(A) Jurisdiction. The provisions, standards and regulations of this chapter shall apply to all land within the Town of McCordsville, Indiana.
(B) Applicability. No structure shall be located, erected, constructed, reconstructed, moved, altered, converted, or enlarged; nor shall any structure or land be used or existing use be expanded, except in full compliance with all of the provisions of this chapter and after the lawful issuance of all permits and certificates required by this chapter. This chapter, unless otherwise noted, shall apply to all public, private, and institutional development with the following exceptions:
(1) Renovations of buildings in existence as of the effective date of this chapter; and
(2) All improvement location permits, variances, special exceptions, planned unit developments, and plats approved prior to the effective date of this chapter.
(C) Minimum requirements. The provisions of this chapter are designed to encourage the establishment and maintenance of reasonable community standards for the physical environment. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare of the people at large.
(D) Conflicting provisions.
(1) Zoning ordinance provisions. If two or more provisions within this chapter conflict, or are otherwise inconsistent with one another, then the provision which is most restrictive, or imposes higher standards, shall govern.
(2) Public provisions. These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other ordinance, rule or regulation, or other provision of law, those provisions which are more restrictive or impose higher standards shall govern.
(3) Private provisions. These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of these regulations are more restrictive or impose higher standards or regulations than any easement, covenant, or other private agreement or restriction, the requirements of these regulations shall govern. Where the provisions of the easement, covenant, or private agreement or restriction impose duties and obligations more restrictive, or impose higher standards than the requirements of these regulations or the determinations of the Town Council, Plan Commission or Board of Zoning Appeals as appropriate in enforcing these regulations, and the private provisions are not inconsistent with these regulations or determinations hereunder, then the private provisions shall be operative and supplemental to these regulations, or the determinations made there under. Private provisions shall only be enforced privately.
(E) Severability. If any part or provision of these regulations or application thereof to any property owner(s) or circumstances is judged invalid by any court of competent jurisdiction, the judgment having been rendered shall not affect or impair the validity of the remainder of these regulations or the application thereof to other property owner(s) or circumstances. The Town Council hereby declares that it would have enacted the remainder of these regulations even without any part, provision or application. Failure to enforce any portion of this code on any particular occasion shall not be deemed a waiver of any other or the same or similar provision enforced on any other occasion.
(F) Saving provision. Except as expressly provided for herein, this chapter shall not be construed as either:
(1) Abating any action now pending under or by virtue of any preexisting ordinance;
(2) Discontinuing, abating, modifying, or altering any penalty accruing or about to accrue;
(3) Affecting the liability of any property owner(s), firm, or corporation;
(4) Waiving any right of a participating jurisdiction under any section or provision existing at the time of the effective date of this chapter; or
(5) Vacating or annulling any rights obtained by any property owner(s), firm, or corporation, by lawful action of the participating jurisdictions or administrative bodies thereof.
(G) Exclusion. Nothing in this chapter or in any rules, regulations or orders issued pursuant to this chapter shall be deemed to restrict or regulate or to authorize any unit of government, Town Council, Plan Commission or Board of Zoning Appeals now or hereafter established, to restrict or regulate the exercise of the power of eminent domain by the state or by any state agency, or the use of property owned or occupied by the state or any state agency.
(Ord. 121410, passed 1-11-2011)