(A) Interpretation. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, morals, convenience and general welfare. The Advisory Plan Commission has given consideration to the existing and future probable use of land in the territory affected by this chapter, and has prepared a Comprehensive Plan showing the future development of this area, which has served as a guide in the preparation of this chapter.
(B) Non-interference with greater restrictions otherwise imposed. It is not intended by this chapter to interfere with, abrogate or annul any easements, covenants or other agreements between parties, nor any ordinances, rules, regulations or permits previously adopted or issued and which are not in conflict with any of the provisions of this chapter, except that, where this chapter imposes a greater restriction upon the use of buildings or land, or upon the height of buildings, or requires larger open spaces or greater lot area per family, than are required or imposed by such easements, covenants or agreements between parties, or by such ordinance rules, regulations or permits, the provisions of this chapter shall control.
(C) Use. No building or land shall be used and shall be erected, reconstructed or structurally altered, which is arranged, intended or designed to be used for any purpose other than a use which is permitted and specified in a district in which such building or land is located.
(D) Height. No building shall be erected, reconstructed or structurally altered to exceed in height the limits established and specified for the use and the district in which such building is located. (See § 156.073 of this code.)
(E) Yard, lot area and size of building. No building shall be erected, reconstructed or structurally altered in any manner which will encroach upon or reduce in any manner, the yards, lot area per family, ground floor area of dwellings or lot coverage provisions established and specified for the use and the district in which such building is located.
(F) Parking space; loading and unloading berths. For each building hereafter erected and for certain other uses of land, parking spaces for motor vehicles and loading and unloading berths as specified for the use to which such building or land is to be devoted shall be provided, except that parking spaces may not be required for business or industrial uses, in accordance with the provisions of § 156.078(B)(13) of this code, but it is the intent of this code to encourage the establishment of adequate parking spaces wherever normally required by this chapter.
(G) Building relocated. No building or structure shall be moved from one lot or premises to another unless such building and lot shall thereupon conform to all the regulations of the zone district to which such building shall be moved.
(H) Farms exempt. Land, farm barns, farm outbuildings or other buildings, except for farm houses or farm dwellings, which include dwellings for the farm owner, operator or farm assistants (see § 156.034 of this code), structures or erections which are adapted, by reason of nature and area, for use by agricultural purposes as a primary means of livelihood, while so used, shall not be affected by restrictions or regulations of this chapter, except for structures proposed to be located in the FP Floodplain District.
(I) Public utility installations exempt.
(1) Structures and land use for public utility installations so defined herein, while so used, shall not be affected by restrictions or regulations of this chapter; provided, however, terminal facilities and treatment or processing plants in residential developments are contingent uses, but a sewage treatment facility (primary use) is a special exception and is subject to the provisions of this chapter. (See § 156.051 of this code for transmission lines.)
(2) All variances shall give the minimum relief necessary and be such that the maximum practical flood protection will be given to the proposed construction and issue a written notice to the recipient of a variance or exception that the proposed construction will be subject to increased risks to life and property and could require payment of excessive flood insurance premiums.
(J) Mineral extraction exempt. Nothing herein shall prevent, outside of urban areas, the complete use and alienation of any mineral resources of forests by the owner or alienee thereof. For the purpose of this section, urban areas shall include all lands or lots within the limits of incorporated cities and towns and any other lands or lots used for residential purposes where there are eight or more residences within any quarter mile square and such other lands or lots as have been or are planned for residential areas contiguous to incorporated cities or towns.
(K) Amendments. All amendments to or repealers of the Zoning Code shall be made in accordance with the provisions of I.C. 36-7-4.
(Ord. 8-7-12-3, passed 10-10-1961; Ord. 87-9-1, passed 9-11-1987; Ord. passed 1- -2004)