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(A) General. The provisions of this chapter shall be minimum requirements. This chapter is not intended to abrogate any law, easement, covenant, or private agreement. Whenever the regulations provided in this chapter impose greater restrictions on the character of the use of buildings or lands than are imposed under any other law of the state, then the regulations established by virtue of this chapter shall prevail only if they assure the promotion of the health, safety, convenience, and welfare of the citizens.
(B) Historic buildings and districts. Where preservation of existing conditions or restoration to original conditions consistent with the intent of an historic restoration project would constitute violations of the provisions of this chapter, a building on the National Register of Historic Places, a building within an established Historic District of the city, or other declared landmark of the state shall be exempt from such requirements that conflict with historic accuracy.
(Ord. 1991-07, passed 1-7-1991)
The provisions of this chapter are separable. If any court of competent jurisdiction shall adjudge any of its provisions to be invalid, such judgment shall not affect any other provisions not specifically included in said judgment. If any court of competent jurisdiction shall adjudge invalid the application of any provisions of this chapter to a particular property, building, or other structure, such judgment shall not affect the application of said provisions to any other property, building, or structure not specifically included in said judgment.
(Ord. 1991-07, passed 1-7-1991)
(A) Status of previous ordinances. Any and all ordinances passed by the City Council under the provisions of Chapter 7, §§ 53-701 through 53-795 and §§ 53-801 through 53-810 of the Burns Indiana Statutes previous to the enactment of this chapter are deemed repealed, specifically City Ordinance No. 9-17-1980, entitled Zoning Ordinance and Ordinance No. 4-88-4, entitled An Amendment to Zoning Ordinance are hereby repealed effective with the enactment of this chapter.
(B) Status of previous actions.
(1) Building permits. Where a building permit for a building of structure has been issued in accordance with existing laws prior to the enactment of this chapter, said building or structure may be completed according to the approved plans upon which the building permit was issued, provided construction is begun within 90 days after the enactment of this chapter and diligently pursued to completion. Such building or structure may, upon completion, be occupied under a certificate of occupancy by the use for which it was originally designated.
(2) Variances: exceptions: special uses. Where the city Board of Zoning Appeals has granted a variance, exception, or special use prior to the enactment of this chapter, the permitted variance, exception, or special use shall be implemented within 90 days from the granting thereof and pursued diligently to completion; otherwise, the granting of such variance, exception, or special use is automatically revoked.
(Ord. 1991-07, passed 1-7-1991)
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