agricultural, residential, commercial, industrial or manufacturing, or special zoning district, then such use shall be deemed to require the PUD zoning district and shall be considered to be a permitted use only in a PUD zoning district in which such use is specifically included and described in a petition for zone map change to the PUD zoning district.

S.      Commitments Required by the Plan Commission.

1.    The Plan Commission may, under any circumstance, require or permit the owner of a parcel of property to make written commitments concerning the use or development of the subject property in connection with recommending approval of a Zone Map Change to the PUD District, or any other zoning district, to a legislative body as a condition of development.

The commitments shall be reduced to writing in recordable form and signed by the owner(s) of the real estate. The commitments shall be in effect for as long as the real estate to which they apply remains zoned to the classification to which the real estate was zoned when the commitments were made or modified or terminated pursuant to Section 1, S., 2. below. The commitments shall. authorize their recording by the Director in the office of the Recorder of Vigo County, Indiana upon the final approval of the zone map change by the legislative body. Following the recording of the commitments, the Director shall return the original recorded commitments to petitioner and shall retain a copy of the recorded commitments in its file.

The Plan Commission, Owners of all parcels of ground adjoining the real estate and all owners of real estate within the area included in the petition who were not petitioners for approval, and other-specially affected persons designated in such commitments shall be entitled to enforce such commitments pursuant to Indiana Code 36-7-4-1015 or as otherwise provided by applicable law.

The commitments required by the Plan Commission shall be in substantially the form set forth in Exhibit "A" of this Ordinance.

2.      Modification of Commitments by the Plan Commission.

Commitments required or permitted by the Plan Commission may be modified or terminated by a decision of the Plan Commission, or its successor, made at a public hearing after notice to adjoining owners has been given pursuant to the Bylaws of the Plan Commission. Any modification or termination of the commitments shall not be effective until: (a) reduced to writing; (b) approved by the Plan Commission; (c) executed and notarized by the present owner(s) of the real estate; and, (d) recorded in the Office of the Recorder of Vigo County, "Indians..

The modification or termination of commitments shall be in substantially the form set forth in Exhibit "B" of this Ordinance.

T.      Exceptions for Upper Level Dwellings in Commercial

      Districts

Notwithstanding any provisions of this Ordinance to the contrary, including provisions for nonconforming uses and structures contained in Section 7 of this Ordinance, any commercial building located in a C-1, C-2, C-3, C-4, C-5, C-6 or C-7 District which was originally designed and constructed to include a dwelling unit(s) in an upper level(s) shall be permitted to use, maintain, repair, operate or otherwise commence, continue or reuse such areas for dwelling purposes.

U.    Yard Exemptions.

In all zoning districts, the following shall be exempt from the required yard and setback provisions:

1.    Awnings, canopies, eaves, cornices or other laterally supported extensions, gutters, and one story bay windows, in each case not extending more than four (4) feet into a required yard;

2.    Stair steps not exceeding four (4) feet above grade and not extending more than four (4) feet into a required yard;

3.    Chimneys not projecting more than twenty-four (24) inches into any yard;

4.      Arbors and trellises;

5.      Flag poles;

6.    Fences and walls not exceeding forty-two (42) inches in height in a front yard or six (6) feet in height in a side or rear yard, provided, however, the height of a fence or wall in a side or rear yard may be increased to ten (10) feet if the visibility through the fence at right angles is not reduced by more than eighty (80) percent.

V.      Special Regulations for Residential Facilities for the Mentally Ill.

A residential facility for the mentally ill as defined in this Ordinance and by 1.C. 12-7-2-167 may not be located within three thousand (3,000) feet of another residential facility for the mentally ill, as measured between lot lines.