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(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)
(A) It is recognized that this chapter may require interpretation to assign all possible land uses to individual zoning districts. For any land use which is not specifically set forth in this chapter, staff shall review the land use for consistency with the intent set forth in each zoning district and for compatibility with land use characteristics typical of land uses permitted within those districts. Then, staff shall determine the appropriate zoning district for any land use which is not specifically set forth in this chapter. In case of disagreement with the determination of the staff in assigning a land use to an appropriate zoning district, any aggrieved party may file an appeal with the Board of Zoning Appeals pursuant to the provisions of § 194.202 of this chapter.
(B) If it is determined by the staff and no appeal of the staff’s decision is filed with the Board of Zoning Appeals pursuant to the provisions of § 194.202 of this chapter or determined by the Board of Zoning Appeals that a particular use is not permitted in any agricultural, residential, commercial, industrial or other zoning district provided for in this chapter, then such use shall be deemed to require a special exception in the most restrictive agricultural, residential, commercial, industrial or other zoning district most similar to the particular use (i.e., the O-1 District for open land and agriculturally-related uses; the R-MF-2 District for residentially-related uses; the B-3 District for commercially related uses; or the I-3 District for industrially-related uses).
(Ord. 2000-16, passed 8-28-2000, § 1.13)
Except as shall be expressly provided for in this chapter, the adoption of this chapter shall not:
(A) Abate any action pending under, or by virtue of, any prior ordinance;
(B) Discontinue, abate, modify or alter any penalty accruing or about to accrue under, or by virtue of, any prior ordinance;
(C) Affect the liability of any person, firm, or corporation under, or by virtue of, any prior ordinance;
(D) Waive any right of the town under any section or provision of any prior ordinance; or
(E) Vacate or annul any rights obtained by any person, firm or corporation by lawful action of the town under, or by virtue of, any prior ordinance.
(Ord. 2000-16, passed 8-28-2000, § 1.14)
(A) In its continuing administration of the purposes set forth in § 194.200 of this chapter, the Town Council may find it reasonable and necessary to adopt amendments to the text of this chapter or determine changes to the zone maps incorporated into this chapter.
(B) All such amendments shall be considered and adopted in compliance with I.C. 36-7-4-600 et seq., the provisions of this chapter and any applicable rules of procedure.
(Ord. 2000-16, passed 8-28-2000, § 1.15)
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