ELKHART COUNTY ZONING ORDINANCE
July 28, 2016 at 4:25 p.m.
NOTICE OF PUBLIC HEARING ON PROPOSED REPLACEMENT ZONING ORDINANCE INCLUDING ZONING MAP Notice is hereby given that the Plan Commission of Elkhart County, Indiana on the 14th day of April, 2011 at 6:00 PM E.S.T will hold a public hearing for a proposed replacement Zoning Ordinance including zoning map for Elkhart County. The applicant/petitioner is the Elkhart County Plan Commission. This public hearing will be held at the Elkhart County Department of Public Services Building, Public Meeting Rooms A & B, 4230 Elkhart Road, Goshen, IN 46526. The geographic area to which the proposed replacement Zoning Ordinance including zoning map applies is all lands within Elkhart County, including all the Townships: Cleveland, Osolo, Washington, York, Baugo, Concord, Jefferson, Middlebury, Olive, Harrison, Elkhart, Clinton, Locke, Union, Jackson and Benton but excluding the jurisdictions of the City of Goshen, the City of Elkhart, and the Town of Nappanee. The following is a summary of the subject matter contained in the proposed replacement ordinance including zoning map: Article One - Ordinance Foundation: This article contains language that makes the document an ordinance. It describes the basic provisions for the ordinance. It also establishes the zoning districts, official zoning map, interpretation rules, and outlines the duties of the Board of Zoning Appeals and the Zoning Administrator. Article Two - Zoning Districts: This article contains the intent, permitted uses, special exception uses, and basic development standards that apply to each zoning district. This ordinance recognizes 24 zoning districts including districts for parks, agriculture, residential, institutional, commercial, industrial, and mixed uses. Article Three - Overlay Districts: This article contains the intent, effect on permitted uses, effect on special exception uses, and effect on basic development standards that apply to each overlay district. This ordinance recognizes 3 overlay districts for unique issues in the county including the airport, wellheads, and wind farms. Article Four - Planned Development District: This article contains regulations for planned unit developments. Article Five - Development Standards: This article contains all of the development standards that apply to each zoning district, including: accessory structure, architecture, confined feeding, density and intensity, driveway, environmental, fence and wall, floodplain, floor area, height, home business, keeping of animals, kennel, landscaping, lighting, loading, lot, manufactured home park, outdoor dining, outdoor storage, parking, performance, pond, rural residential, second primary residence, setback, sewer and water, sexually oriented business, sign, special exception, storage tank, structure, telecommunication facility, temporary use, vision clearance, and wind turbine system. Article Six - Nonconformances: This article contains the rules for nonconforming structures, uses, and lots. Article Seven - Processes: This article contains the process for each type of permit, petition, or approval identified within the Zoning Ordinance, including, but not limited to: improvement location permit, administrative appeal, planned development, special exception use, rezoning, and variances. Article Eight - Enforcement and Penalties: This article contains the enforcement and penalties applicable to violations of the Zoning Ordinance. See specific sections printed below. Article Nine - Definitions: This article contains the terms used in a special sense within the ordinance and their corresponding definition. Zoning Map - A total of 24 zones are included in the proposed replacement ordinance. Not all zones are in use or reflected on the proposed replacement map. Two zones, VC Village Commercial and VR Village Residential are included specifically for the villages currently under review by the Elkhart County Planning Department. The proposed map reflects an effort to generally mirror the existing zoning districts. The largest exception to the conversion is the large residential areas currently zoned as Agriculture A1 which are now shown as R1 Residential. Agriculture districts A4 and A5 are now combined to a single district AI Intense Agriculture. Zones E1 and E2 are now combined to EC Employment Center. There are three proposed Overlay districts: Airport, Community Well Heads and Commercial Wind Farms. The following is the penalty and forfeiture language from Article 8: Enforcement and Penalties. Actionable Violations It shall be an actionable violation of the Zoning Ordinance to: A. Non-permitted Structures: Construct, place, or modify a structure in a manner that is not expressly permitted by the Zoning Ordinance; B. Permitted Structures: Construct, place, or modify a structure in a manner permitted by the Zoning Ordinance without first being issued all permits and/or other approvals required by the Zoning Ordinance; C. Exempt Permitted Structures: For structures that are exempt from needing a permit; construct, place, or modify a structure in a manner that is not expressly permitted by the Zoning Ordinance; D. Non-permitted Uses: Utilize a property for a use that is not expressly permitted by the Zoning Ordinance in the applicable zoning district, or by a Variance of Use, or Special Exception Use, or other approval allowed under the Zoning Ordinance; E. Permitted Uses: Utilize a property for a use expressly permitted by the Zoning Ordinance without first being issued a permit and/or other approvals required by the Zoning Ordinance; F. Non-compliance with Approvals: Fail to fully comply with procedural requirements, payment of fees, conditions, or commitments associated with any permit and/or other approval; or G. Other Violations: Otherwise fail to comply with any of the terms or provisions of this Zoning Ordinance. Unactionable Violations In any single-family residential zoning district, landscaping requirements shall only be enforced at the time an Improvement Location Permit is issued. Otherwise, failure to meet the landscaping standards shall not be considered a violation. Enforcement Official Enforcement of the Zoning Ordinance shall be conducted by an enforcement official. When a type of enforcement action or role is assigned to a specific board, body or individual by Indiana Code, this Zoning Ordinance, or applicable rules of procedure, then that board, body, or individual shall participate as specified. Discovery of Violations An enforcement official may survey the jurisdiction or may investigate alleged violations in order to discover whether a violation occurred or exists. Inspection of Property A. Standard Inspections: The inspection of property or structures may be conducted by the enforcement official from the property where the violation or alleged violation is located with permission from the violator at the time of the inspection; from a public right-of-way; from aerial photographs or video; from aerial observation; or from an adjacent property. If requested, the enforcement official shall present identification and describe the purpose of the inspection. B. Denial of Access to Property: In the event the enforcement official is denied entry to a property or structure where there is a violation or alleged violation, the enforcement official may apply to a court of jurisdiction to secure a search warrant authorizing inspection of the property or structure. C. Surrender of Right to Deny Access: A property owner surrenders the right to deny an enforcement official access to the subject property or structure upon filing for any permit or petition identified in Article 7: Processes. The surrender to deny access shall commence upon filing a complete application and shall cease upon the Zoning Administrator issuing a zoning compliance certificate or other required final inspection. Responsibility for Violations The owner and possessor (e.g. tenant or occupant) of the structure, land, and/or premises may be liable for violations of the Zoning Ordinance therein and/or thereon. New Permits at Location Where a Violation Exists When a violation or alleged violation of the Zoning Ordinance has been identified on a property and notice of the violation or alleged violation has been conveyed in writing to the violator, any new filing for any permit or petition identified in Article 7: Processes for the property, shall be held by the Zoning Administrator until the violation or alleged violation is resolved. The withholding of any such permit or petition shall in no way limit the operation of the civil fine provisions provided for elsewhere in the Zoning Ordinance. Enforcement Options When a violation or alleged violation exists and when it is determined that enforcement is necessary, the type of enforcement action will be at the discretion of the enforcement official. The following options, as described in subsequent sections, may be used to enforce the Zoning Ordinance: •Stop work order; •Bring action to local court to invoke any legal, equitable or special remedy; •Bring action to local court to enforce a condition, covenant or commitment; •Bring action to local court to request a prohibitory or permanent injunction to restrain; •Bring action to local court to request a mandatory injunction to remove a structure or other violation (e.g. junk cars); •Bring action to a local court to invoke a fine for violations; or •Any remedy or actions set forth in Indiana Code, common law, or other applicable State regulations. Stop Work Order A. Authority: The enforcement official may issue an order to stop work as an independent enforcement action or concurrent to another enforcement action. B. Cause: An order to stop work may be issued for any violation or alleged violation of the Zoning Ordinance. C. General Procedure: 1. Issue Notice: The order to stop work shall, in writing (i.e. notice), describe the violation or alleged violation and request the immediate cessation of work until the matter is resolved. 2. Post Notice: The order to stop work shall be posted in a conspicuous place on the property. The enforcement official may elect to provide additional notice by mail, email, phone, or letter to the property owner, developer, builder, property manager, tenant, occupant, or other interested parties to further ensure compliance. 3. Effective: The order to stop work shall become effective upon posting on the property. 4. Conditions: An enforcement official may describe the conditions under which the order to stop work will be lifted on the notice. Otherwise, it is the responsibility of the violator to schedule a meeting with the enforcement official. 5. Allowance for Civil Penalty: The issuance of an order to stop work shall in no way limit the pursuit of a civil penalty. Invoke a Legal, Equitable, or Special Remedy A. Authority: The Plan Commission or Board of Zoning Appeals may bring action to a court of jurisdiction as an independent enforcement action or concurrent to another enforcement action. A court of jurisdiction may issue a legal, equitable, or special remedy. Any such action may be joined with an action to recover civil fines provided for elsewhere in the Zoning Ordinance. B. Cause: A violation or alleged violation of the Zoning Ordinance exists on a property. Enforce a Condition, Covenant, or Commitment A. Authority: The Plan Commission or Board of Zoning Appeals may bring action to a court of jurisdiction as an independent enforcement action or concurrent to another enforcement action. A court of jurisdiction may enforce compliance with a condition, covenant, or commitment. Any such action may be joined with an action to recover civil fines provided for elsewhere in the Zoning Ordinance. B. Cause: A condition, covenant, or commitment is not in compliance with terms of an approval. Request a Prohibitory or Permanent Injunction to Restrain A. Authority: The Plan Commission or Board of Zoning Appeals may bring action to a court of jurisdiction as an independent enforcement action or concurrent to another enforcement action. A court of jurisdiction may issue a prohibitory or permanent injunction against a violator or potential violator. Any such action may be joined with an action to recover civil fines provided for elsewhere in the Zoning Ordinance. B. Cause: A violation, alleged violation, or intent to violate the Zoning Ordinance exists. Request a Mandatory Injunction to Remove a Structure A. Authority: The Board of Zoning Appeals may bring action to a court of jurisdiction as an independent enforcement action or concurrent to another enforcement action. A court of jurisdiction may issue a mandatory injunction against a violator. Any such action may be joined with an action to recover civil fines provided for elsewhere in the Zoning Ordinance. B. Cause: A structure was constructed, modified or installed in violation or alleged violation of the Zoning Ordinance. Invoke a Fine for Violation A. Authority: The Plan Commission or Board of Zoning Appeals may bring action to a court of jurisdiction as an independent enforcement action or concurrent to another enforcement action. A court of jurisdiction may issue a civil fine for violation. The assessment of a civil fine shall in no way limit the operation of any other enforcement remedies provided for elsewhere in the Zoning Ordinance. B. Cause: A violation of the Zoning Ordinance exists. C. General Procedure: 1. Financial Liability: Civil fines imposed by the court of jurisdiction shall be no higher than $2,500 for the first violation, and no higher than $7,500 for the second or subsequent violations according to IC 36-1-3-8. Each unique violation from the day it was confirmed as a violation is subject to a civil fine; and each new day the violation persists, excluding days granted to remedy the violation, shall constitute a separate violation and therefore be subject to another civil fine. Other Remedy Any action allowed by Indiana Code, common law, or other applicable State regulations may be used to force a violation or alleged violation to be in compliance with the Zoning Ordinance or compliance with the terms of an approval. Oral comments concerning the proposed replacement Zoning Ordinance including zoning map will be heard and considered at the public hearing. Written comments concerning the replacement Zoning Ordinance including zoning map can be filed with the Department of Planning and Development at the address listed below on or before April 14th, 2011 by the end of office hours in order to be considered by the Plan Commission. Written comments will be distributed and presented to the Plan Commission for consideration at the public hearing. The public hearing may be continued by the Plan Commission to future meetings as may be found necessary by the Plan Commission and as announced at the public hearing. A copy of the proposed replacement Zoning Ordinance including zoning map is on file and is available for public inspection at the following location: Elkhart County Planning and Development Office Elkhart County Public Services Building 4230 Elkhart Road, Goshen, IN 46526 Hours: Monday - 8:00 AM to 5:00 PM and Tuesday - Friday - 8:00 AM to 4:00 PM Proposed replacement Zoning Ordinance text only: [http://www.elkhartcountyplanninganddevelopment.com/whatsnew.htm] Roger Miller, Secretary Elkhart County Plan Commission 4230 Elkhart Road Goshen, Indiana 46526 m25[[In-content Ad]]
