§ 157.02. ESTABLISHMENT OF IMPACT ZONE.

(A) There is hereby established one Infrastructure Impact Zone, the boundaries of which are co-terminus with the existing corporate boundaries of the Town of Cicero, Indiana, and, as they may be extended from time to time through annexation, and over which the Town of Cicero exercises planning and zoning jurisdiction. In this regard, the Town Council specifically finds that there is a functional relationship between the components of the Plan and that such Park and Recreational Plan provides a reasonably uniform benefit to all citizens throughout the Impact Zone as of the adoption of this chapter. The Town Council further finds that all areas within the Impact Zone are contiguous as required by I.C. 36-7-4-1316. Except as provided herein, this chapter shall apply uniformly to all residential developments within the Impact Zone hereby established for which the town may require a structural building permit and which creates a need for new and additional park and recreational infrastructure.

(B) This chapter shall not apply to:

(1) Developments meeting the requirements set forth in I.C. 36-7-4-1322(g);

(2) Improvements which do not require a structural building permit;

(3) Improvements which do not create a need for new and additional infrastructure, including the erection of a sign, construction of accessory buildings, structures, or fences or the alteration, interior and/or exterior renovation, or expansion of an improvement where the use, or intensity thereof, has not changed;

(4) The replacement of a destroyed or partially destroyed improvement, provided that the replacement improvement does not create a need for new and additional infrastructure over and above the infrastructure needed by the original improvement prior to the destruction or partial destruction thereof; or

(5) Nonresidential development.

(Ord. 10-16-2007-3, passed 12-18-07; Am. Ord. 12-18-2012-3, passed 12-18-12)