(A) General. The zones referred to in § 152.051 and their boundaries, are shown upon maps which are hereby made a part of this chapter. Such maps are designated as the “Zone Maps for the City of Austin, Indiana.” The maps and all notations, references, and other information shown thereon shall be as much a part of this chapter as if matters set in them were all fully described in this chapter.
(B) Identification and recording. All city zone maps shall be identified by the signature of the President of the City Council, and shall be attested by the City Clerk-Treasurer and shall bear the seal of the city. Following the adoption of the city maps by the proper legislative authority, a copy of this chapter, inclusive of zone maps, shall be filed with the City Clerk-Treasurer, and the Recorder of the County of Scott, Indiana.
(C) Zone boundaries. Where any property is indicated in the zone maps as acreage and is not subdivided into lots, or where a zone boundary line shall be determined by using the scale shown on the map, zone boundaries are intended to follow lot lines, property lines, railroad right-of-ways, city and county limits, shore lines, lines of streams, canals, lakes or other bodies of water. Where a boundary divides a lot which was in single ownership at the time of the enactment of this chapter, the zone applying to the larger portion of the lot shall be considered as extending to the entire lot. If each portion of the lot is equal in size, then the most restrictive zone shall apply to both portions of the divided lot.
(D) Restoration. In the event any official zone map may become damaged, destroyed, lost, or difficult to interpret due to physical deterioration or the nature and number of changes made, the City Council may by ordinance and after public hearing adopt a new official zone map.
(E) Changes. No changes shall be made to the zone maps of the city except in full conformity with the procedures set forth in this chapter. Zone maps shall be revised every year in December, and all zone changes officially adopted by the proper governmental body shall be incorporated on the maps. The maps as updated shall be submitted to the Plan Commission for its consideration. If the Commission is satisfied that the changes are correct, it shall forward the maps to the City Council for adoption. Once adopted, a copy of the updated maps shall be filed with the City Clerk-Treasurer and the Recorder of the County of Scott, Indiana.
(F) Street vacation. Whenever a street, road, alley, railroad right-of-way, or other public way is officially vacated, the zones on each side of such vacated way shall be extended to the center of such street, road, alley, railroad right-of-way, or public way. This change shall be automatically achieved and shall not require following procedures established in this chapter for proposed zone changes.
(G) Annexation. Any territory officially annexed to the city shall retain the same zone or zones as it had when the territory was unincorporated.
(H) Similar uses. Similar uses to those permitted in each zone may be allowable. Whether a certain use is similar to a use listed in a specific zone, such similarity shall be determined by the Plan Commission under established procedures.
(I) Procedural. Each proposed zoning change referred to the City Council shall set forth the exact use, for which the petitioner is requesting the change. If the City Council acts favorably on the requested change, such change shall be only for the specific use requested by the petitioner and for no other use. Should the petitioner wish to change the use from the use originally granted but within the same general zone, he or she shall submit a new petition and follow established procedures as for a new change in zoning.
(1) Should the petitioner to whom a zone change is granted for a specific use fail to begin construction or installation of a use approved by the City Council within one year after the passage of the change of zone, the Zoning Officer shall the inform the City Council, which may initiate the proceedings to rezone the property subject of the zone change to its original classification.
(2) Within 60 days prior to the expiration of the one-year period, the petitioner may present the City Council with a bill of particulars setting forth reasons for failure to commence construction or use. The City Council may consider said reasons in deciding whether or not to initiate a change in zone as herein provided.
(Ord. 1991-07, passed 1-7-1991)