TOWN OF MONROVIA ZONING ORDINANCE REV 1.25 - Indiana

ZONING ORDINANCE

TOWN OF MONROVIA

February 19, 1996 Ordinance 5 - 1996 Amended ? September 28, 2016

Town of Monrovia Plan Commission PO Box 400 Monrovia, IN 46157

CHAPTER 1. CHAPTER 2. CHAPTER 3. CHAPTER 4. CHAPTER 5. CHAPTER 6. CHAPTER 7. CHAPTER 8. CHAPTER 9. CHAPTER 10. CHAPTER 11. CHAPTER 12. CHAPTER 13. CHAPTER 14. CHAPTER 15. CHAPTER 16. CHAPTER 17. CHAPTER 18. CHAPTER 19. CHAPTER 20. CHAPTER 21. CHAPTER 22. CHAPTER 23. CHAPTER 24.

TOWN OF MONROVIA ZONING ORDINANCE TABLE OF CONTENTS

GENERAL PROVISIONS DEFINITIONS AGRICULTURAL DISTRICT RESIDENTIAL DISTRICTS BUSINESS DISTRICTS INDUSTRIAL DISTRICTS PLANNED UNIT DEVELOPMENT DISTRICT FLOOD HAZARD AREAS WELLHEAD PROTECTION OVERLAY ZONING DISTRICT SPECIAL EXCEPTION PROVISIONS TEMPORARY USES OFF-STREET PARKING REGULATIONS OFF-STREET LOADING REGULATIONS LANDSCAPING AND SCREENING REQUIREMENTS SIGN REGULATIONS MISCELLANEOUS REGULATIONS PROCEDURES BOARD OF ZONING APPEALS IMPROVEMENT LOCATION PERMITS ENFORCEMENT FEES SITE PLAN REVIEW WIRELESS COMMUNICATIONS FACILITIES DEVELOPMENT PLANS OF INCENTIVES

TABLE OF CONTENTS (continued)

OUTDOOR LIGHTING ORDINANCE

RESIDENTIAL DESIGN GUIDELINES

MONROVIA ZONING ORDIANCE ? SEE BELOW:

EXHIBIT "A" EXHIBIT "B" EXHIBIT "C" EXHIBIT "D"

EXHIBIT "E"

Requires the use of this form in recording commitments made with respect to Development Plan Approvals in accordance with I.C. 36-7- 4-613 Requires the use of this form in recording commitment modification(s) or termination(s) with respect to Development Plan Approval in accordance with I.e. 36-7-4-613. Commitments concerning the use or development of real estate made in connection with a Special Exception, Special Use, Contingent Use or Conditional Use Approval or a Variance Grant. Commitments modifying or terminating existing commitments concerning the use or development of real estate made in connection with a Special Exception Special Use, Contingent Use or Conditional Use Approval or a Variance Grant. Notice and Public Opinion Survey

APPLICATION PROCEDURES FOR SITE PLAN REVIEW (includes all forms)

APPLICATION PROCEDURES FOR ZONING AMENDMENT REVIEW (includes all forms)

APPLICATION PROCEDURES FOR A SPECIAL EXCEPTION (includes all forms)

APPLICATION PROCEDURES FOR VARIANCE FROM THE DEVELOPMENT STANDARDS (includes all forms)

APPLICATION PROCEDURES FOR MINOR SUBDIVISION REVIEW (includes all forms)

BUILDING PERMIT APPLICATION

IMPROVEMENT PERMIT FEE SCHEDULE o Residential Structure o Commercial Residential Structure o Planning and Zoning Administrative Fees

ORDINANCE NO.

7-3-3

AN ORDINANCE ESTABLISHING A COMPREHENSIVE ZONING ORDINANCE FOR ALL UNINCORPORATED AREAS OF MORGAN COUNTY, INDIANA,NOT OTHERWISE UNDER THE JURISDICTION OF A MUNICIPAL ADVISORY PLAN COMMISSION DULY AUTHORIZED BY I.C. 36-7-4, AS AMENDED, AND PROVIDING FOR: THE ADMINISTRATION AND ENFORCEMENT THEREOF; ESTABLISHING DISTRICTS FOR AGRICULTURAL, RESIDENTIAL, BUSINESS, INDUSTRIAL,MANUFACTURING AND SPECIAL USES; MINIMUM STANDARDS FOR PHYSICAL IMPROVEMENT TO LAND; AND, CREATING A BOARD OF ZONING APPEALS AND PROVIDING FOR REVIEW OF THE DECISIONS OF SUCH BOARD BY THE COURTS.

WHEREAS, I.C. 36-1-2-9 provides that the Board of Commissioners of the County of Morgan, Indiana, is the legislative body for Morgan County, Indiana; and

WHEREAS, I.C. 36-7-4-600 provides that the legislative body having jurisdiction over a geographic area described in a zoning ordinance has exclusive authority to adopt a zoning ordinance under I.E. 36-7-4-600 et after a comprehensive plan for that geographic area has been approved in accordance with I.C. 36-7-4-500 et; and

WHEREAS, on September 6, 1994 the Board of Commissioners of the County of Morgan, Indiana, adopted a resolution approving the Morgan County Comprehensive Plan in accordance with I.C. 36-7-4- 500 et and

WHEREAS, in accordance with I.C. 36-7-4-600 et the Morgan County Plan Commission conducted a public hearing on February 12,1996 to consider a proposal (the "Proposal") to repeal the existing Morgan County Zoning Ordinance and adopt a replacement Morgan County Zoning Ordinance; and

WHEREAS, the Morgan County Plan Commission certified the Proposal to the Board of Commissioners of the County of Morgan, Indiana, with a favorable recommendation; and

WHEREAS, the Board of Commissioners of the County of Morgan, Indiana, considered the Proposal at its regular meeting on February 19, 1996.

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF MORGAN, INDIANA, IN ACCORDANCE WITH I.C. 36-7-4-600 et AND ALL ACTS AMENDATORY AND SUPPLEMENTAL THERETO, AS FOLLOWS:

SECTION 1

Monrovia Zoning Ordinance

The Town of Monrovia adopted the Morgan County Zoning Ordinance "as is" on February 19, 1996. The Monrovia Zoning Ordinance was Amended on 9-28-2015.

CHAPTER 1. GENERAL PROVISIONS

1.1

Short Title.

This Ordinance, and all amending or supplemental ordinances thereto, shall be known, and may be cited and to as the "Monrovia Zoning Ordinance".

1.2

Purpose.

The zoning regulations, as set forth herein have been established in accordance with the Monrovia Comprehensive Plan in order to promote the public health, safety, comfort, morals, convenience, and general welfare of the citizens of Monrovia, Indiana. They have been designed to lessen or avoid congestion on public ways, to prevent the overcrowding of land; to avoid undue concentration of population to secure adequate light, air, convenience of access and safety from fire, flood and other danger; and to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements. The have been made with reasonable consideration, among things, for the character of district and for its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout Monrovia, Indiana, consistent with the Comprehensive Plan.

1.3

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, convenience and general welfare of the public.

In the case of conflict between two or more provisions of this Ordinance, the provision which imposes the greater or higher standard of performance shall control.

1.4

Conflicts.

Whenever the regulations of this Ordinance require a greater width or size of yards or other open space, a lower height limit greater percentage of open space, a lower density of development, a more restrictive land use, or impose other higher standards than are required by any other lawfully adopted rules, regulations, ordinances, private deed restrictions or, private covenants applicable to those areas of Monrovia which are subject to the jurisdiction of this Ordinance of Monrovia which are set forth in Chapter 1, 24.

1.5

Separability Clause.

If any Chapter, section or provision of this Ordinance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other Chapter, section or provision of this Ordinance.

1.6

Repeal of Conflicting Ordinance.

The Morgan County Zoning Ordinance, as adopted by the Town of Monrovia on February 19, 1996, and all amendments thereto, is hereby repealed. In addition, all other ordinances or parts of other ordinances in conflict with this Ordinance or inconsistent with the provision of this Ordinance are hereby repealed to the extent necessary to give this Ordinance full force and effect.

1.7

Effective Date.

This Ordinance shall be effective on the following dates: 9-28-2015.

1.8

Subdivision.

Plat approval by the Plan Commission shall be required of all subdivisions, as defined in Chapter 2 of this Ordinance, within each zoning district contained in this Ordinance. Subdivision of land may occur within each zoning district contained in this Ordinance.

Any individual lot of record recorded in the Morgan County Recorder's Office prior to the effective date of this Ordinance, which is located in the AG Zoning District, shall be exempt from the requirements of plat approval, Minimum Lot Area requirements specified in the AG Zoning District and the Minimum Lot Width requirement of two-hundred and twenty (220) feet specified in the AG Zoning District, provided that the lot of record has a Minimum Lot Width of two-hundred (200) feet.

1.9

Permits.

No Improvement Location Permit or certificate of Occupancy shall be issued by Staff for any lot, use, building or structure unless said lot, use, building or structure shall be in compliance with the provisions of this Ordinance.

1.10

Nonconforming Uses.

1. It is the intent of this Ordinance to permit legally established nonconforming uses, buildings and structures to continue until the same are removed, but to not encourage their continuation. It is further the intent of this Ordinance that legally established nonconforming uses, buildings and structures shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other buildings, structures or uses otherwise prohibited by the applicable zoning district.

Provided, however, nothing in this Section 1.10.1 shall be construed to prohibit the expansion of a legally established non-conforming single family dwelling or two-family

dwelling in any zoning district contained in this Ordinance or to prohibit the enlargement, expansion, or extension of a legally established nonconforming single family dwelling or two-family dwelling, provided, further, however, that such enlargement, expansion or extension does not increase the extent of nonconformity.

2. If a legally established nonconforming use, building or structure is discontinued or abandoned, any future use of said premises shall be in conformity with the provisions of this Ordinance. Discontinuance of a legally established nonconforming use shall consist of the intent of the user or owner to discontinue a nonconforming use and the actual act of discontinuance. Abandonment of a legally established nonconforming building or structure shall consist of the actual intent of the user or owner to abandon a nonconforming building or structure and the actual act of abandonment.

3. A legally established nonconforming use, building or structure, when discontinued or abandoned, shall not be resumed. When a legally established nonconforming use ceases to be used in such a manner for a period of one (1) year, it shall be considered prima facie evidence of discontinued or abandonment.

1.11

Restoration of Nonconforming Structures.

A legally established nonconforming building or structure may be restored to its original dimensions if damaged or partially destroyed by fire or other disaster provided that the damage or destruction does not exceed two-thirds (2/3) of the gross floor area of said building or structure. However, a legally established nonconforming single family dwelling or a two-family dwelling, shall be allowed to be reconstructed to its original dimensions, without regard to the extent of damage or destruction.

Provided, however, in the case of conflict between the restoration provisions of this Chapter 1.11 and the regulations set forth in Chapter 8. Flood Hazard Areas, the regulations set forth in Chapter 8. Flood Hazard Areas shall control.

1.12

Exceptions for Single Family Subdivisions Recorded Prior to the Effective Date of this Zoning

Ordinance.

Any lot of record recorded in the Morgan County Recorder's Office prior to the effective date of this Ordinance which is zoned and platted for single family dwellings, whether located in land formerly contained in a municipal buffer zone or within the jurisdiction of the Plan Commission, shall be exempt from the development standards requirements of this Ordinance and shall, instead, be subject to the development standards of the zoning district applicable to that lot on the effective date of this Ordinance.

1.13

Exception for Previously Recorded Lots of Record in Business Districts.

Any lot of record recorded in the Morgan County Recorder's Office prior to the effective date of this Ordinance which is initially or is subsequently zoned to any Business District established by this Ordinance and which complied with the Lot Area and Frontage provisions of the Monrovia Zoning Ordinance that was effective on the date of recording of such lot, shall have the required amount of Minimum Public Street Frontage of the applicable Business District reduced to the amount of frontage indicated or the lot of record.

1.14

Division of Lots (Including Parent Parcels and First Parcels) Nonconformance with Ordinance

Requirements.

A lot may be subdivided into two (2) or more lots, provided that all resulting lots and all buildings and structures thereon shall comply with all the applicable provisions of this Ordinance and the Subdivision Regulations for Monrovia. If such a lot, however, is occupied by a legally established nonconforming building or structure, such lot may be subdivided provided that such subdivision does not create a new noncompliance or increase the degree of noncompliance of such building or structure.

1.15

Exceptions for Public and Semi-Public Utilities.

Public or semi-public utilities for waste water treatment or potable water supplies, 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 Morgan 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.

1.16

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 Staff 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 shall determine the appropriate zoning district for any use which is not specifically set forth herein. In case of disagreement with the determination of Staff in assigning a land use to an appropriate zoning district, any aggrieved party may file an appeal before the Board as an Administrative Appeal Petition pursuant to the provisions of Chapter 18 of this Ordinance. If it is (i) determined by the Staff, in agreement with the applicant or (ii) determined by the Board that a particular use is not permitted in any agricultural, residential, business, industrial or manufacturing 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.

1.17

Parking Lot and Security Lighting Adjacent to Residential Districts.

In any Business, Industrial or Manufacturing District, lighting equipment installed for the purpose of illuminating a parking lot area or for the purpose of providing security lighting shall be so located, shielded and directed that the distribution of light is confined to the area to be lighted and prevents any light from spilling onto adjacent residentially zoned property.

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