SECTION 3

ESTABLISHMENT OF ZONING DISTRICTS AND OFFICIAL ZONING MAPS

3.01 Establishment of Zoning Districts.

The territory within the jurisdiction of the Commission is hereby classified and divided into the following districts:

      Symbol                 District Name

      A-1                     Agriculture and Rural Residential District

C-1                     Neighborhood Commercial District

      C-2                     Community Commercial District

      C-3                     Regional Commercial District

      C-4                     Commercial Office District

      C-5                     Commercial Entertainment District

      C-6                     Highway Commercial District

      C-7                     General Commercial District

      C-8                     Central Commercial District

      M-1                     Light Industrial District

      M-2                     Heavy Industrial District

      R-S                     Single-Family Residential Suburban District

      R-1                     Single-Family Residential District

      R-2                     Two-Family Residential District

      R-2M                    Medium Density Residential District

      R-3                     Multifamily Residential District

      R-3H                    High Density Residential District

      R-T                     Mobile Home Trailer Park Distract

      OS                      Open Space District

      AP                      Hulman Regional Airport District

      ANO                     Hulman Regional Airport Noise Overlay District

      ASO                     Hulman Regional Airport Airspace Overlay District

      MO                      Mining Overlay District

      PUD                     Planned Unit Development District

3.02      Official Zoning Maps.

A.      Establishment of the Official Zoning Maps.

There shall be a maps known and designated as the Official Zoning maps, which shall be comprised of the following maps:

1.      the City of Terre Haute Zoning Maps;

2.      the Town o£ Riley Zoning Maps;

3.      the Town of Seelyville Zoning Maps;

4.      the Town of West Terre Haute Zoning Maps;

5.      the Vigo County Zoning Maps;

6.      the Noise Overlay Zoning Maps;

      7.      the Airspace Overlay Zoning Map;

8.      the Flood Insurance Rate Maps of the City of Terre Haute: and,

9.      the Flood Insurance Rate Maps of Vigo County.

B.      Incorporation of Official Zoning Maps.

The Official Zoning Maps are attached hereto and hereby incorporated herein by reference, together with all explanatory matter thereon, and are hereby declared to be a part of this ordinance.

C.      Boundaries.

Boundaries of the districts established in Section 3.01, above, are as shown on the official Zoning Maps.

D.      Identification of Official Zoning Maps.

The Official Zoning Maps shall be identified by certification and bear the seal of the commission under the following words: "This is to certify that these are the Official Zoning Maps referred to in Unified Zoning Ordinance of Vigo County, Indiana", together with the date of adoption of this Ordinance. Certification should be by the signature of President of the Commission and attested by the Secretary of the Commission. The title "Official Zoning Maps" in large letters shall may be placed in an appropriate open space around the map or in the title block.

E.      Maintenance of Official Zoning Map.

If, in accordance with the provisions of this Ordinance, changes are made in district boundaries or other matters portrayed on the official Zoning maps, such changes shall be entered on the official Zoning Maps by the Director promptly after the amendment has been approved by the legislative body with an entry on the Official Zoning Maps as follows: "On [date], by official action of the [official name of the legislative body], the following changes were made on the Official Zoning Maps: [explanation or description of the map change]", which entry shall be initialled by the Director and attested by a notary public. Upon entering any such amendment on the map, the administrator shall change the date of the map to indicate its latest revision. New prints of the updated map may then be issued. No changes of any nature shall be made on the official Zoning Maps or matter

shown thereon except in conformity with the procedures set forth in this Ordinance. Any unauthorized change of any kind by a person or persons shall be considered a violation of this ordinance and punishable under Section 6 of this ordinance.

F.      Location of the Official Zoning Maps.

Regardless of the existence of purported copies of the official Zoning Maps which, from time to time, may be published, the Official zoning maps shall be located in the Department. It shall be the final authority as to the current zoning status of land and water areas in the Vigo County.

G.      Preservation of the official Zoning Maps.

Excluding the Flood Insurance Rate Map of Vigo-County and the Flood Insurance Rate Map of the City of Terre Haute, the Department shall keep two (2) copies of the original Official Zoning Maps and two (2) copies of supersede Official Zoning Map pages for reference purposes.

H.      Replacement of Official Zoning Maps.

In the event that the official Zoning Maps become damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the respective legislative bodies may, by resolution, adopt new official Zoning Maps, which shall supersede the prior Official Zoning Maps. The new Official Zoning Maps may correct drafting or other errors or omissions in the prior Official Zoning Maps, but no such correction shall have the effect of amending the original official Zoning Maps or any subsequent amendments thereof. The Official zoning maps shall be authenticated by the signature of the President of the Commission, attested by Secretary of the Commission and bear the seal of the Commission. Unless the prior Official Zoning Maps have been lost or totally destroyed, the prior maps or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

I.      Streets, Alleys, Pubic Ways, Thoroughfares, and Railroad Right-of-Ways.

All streets, alleys, public ways, thoroughfares, and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same district as the property immediately abutting upon these streets, alleys, public ways, thoroughfares, and railroad rights-of-way. If the center line of a street, alley, public way, thoroughfare, or railroad right-of-way serves as a district boundary, the zoning of those areas, unless otherwise specifically designated, shall be deemed to the same as that of the abutting property up to that center line.

J.      Procedure Relating to Vacated Areas.

Whenever any street, alley, public way, thoroughfare, railroad right-of-way, waterway, or other similar area is vacated by the proper authority, the districts adjoining each side of such street, alley, public way, thoroughfare, railroad rights-of-way, waterway, or similar area shall be extended automatically to the center of such vacation and all areas included in the vacation shall then and thenceforth be subject to all appropriate provisions of the extended districts. In the event of a partial vacation, the adjoining district, or district nearest the portion vacated, shall be extended automatically to include all of the vacated area.

K.      Procedure Relating to Annexed or Disannexed Areas.

Territory annexed or disannexed from a town or city on or after the effective date of this Ordinance shall remain as zoned unless changed by an amendment of this Ordinance

L.    Rules for Interpretation of District Boundaries.

Where uncertainty exists, with respect to the boundaries of districts as shown on the official zoning Map, the following rules of interpretation shall apply:

1.    Boundaries indicated as approximately following the center lines of streets, alleys, public ways, or thoroughfares shall be construed to follow such center lines.

2.    Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

3.    Boundaries indicated as approximately following corporate limits shall be construed as following such corporate limits.

4.    Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

5.    Boundaries indicated as following shore lines shall be construed to follow such shore lines; and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline.

6.    Boundaries indicated as approximately following the center lines of stream, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines. Provided, however, when streams meander from the stream bed as it existed on the effective date of this Ordinance, the boundaries shall be construed as following the original stream bed.

7.    Boundaries indicated as approximately following floodplain lines shall be construed to follow such contour lines. In addition to the boundaries shown on the zone maps, the floodplain boundaries of minor ditches and streams may be designated as being one hundred (100) feet either side of the edge of the water at mean elevation, ox the outer edges of a horizontal plane established at an elevation of five (5) feet above the mean water level, which is the greater distance. In this case the stream, or ditch, shall be designated as one which flows at least one hundred eighty (180) days of the year.

8.    Boundaries indicates as parallel to or extensions of features indicated in Section 3.02., L., 1. through 7., above, shall be so controlled. Distances not specifically indicated on the Official Zoning Maps shall be determined by the scale of the map.

9.    Where physical or cultural features existing on the ground are at variance with those shown on the official Zoning Maps, or another circumstances not covered by section 3.02., L., 1. through 6., above, the Director shall interpret the boundaries. An appeal to the Board may be requested by any person aggrieved by such interpretation.

10.   Where a district boundary line divides a lot which was in single ownership at the time of passage of this Ordinance, the Board may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed twenty-five feet (25) feet beyond the district line into the remaining portion of the lot.