(A) This chapter shall be known and may be cited as the Ordinance Establishing Zoning and Subdivision Regulations for the Town of Beverly Shores, Indiana.
(B) This chapter is adopted in connection with and as a chapter for the enforcement of the Comprehensive Plan adopted by the Plan Commission and Town Council of the Town of Beverly Shores, Indiana. In administering this chapter and its various provisions, the persons or board charged with the enforcement of the Zoning Chapter shall be guided by and give due consideration to the following concerns:
(1) To promote the public health, safety, comfort, morals and general welfare of the Town of Beverly Shores in light of the town's reliance on private wells and septic systems and the lack of a tax base for a public water and sewer system in the foreseeable future;
(2) To conserve the values of property throughout the Town of Beverly Shores and to preserve the character, ambience and stability of residential areas and to ensure that landscape continues to be generally dominate over the improvements;
(3) To encourage the conservation of natural contours, vegetation, wildlife and all the scenic qualities of the area of the sand dunes and all associated and related geographical elements which are so unique and valuable to the balance of nature. The special value of Beverly Shores is that it is one of the few towns which contains beautiful and unique ecological specimens;
(4) To provide adequate light, air, privacy and convenience of access to property and safety from flood, fire and other dangers;
(5) To lessen or avoid congestion on the public streets and highways in the Town of Beverly Shores and surrounding areas;
(6) To regulate and restrict the location and use of buildings, structures and lands to residences, buildings and other uses, and to restrict the intensity of those uses and to maintain an appropriate balance between building scale and the local environmental setting;
(7) To divide the Town of Beverly Shores into districts of a number, shape and area according to the use of land and buildings, as may be deemed best suited to carry out the purpose of this chapter;
(8) To prohibit locations and uses of buildings or structures and uses of land that are incompatible with the type of development planned for specific zoning districts in the Town of Beverly Shores;
(9) To prevent additions to and alterations or remodeling of existing buildings or structures in a way so as to avoid the restrictions and limitations lawfully imposed herein under;
(10) To protect against fire, explosion, noxious fumes and other dangers;
(11) To fix reasonable standards to which buildings and structures shall conform;
(12) To provide for the gradual elimination of those uses that would not be permitted in the district in which they are located and are adversely affecting the orderly and beneficial development of the Town of Beverly Shores;
(13) To define and limit the powers and duties of administrative officers and bodies as herein provided;
(14) To prescribe penalties for the violation and provide methods for the enforcement of the provisions of this chapter or any amendment thereto; and
(15) To give special consideration to the unique character of Beverly Shores resulting from the combination of private and public land within the town boundaries.
(C) In their interpretation and application, the provisions of this chapter shall be held to establish minimum requirements, adopted for the promotion of the public health, safety and the general welfare. Wherever the requirements of this chapter are at variance or in any other way conflict with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive, or that imposing the higher standards, shall govern.
(Ord. 208, passed 12-19-1983)