(A) Purpose. This code is enacted for the purposes of promoting the public health, safety, comfort, morals, convenience, and general welfare; lessening or avoiding congestion in public ways; and securing adequate light, and convenience of access and safety from fire, flood and other dangers.
(B) Adoption clause Title 36, Article 7, Chapter 4. Indiana Code 36-7-4-100 through I.C. 36-7-4-1616 referred to as Local Planning and Zoning Statutes as added by Acts 1981, PL 309, Sec. 23 or as it may hereinafter be amended is hereby adopted by reference and made part hereof.
(C) Interpretation.
(1) Validity of other laws. Where this code imposes a greater restriction upon the use of structure or land or upon height or bulk of structures, or requires larger open space or yards than are imposed by other ordinances, laws, or regulations, the provisions of this chapter shall govern. However, nothing in this chapter shall be constructed to prevent the enforcement of other ordinances, laws, or regulations which prescribe more restrictive limitations.
(2) Relation to public or private easements, covenants and agreements. It is not intended that this chapter interfere with, abrogate, or annul any easements, covenants, or agreements between public or private parties, provided, however, that where the provisions of this chapter are more restrictive than any deed or agreement, the provisions of this chapter shall prevail.
(3) Severability. In case any portion of this chapter shall be invalid or unconstitutional, as declared by a court of competent jurisdiction, the remainder of the code shall not thereby be invalid, but shall remain in full force and effect.
(4) Tense and definition. For the purpose of this chapter certain terms and words are to be used and interpreted as defined in §§ 153.001 through 153.270 of this code: words used in the present tense shall include future tense; words in the singular number include the plural and words in the plural number include the singular. Except where the natural construction of the writing indicates otherwise, the words “shall” and “will” are mandatory. Additionally, use of the term ordinance refers to this chapter and future amendments thereto.
(D) Jurisdiction.
(1) Territorial jurisdiction. This code shall be in full force and effect and shall apply the all lands the City of Mt. Vernon, the Town of Cynthiana, the Town of Poseyville and Unincorporated Posey County, Indiana.
(2) Annexed territory.
(a) Any territory hereafter annexed to the City of Mt. Vernon, the Town of Cynthiana or the Town of Poseyville shall, upon such classification, remain in the same zoning district classification shown for Unincorporated Posey County on the Official Zoning Map of Posey County. The district shall be subject to all conditions and regulations applicable to such zoning district until the zoning district is later redesignated in accordance with this chapter.
(b) Procedures for the rezoning of land (zoning map amendment) are set forth in § 153.252 of this chapter. In the event the owner/owners of the land to be annexed desire a different zoning designation simultaneously with annexation, a petition for rezoning may be filed concurrent with annexation request.
(c) Public property. Property owned, leased or operated by the City of Mt. Vernon, the Town of Cynthiana, the Town of Poseyville or the government of Posey County, Indiana or any other public or governmental body or agency shall be subject to the terms of this chapter, excluding lands and/or structures wholly owned by the state and federal governments.
(Ord. 12-16, passed 8-8-12)