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This chapter is adopted for the following purposes:
(A) Securing adequate light, air, convenience of access, and safety from fire, flood, and other danger;
(B) Lessening or avoiding congestion in public ways;
(C) Promoting the public health, safety, comfort, morals, convenience, and general welfare;
(D) Implementing the Comprehensive Plan; and
(E) Otherwise accomplishing the purposes I.C. 36-7-4.
(Ord. 17, 2006, passed 11-27-2006)
The provisions of this chapter shall apply to all structures, lands, water, and air within the city and its extraterritorial jurisdictional area, including property owned by city, county, state, or federal agencies, to the extent allowed by law.
(Ord. 17, 2006, passed 11-27-2006)
(A) Compliance required. No structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted, structurally altered, used, or occupied without full compliance with the provisions of this chapter and all other applicable city, county, and state regulations. An improvement location permit is required for any of the following:
(1) Occupancy or use of any structure hereafter created, erected, changed, converted, or wholly or partly altered or enlarged;
(2) Occupancy or use of vacant land, except for the raising of crops;
(3) Change in the use of an existing structure to a different use;
(4) Change in the use of land to a different use, except for the raising of crops; or
(5) Change in the use or character of a nonconforming use.
(B) Minimum requirements. The provisions of this chapter shall be held to be minimum requirements necessary for the promotion of the public health, safety, and general welfare, and shall be liberally construed in favor of the city and shall not be construed to be a limitation or repeal of any other power now possessed by the city.
(Ord. 17, 2006, passed 11-27-2006)
(A) Conflicts and relationship with other regulations.
(1) When the provisions of this chapter are inconsistent with one another, or when the provisions of this chapter conflict with provisions found in other ordinances, codes, or regulations adopted by the city, the more restrictive provision shall govern unless the terms of the provisions specify otherwise.
(2) It shall be the developer's or applicant's responsibility to determine and comply with all other applicable city, county, state, or federal codes or regulations governing development and land use activities.
(B) Relationship with private-party easements, covenants, or agreements. This chapter is not intended to interfere with or abrogate any easements, covenants, or agreements between parties, provided that wherever this chapter proposes a greater restriction upon the use of buildings or land, upon the location or height of buildings or structures, or upon requirements for open areas than those that are imposed or required by such easements, covenants, or agreements between parties, the provision of this chapter shall govern. In no case shall the city be obligated to enforce the provisions of any easements, covenants, or agreements between parties.
(Ord. 17, 2006, passed 11-27-2006)
(A) Districts. The city and its jurisdictional area are divided into zones or districts as shown on the official zoning map. This map is hereby adopted by reference and declared to be a part of this chapter. The map is on file in the Seymour City Hall and is available for public inspection during regular business hours. The map may consist of one or more sheets as necessary to accurately depict the boundaries. In the case of overlay districts, a district may be limited to the boundaries of a property containing a single building, structure, or site. The map may divide the overlay district into primary and secondary areas as follows:
(1) Primary area. The principal area of significance.
(2) Secondary area. An area adjacent to a primary area which has a visual relationship to the primary area and could affect the preservation of the primary area. The purpose of designating a secondary area is to assure its compatibility and harmony with any adjacent primary area.
(B) Official copy. The official zoning map shall be identified by the signature of the Mayor and attested to by the Clerk-Treasurer, and bearing the seal of the city under the following words: "This is to certify that this is the Official Zoning Map referred to in Ordinance Number Ordinance No. 5, Council Bill 38, 1977 of the City of Seymour, Indiana," adopted May 23, 1977.
(C) Amendments. The zoning map may be amended from time to time as set forth in this chapter.
(D) Damage. In the event the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the City Council may direct the Plan Commission to prepare a new official zoning map which when adopted shall supersede the prior map. The new official zoning map may correct drafting or other errors or omissions in the prior map, but no such correction shall have the effect of amending the previous official zoning map. The new official zoning map shall be identified by the signature of the chair of the Mayor, attested to by the Clerk-Treasurer and bearing the seal of the city under the following words: "This is to certify that this Official Zoning Map supersedes and replaces on this day (date) the Official Zoning Map adopted May 23, 1977, as part of Ordinance Number Ordinance No. 5, Council Bill 38, 1977 of the City of Seymour, Indiana."
(E) Preservation. Unless the prior official zoning map has been lost or destroyed, the prior map or any significant part thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.
(Ord. 17, 2006, passed 11-27-2006)
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