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Nothing in this chapter or any rules, regulations or orders issued pursuant to this chapter shall be deemed to restrict or regulate or to authorize any unit of government, legislative body, Plan Commission or Board of Zoning Appeals now or hereafter established, to restrict or regulate the exercise of the power of eminent domain by the state, any agency of the state or the town, or the use of property owned or occupied by the state, any agency of the state or the town, except to the extent such restriction or regulation is permitted by applicable law.
(Ord. 2000-16, passed 8-28-2000, § 1.6)
(A) In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the health, safety, comfort, morals, convenience and the general welfare of the public. In the case of any conflict or inconsistency between two or more provisions of this chapter or any other ordinance of the town, the provision which imposes the greater or higher or more restrictive standard of performance shall control.
(B) References to other documentation or standards in this chapter shall be interpreted to be the latest version thereof.
(Ord. 2000-16, passed 8-28-2000, § 1.7)
Upon adoption of this chapter by the Town Council and the effective date of this chapter, the town’s Plan Commission shall be the duly authorized Plan Commission for the incorporated areas of the town pursuant to the Indiana Code, and this chapter shall apply to all real property located within the corporate boundaries of the town.
(Ord. 2000-16, passed 8-28-2000, § 1.8)
The subdivision of land may occur in any and all zoning districts established by this chapter. Whenever a subdivision occurs, regulations and procedures of this chapter, Ch. 193 of this code of ordinances and other relevant town ordinances and standards shall apply.
(Ord. 2000-16, passed 8-28-2000, § 1.9)
Except as expressly provided otherwise in this chapter:
(A) No person may use or occupy any land, building, structure or improvement or authorize or permit the use or occupancy of any land, building, structure or improvement under his or her control, except in accordance with the applicable provisions of this chapter; and
(B) No land, building, structure or improvement shall be used and no building shall be erected, reconstructed or structurally altered, which is not in accordance with the applicable provisions of this chapter or is arranged, intended or designed to be used for any purpose other than a use which is permitted in the zoning district in which such land, building, structure or improvement is located.
(Ord. 2000-16, passed 8-28-2000, § 1.10)
In adopting this chapter, the Town Council has considered, evaluated and given reasonable regard to:
(A) The general policies and patterns of development set out in the Comprehensive Plan for the town;
(B) Current conditions and the character of current structures and uses in each zoning district;
(C) The most desirable use for which the land in each zoning district is adapted;
(D) The conservation of property values throughout the town; and
(E) The responsible development and growth of the town.
(Ord. 2000-16, passed 8-28-2000, § 1.11)
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