(A) The Elkhart County Plan Commission is hereby designated as the municipal plan commission for the town. Further, the Elkhart County Board of Zoning Appeals has jurisdiction within the corporate boundaries of the town. The Elkhart County Plan Commission and the Elkhart County Board of Zoning Appeals as so designated have for the town all the powers and duties granted, under the Advisory Planning Law, to a municipal plan commission and board of zoning appeals.
(B) All planning and zoning ordinances and all policies and procedures heretofore adopted, and now in force and effect by the Elkhart County Plan Commission, the Elkhart County Board of Zoning Appeals, and the Board of Commissioners of Elkhart County as the legislative body of Elkhart County, to include a Comprehensive Plan, Zoning Ordinance, and Subdivision Control Ordinance, be; and the same hereby are, approved by the town and made binding upon all real estate situated therein.
(C) All planning and zoning ordinances and all policies and procedures hereafter adopted, and hereafter placed in force and effect by the Elkhart County Plan Commission, the Elkhart County Board of Zoning Appeals, and the Board of Commissioners of Elkhart County as the legislative body of Elkhart County, to include changes, revisions, and amendments of the Comprehensive Plan, Zoning Ordinance, and Subdivision Control Ordinance, be; and the same hereby will be, binding upon the town and all real estate situated therein, upon approval thereof by the town.
(D) The legislative function of dividing the town into zoning districts and approving zoning maps, as provided in the Elkhart County Zoning Ordinance, shall be retained and carried out by the Town Council consistent with the rules, regulations, and ordinances otherwise adopted by or for the Elkhart County Plan Commission and the Elkhart County Board of Zoning Appeals; further, that all such zoning districts and zoning maps heretofore adopted by the Town Council of the town be, and the same are, hereby continued in full force and effect until amended or repealed by action of the Town Council taken under authority of the advisory local planning and zoning laws of the state.
(E) The Town Council reserves the right, ability, and authority to establish and promulgate rules, regulations, and standards pertaining to streets, curbs, water, sewer, drainage, and other utility and municipal services for real estate situated within the corporate limits of the town.
(Ord. 676, passed 11-7-2022)