(A) Official zoning map. The zoning map for Hancock County in effect on the date of adoption of this chapter, officially labeled "Official Hancock County, Indiana Zoning Map", is hereby included as part of this chapter. The map may also be known and referred to as the official zoning map and as the zoning map. The official zoning map shall include the ordinance number by which it was adopted and the date of adoption.
(B) Official zoning map copies. Copies of the official zoning map may be made and distributed to interested persons. The official zoning map copies shall be labeled as copies and have the date which they were last modified printed on them. A fee may be established for the purchase of official zoning map copies.
(C) Location of the official zoning map. The official zoning map will be located in the office of the Hancock County Area Plan Commission.
(D) Zoning district boundaries and identification. The zoning district boundaries shall be as shown on the official zoning map. The abbreviations for the zoning districts appearing in this chapter shall be used to identify the zoning districts on the official zoning map. Planned unit developments shall be indicated on the official zoning map using the three-digit "PUD" abbreviation and the ordinance number by which each PUD is created. Rezonings that include conditions, commitments or restrictions shall be noted as such.
(E) Regular revisions. The official zoning map should be formally revised annually, or otherwise as the Plan Commission determines necessary.
(1) Zoning map amendments. A notation on the official zoning map shall be made within two business days of the effective date of any approved ordinance making a zoning map amendment. The notation shall be made either electronically or through a permanent-pen hand-written note. The notation shall include the ordinance number by which the change was approved and the date of the approval by the appropriate legislative body.
(2) Errors and omissions. Other revisions may be made to correct drafting or other errors or omissions in the zoning map, but shall not have the effect of amending the map.
(F) Damaged, destroyed, or lost official zoning map. In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret, the Board of County Commissioners may, by ordinance, adopt a new official zoning map which shall, to the extent possible, duplicate the accuracy of the damaged, destroyed or lost or completely destroyed, it or any significant parts shall be preserved, together with any available records of its adoption and amendment.
(G) Interpretation standards. Zoning district boundaries on the official zoning map shall be interpreted as follows:
(1) Streets and easements. Zoning district boundaries shown within the lines of roads, easements, and transportation rights-of-way shall be deemed to follow the center lines.
(2) Property lines. Zoning district boundaries indicated as following section or fractional sectional lines, platted lot lines, or municipal corporation lines shall be construed as following such lines.
(3) Bodies of water. Zoning district boundaries indicated as approximately following the center line of streams, rivers, or other bodies of water shall be construed to follow such center lines. Boundaries indicated as following shore lines shall be construed as moving with any change in the actual shore line.
(4) Divided lots. When a zoning district boundary line divides a lot or parcel, the Planning Director shall determine the applicable zoning district. The Planning Director may require a rezone or replat of the site if any portion of a construction or development proposal overlaps two or more zoning districts. The petitioner shall be responsible for filing the appropriate forms and for paying the appropriate filing fees to rezone or replat the lot or parcel. If a portion of a lot or parcel is in an overlay district, the the entire lot or parcel shall be deemed as being within the overlay district.
(5) Extensions of lines. Zoning district boundaries indicated as parallel to or extensions of the features listed in divisions (G)(1) through (4) above shall be construed as so.
(H) Interpretation procedure. The Planning Director shall determine the applicable zoning for each property in the Plan Commission's jurisdiction as described in divisions (G)(1) through (5) above.
(1) Appeals of Planning Director interpretations. Any ruling of the Planning Director pertaining to the district boundaries may be appealed to the Board of Zoning Appeals.
(2) Plan Commission interpretation required. If the Planning Director cannot definitely determine the location of a district boundary, immediate action on any affected application shall be delayed until such time when the Plan Commission determines the zoning district boundary and the Plan Commission shall interpret the location of the district boundary with reference to the scale of the official zoning map and the purposes set forth in all relevant provisions of this chapter. This interpretation may occur as part of a regular or special Plan Commission meeting and does not require a public hearing. Decisions of the Plan Commission may not be appealed to the Board of Zoning Appeals, but may be appealed to a court of jurisdiction.
(I) Effect of vacation on zoning. Whenever any street, alley, public way, railroad right-of-way, waterway, or other similar area is vacated by the proper authority, the zoning districts adjoining each side of vacated areas shall be extended automatically to the center of the vacated area. All areas included in the vacation shall then be subject to all regulations of the extended zoning districts. In the event of a partial vacation, the adjoining zoning district, or zoning district nearest the portion vacated, shall be extended automatically to include all of the vacated area.
(Ord. 2007-1B, passed 2-5-07)