(A) Title. The official title of this chapter is the “Zoning Ordinance of Clark County, Indiana”.
(B) Authority. This chapter is adopted pursuant to Public Law 309, Acts of 1981 of the General Assembly of Indiana, being I.C. 36-7-4, and all acts supplemental and amendatory thereto.
(C) Compliance. No structure shall be located, erected, constructed, reconstructed, moved, converted or enlarged; nor shall any structure or land be used or designed to be used, except in full compliance with all provisions of this chapter and after lawful issuance of permits required by this chapter.
(D) Application. It is not intended by this chapter to interfere with, abrogate or amend any existing easements, covenants or other agreements between parties, nor is it intended by this chapter to repeal, abrogate, annul or in any way interfere with any existing provisions of laws or ordinances not specifically repealed by this chapter, or any rules, regulations or permits previously adopted or issued pursuant to law relating to the use of buildings or premises provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises than is imposed by existing provisions, provisions of this chapter shall control. This chapter shall not affect valid private covenants.
(E) Jurisdiction. This chapter shall apply to all unincorporated land within the county, but including all of the Town of Borden.
(F) Nonconforming structures and uses. A nonconforming structure or use lawfully existing prior to the effective date of this division (F) may be continued and maintained except as otherwise provided in this section. A nonconforming structure may be repaired in the interior or exterior or altered in the interior, provided no structural change shall be made except as herein provided. No nonconforming structure shall be moved in whole or in part to any other location on the lot on which it is located unless every portion of the structure is made to conform to all requirements of the district in which it is located. A nonconforming use may be changed only to a use within the same or a more restrictive zoning district classification, provided any nonconforming structure is not expanded. A nonconforming use shall not be expanded or extended into any other portion of a structure or into any other portion of such lot. Whenever a nonconforming use has been discontinued for a period of six months, such use shall not be reestablished and use thereafter shall conform to the requirements of this chapter. No structure which has been damaged by fire, explosion, act of God or other casualty, to the extent of 50% or more of its fair market value, shall be restored, repaired or rebuilt except in conformity with the provisions of this chapter.
(G) A nonconforming structure or use located in the path of the march 2, 2012 tornado buffer zone as shown on the Clark County GIS map may be continued, maintained, repaired, rebuilt, reconstructed, and/or restored so long as:
(1) The nonconforming structure or use lawfully existed on March 2, 2012;
(2) The owner of the land obtains a location improvement permit on or before December 31, 2012; and
(3) The structure was damaged or destroyed by the March 2, 2012 tornado;
(4) The owner complies with the applicable state and federal laws, rules and regulations.
(Ord. 17-2007, passed 12-18-2007; Ord. 15-2012, passed 4-12-2012)