Division I. General Provisions
Chapter 18.04
GENERAL PROVISIONS
Sections:
18.04.010 Adopted by reference.
18.04.090 Ordinance jurisdictional area.
18.04.120 Administrative officer.
18.04.140 Effect of annexation or vacation on zoning.
18.04.170 Plan Commission certification.
18.04.180 Adoption and effective date.
18.04.010 Adopted by reference.
The unified development ordinance and the replacement zoning map as certified by the Plan Commission are hereby incorporated by reference. [Ord. 1746-2023; Ord. 1286-2008. Code 2000 § 152.01.]
18.04.020 Title.
This title shall be formally known as the “Angola unified development ordinance” and may be cited and referred to as the “zoning ordinance,” “subdivision control ordinance,” or “unified development ordinance.” [Ord. 1746-2023; Ord. 1286-2008. UDO § 1.01.]
18.04.030 Defined words.
Words used in a special sense in this title are defined in Chapter 18.08 AMC, Definitions. [Ord. 1746-2023; Ord. 1286-2008. UDO § 1.02.]
18.04.040 Authority.
This title is adopted by the city pursuant to its authority under the laws of the state of Indiana, IC 36-7-4 et seq. [Ord. 1746-2023; Ord. 1286-2008. UDO § 1.03.]
18.04.050 Purpose.
This title is intended to guide the growth and development of Angola in accordance with the Angola Comprehensive Plan, and for the following purposes:
(A) Basic Rights. To secure adequate light, air, convenience of access, and safety from fire, flood, and other dangers, which may include providing adequate open spaces for light, air, and outdoor uses.
(B) General Welfare. To promote the public health, safety, morals, comfort, convenience, and general welfare.
(C) Development and Growth. To promote the orderly, responsible, and beneficial development and growth of the areas within the planning jurisdiction in accordance with Angola land use policy.
(D) Character. To protect and stabilize the character of agricultural, residential, institutional, commercial, industrial, and natural areas.
(E) Circulation Safety. To minimize or avoid traffic congestion on public streets and to ensure safe, convenient, and efficient traffic circulation. To promote safe and convenient alternative modes of transportation including pedestrian and bicyclist.
(F) Environmental Integrity. To preserve and enhance the scenic beauty, aesthetics, and environmental integrity of the planning jurisdiction.
(G) Compatibility. To bring about compatibility between different land uses and to protect the scale and character of existing development from the encroachment of incompatible uses.
(H) Intensity and Use. To regulate and restrict the intensity and use of buildings, structures, and land for business, industry, residence, and other uses.
(I) Public Service. To define the powers and duties of administrative officers and bodies, and to establish procedures for the implementation and enforcement of this title.
(J) Compliance. To require ongoing compliance and punitive recourse for noncompliance regarding the provisions of this title. [Ord. 1746-2023; Ord. 1286-2008. UDO § 1.04.]
18.04.060 Compliance.
No structure shall be located, erected, constructed, reconstructed, moved, altered, converted, enlarged, or used, nor shall any piece of land be used or altered, nor shall any existing use be expanded except when in full compliance with all provisions of this title and the permits and certificates required by this title have been lawfully issued. For regulations regarding existing nonconforming structures, see Chapter 18.184 AMC, Nonconformances. [Ord. 1746-2023; Ord. 1286-2008. UDO § 1.05.]
18.04.070 Severability.
If any provision or the application of any provision of this title is held unconstitutional or invalid by the courts, the remainder of this title or the application of such provision to other circumstances shall not be affected. [Ord. 1746-2023; Ord. 1286-2008. UDO § 1.06.]
18.04.080 Interpretation.
(A) Minimum Requirements. The provisions of this title are the minimum requirements necessary for the protection of the health, safety, comfort, morals, convenience, and general welfare of the people at large.
(B) Conflict or Inconsistency.
(1) Internal. Unless otherwise specifically stated within this title, if two or more provisions of this title are in conflict or are inconsistent with one another, then the most restrictive provision shall apply.
(2) Federal, State and Local.
(a) Whenever a provision of this title imposes a greater restriction or a higher standard than is required by any state or federal code or regulation, or other city ordinance or regulation, the provision of this title shall apply. This provision shall have no effect on whether a project is to be reviewed or whether a permit is required.
(b) Whenever a provision of any state or federal code or regulation or other city ordinance or regulation imposes a greater restriction or a higher standard than is required by this title, the provision of the state or federal code or regulation, or other city ordinance or regulation, shall apply. This provision shall have no effect on whether a project is to be reviewed or whether a permit is required.
(c) Whenever it is unlawful for the city to impose stricter or different provisions than which are regulated by the state or federal code or regulation, the state or federal code or regulation shall apply. This provision shall have no effect on the requirements for permits at the federal, state or local level.
(3) Other. Whenever a private covenant, contract, commitment, agreement, or other similar private land use regulation imposes a greater restriction or a higher standard than is required by a provision of this title, the city is not obligated to enforce the provisions of such private covenants, contracts, commitments, agreements, or other similar regulations.
(C) Text. If differences are found between the meaning or implication of any drawing, table, figure, title, or section heading, the text of this title shall apply.
(D) Time Frames. Unless specifically noted otherwise, time frames stated within this title shall be calculated to include weekdays, weekends, and holidays. If a time frame ends on a Saturday, Sunday, or holiday that the city offices are closed, the time frame will be extended to the end of the next business day.
(E) Delegation of Authority. If a provision in this title requires the Zoning Administrator or other city officer to perform an act or duty, that provision shall also include any person working under the authority and supervision of the Zoning Administrator or other city officer unless specified otherwise.
(F) Mandatory and Permissive Terms. The words “shall” or “must” are always mandatory. The words “may” or “should” are always permissive.
(G) Words Used. If words used in this title are not defined in Chapter 18.08 AMC, Definitions, they shall be construed to be the common usage of the language. Any legal or technical words not defined in this title shall be construed to be as defined by appropriate lexicon or current and common dictionary.
(H) Tense. If words are used in a specific tense (past, future, or present) it shall be construed to include all tenses, unless the context clearly indicates a single tense.
(I) Singular and Plural Form. If words are used in singular form, the plural form shall apply and vice versa, unless the context clearly indicates the contrary.
(J) Gender. If a feminine term is used, the masculine shall also apply and vice versa.
(K) Conjunctions. The word “and” shall be construed to include all connected items in a series, conditions, and provisions. The word “or” shall be construed to include one or more of the items in a series, conditions, and provisions, unless the context clearly suggests the contrary.
(L) Rounding. If a formula is used within this title and results in a nonwhole number of an indivisible object or feature, the nonwhole number shall be rounded to the next highest whole number. [Ord. 1746-2023; Ord. 1286-2008. UDO § 1.07.]
18.04.090 Ordinance jurisdictional area.
This title applies to all land within the city limits of Angola, Indiana, and its extraterritorial jurisdiction. [Ord. 1746-2023; Ord. 1286-2008. UDO § 1.08.]
18.04.100 Repealer.
The following City of Angola ordinances are hereby repealed and are replaced by this title and official zoning map:
(A) Zoning Ordinance. The City of Angola Zoning Ordinance of November 16, 1987, Ordinance No. 741, Title XV, Chapter 153 as amended, and its associated zoning map.
(B) Subdivision Control. The City of Angola Subdivision Control Ordinance of November 16, 1987, Ordinance No. 741, Title XV, Chapter 152 as amended.
(C) Floodplain Ordinance. The City of Angola Flood Hazard Prevention Ordinance passed in 1992, Ordinance No. 835, Title XV, Chapter 151 as amended. [Ord. 1746-2023; Ord. 1286-2008. UDO § 1.09.]
18.04.110 Transition rules.
(A) Plan Commission. Any application (e.g., development plan review, primary plat, etc.) filed with the Plan Commission that is full and complete prior to the effective date of the ordinance codified in this title shall be regulated by the terms and conditions of the zoning ordinance and/or subdivision control ordinance that were in place at the time of filing. However, all administrative procedures and fees shall follow those established in this title.
(B) Rezone. Any application for a zoning map amendment (rezone) filed with the Plan Commission that is full and complete prior to the effective date of the ordinance codified in this title shall continue through the process to completion pursuant to the terms and conditions of the zoning ordinance that was in place at the time of filing. However, if there is a specific use for which the rezone was proposed, and that use would no longer be permitted in the proposed zoning district, or if the proposed zoning district no longer exists under this title, the Zoning Administrator shall amend the application such that the request for rezoning would accomplish the same end goal for the applicant.
(C) Board of Zoning Appeals. Any application (e.g., development standards variance, administrative appeal, etc.) filed with the Board of Zoning Appeals that is full and complete prior to the effective date of the ordinance codified in this title shall continue the process pursuant to the terms and conditions of the zoning ordinance that were in place at the time of filing; provided, that:
(1) Required. The application is still required by the terms of this title; or
(2) Additional Approvals. If the proposed use or development requires additional approvals from the Board of Zoning Appeals pursuant to the terms of this title that were not required under the previous ordinances, the application will be amended to include only those additional approvals that are now required and within the jurisdiction of the Board of Zoning Appeals.
(D) Planned Development.
(1) Detailed Development Plan. A detailed development plan for a planned development zoning district filed with the Plan Commission that is full and complete prior to the adoption of an amendment to the PD district ordinance and/or concept plan shall continue the process pursuant to the terms and conditions of the PD district ordinance and/or concept plan in place prior to the amendment.
(2) Final Development Plan. A final development plan for a planned development zoning district filed with the Plan Commission that is full and complete prior to the adoption of an amendment to the PD district ordinance and/or concept plan shall continue the process pursuant to the terms and conditions of the PD district ordinance and/or concept plan in place prior to the amendment. If the final development plan is compliant with a detailed development plan that was approved prior to the adoption of such amendment to the PD district ordinance and/or concept plan, then the final development plan may be considered for approval utilizing the same standards that applied to the detailed development plan.
(E) Building Sites. All new building sites shall meet the requirements of this title unless:
(1) Building Permit. A complete building permit application was filed and is still valid; or
(2) Improvement Location Permit. A complete improvement location permit application was filed and is still valid; or
(3) Buildable Lot. A parcel was approved as a buildable lot by the Plan Commission (valid primary or secondary plat) or the Board of Zoning Appeals (valid development standards variance) prior to the effective date of the ordinance codified in this title; or
(4) Primary Plat. A complete and valid primary plat application has been filed with the Plan Commission prior to the effective date of the ordinance codified in this title. [Ord. 1746-2023; Ord. 1286-2008. UDO § 1.10.]
18.04.120 Administrative officer.
The Zoning Administrator shall have the primary responsibility for administration and enforcement (or coordination of enforcement) of this title within the city’s zoning jurisdiction. [Ord. 1746-2023; Ord. 1286-2008. UDO § 1.11.]
18.04.130 Saving provision.
This title shall not be construed as eliminating or reducing any action now pending under, or by virtue of, an existing law or previous zoning ordinance, subdivision control ordinance, or related ordinance. This title shall not be construed as discontinuing, reducing, modifying or altering any penalty accruing or about to accrue. [Ord. 1746-2023; Ord. 1286-2008. UDO § 1.12.]
18.04.140 Effect of annexation or vacation on zoning.
The Plan Commission shall be guided by the principles and directives of the Angola Comprehensive Plan and this title in making recommendations to the Common Council regarding zoning district classifications for newly annexed areas. [Ord. 1746-2023; Ord. 1286-2008. UDO § 1.13.]
18.04.150 Statutory changes.
Whenever Indiana Code cited in this title has been amended or superseded, this title shall be deemed amended in reference to the new or revised code. [Ord. 1746-2023; Ord. 1286-2008. UDO § 1.14.]
18.04.160 References.
Whenever any agency, department, position, document, map, or publication referenced in this title changes, the new or substitute agency, department, position, document, map, or publication shall be deemed incorporated into this title. [Ord. 1746-2023; Ord. 1286-2008. UDO § 1.15.]
18.04.170 Plan Commission certification.
The ordinance codified in this title was certified with a favorable recommendation for adoption April 14, 2008, by the Angola Plan Commission after holding a legally announced public hearing. [Ord. 1746-2023; Ord. 1286-2008. UDO § 1.27.]
18.04.180 Adoption and effective date.
The ordinance codified in this title shall become effective 30 calendar days after its passage by the Common Council. Adopted by the Common Council of Angola, Indiana, on May 19, 2008. [Ord. 1746-2023; Ord. 1286-2008. UDO § 1.28.]