The Town of McCordsville is divided into zoning district classifications as described and defined in this chapter and as shown on the Zoning Map. The Zoning Map, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.
(A) Identification. The Official Zoning Map shall be identified by the signature of the President of the Plan Commission and attested by the Administrative Officer under the following words: "This is to certify that this is the Official Zoning Map of McCordsville, Indiana, adopted, and hereby supersedes and replaces any and all previous zoning maps." The Official Zoning Map shall also include the ordinance number by which it was adopted, the date of adoption, and the dates of any subsequent amendments.
(B) Location. The Official Zoning Map shall hereafter be kept in the custody of the Administrative Officer, or his or her designee. Regardless of the existence of purported copies of the Zoning Map which may from time to time be made or published, the Official Zoning Map located in the office of the Administrative Officer, or his or her designee, shall be the final authority as to the current zoning statutes of land and water areas, buildings, and other structures within the jurisdiction of the Plan Commission.
(C) Copies. Copies of the Official Zoning Map may be made and distributed to interested persons. All copies of the Zoning Map shall be labeled as copies and include the date on which it was obtained. A fee may be established for the purchase of Zoning Map copies.
(D) Amendment or replacement. No changes of any nature shall be made on the Official Zoning Map except in compliance with the procedures set forth in §§ 154.020 through 154.025, Administration. Any unauthorized change by any property owner(s) or person(s) shall be considered a violation of this chapter.
(1) Amendment (rezoning). Upon the passage of a map amendment (rezoning), the Town Council shall certify a copy of the amendment to the Administrative Officer. The Administrative Officer, or his or her designee, shall cause the change to be made to the Official Zoning Map in accordance with the amendment. The Administrative Officer, or his or her designee, shall cause the Official Zoning Map to show a notation, either electronically or through a permanent-pen hand written note, identifying the ordinance number, ordinance title, and date of adoption by the Town Council.
(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.
(3) Replacement. In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the Plan Commission may, by resolution, recommend to the Town Council adoption of a new Official Zoning Map which shall supersede the prior map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map. The replacement map shall be identified by the signature of the President of the Plan Commission and attested by the Administrative Officer under the following words: "This is to certify that this is the Official Zoning Map of McCordsville, Indiana, and hereby supersedes and replaces all previous zoning maps."
(4) Preservation of the prior Official Zoning Map. Unless the prior map has been lost or completely destroyed, it or any significant parts shall be preserved, together with any available records of its adoption and amendment.
(E) Interpretation of district boundaries.
(1) Interpretation procedures.
(a) Administrative Officer interpretation. The Administrative Officer, or his or her designee, shall determine the applicable zoning for each property in the Plan Commission's jurisdiction. Any decision of the Administrative Officer may be appealed to the Board of Zoning Appeals.
(b) Plan Commission interpretation provision.. In the event that the Administrative Officer cannot definitively 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. 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 shall 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 competent jurisdiction.
(2) Interpretation standards. Zoning district boundaries illustrated on the Official Zoning Map shall be interpreted as follows:
(a) Streets and easements. Boundaries shown within the lines of roads, easements, and transportation rights-of-way shall be deemed to follow the centerlines.
(b) Property lines. Boundaries indicated as following section or fractional sectional lines, platted lot lines, or municipal corporation limits shall be construed to follow such lines.
(c) Bodies of water. 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 a shore line shall be construed as moving with any change in the actual shore line.
(d) Divided lots. In the event that a boundary line divides a lot or parcel, the Administrative Officer, or his or her designee, shall determine the applicable zoning district. If a portion of a lot or parcel is in an overlay district, the entire lot or parcel shall be deemed as being within the overlay district. The Administrative Officer 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 applying the appropriate filing fees to rezone or replat the lot or parcel.
(e) Extensions of lines. Boundaries indicated as parallel to or extensions of the features listed above in divisions (a) through (d) above shall be construed as such.
(f) The Conservation and Flood Plain Overlay District boundaries. Boundaries of the Conservation and Flood Plain Overlay District shall coincide with the boundaries as documented on the Flood Insurance Rate Maps for Hancock County, Indiana.
(3) Effect of vacation on zoning district boundaries. Whenever any street, alley, public way, railroad right-of-way, or other similar area is vacated by the proper authority, the adjoining zoning districts shall be extended automatically to the center of the vacated area. All areas included in the vacation shall then be subject to all applicable regulations of the extended zoning district. In the event of a partial vacation, the adjoining zoning district, or the zoning district nearest the portion vacated, shall be extended automatically to include all of the vacated area.
(Ord. 121410, passed 1-11-2011)