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(A) (1) If, after the certification of the official zone map by the Plan Commission, the Town Council, in accordance with the provisions of this chapter and I.C. 36-7-4-600 et seq., changes any of the district boundaries or other matter portrayed on the official zone map, such changes shall be entered by staff on a working copy of the official zone map which is maintained in the office of the Clerk-Treasurer of the town.
(2) The working copy of the official zone map shall be available for public inspection and reference during all normal business hours.
(3) In case of discrepancy between changes noted on the working copy of the official zone map and the official printed record of the Town Council, the official printed record of the Town Council shall control.
(B) (1) In the event that the official zone map becomes worn, damaged, destroyed, lost or difficult to interpret, staff shall, on an as needed basis, prepare a revised official zone map for review and recommendation by the Plan Commission at a public hearing for which proper notice is provided.
(2) A revised official zone map shall incorporate all official actions of the Town Council related to matters depicted on the official zone map since the adoption of the prior official zone map.
(3) A revised official zone map may also include revisions to correct drafting errors and changes in the base information related to plats or streets.
(C) (1) The Plan Commission shall certify its recommendation of such revised official zone map to the Town Council for official adoption by the Town Council.
(2) Any revised official zone map shall be identified as described above with the addition of the phrase “As amended to and including the Town Council docket of (applicable date).”
(D) No change of any nature shall be made in the official zone map, or matter shown thereon, except in conformity with the amendment procedures set forth in this chapter.
(Ord. 2000-16, passed 8-28-2000, § 7.3)
Unless the prior official zone map has been lost or completely destroyed, the prior official zone map, along with all available records pertaining to its adoption or amendment, shall be retained and preserved in the office of the Clerk-Treasurer of the town.
(Ord. 2000-16, passed 8-28-2000, § 7.4)
Where uncertainty exists with respect to the boundaries of districts shown on the official zone map, the following rules shall apply to the interpretation of those boundaries.
(A) Boundaries indicated as approximately following the centerlines of thoroughfares, highways, streets or alleys shall be construed to follow the centerlines.
(B) Boundaries indicated as approximately following platted lot lines shall be construed to follow the platted lot lines.
(C) Boundaries indicated as approximately following the corporate boundary of the town shall be construed as following the corporate boundary of the town.
(D) Boundaries indicated as approximately following the centerlines of former railroad rights-of- way, streams, rivers, lakes or other bodies of water shall be construed as following the centerlines.
(E) Boundaries indicated as approximately following floodplain lines shall be construed to follow the floodplain lines.
(F) (1) Boundaries indicated as parallel to or extensions of features indicated in divisions (A) through (E) above shall be so controlled.
(2) Distances not specifically indicated on the official zone map shall be determined by the scale of the map.
(G) Where a discrepancy exists between the depictions on the official zone map and the text of a legal description accompanying an ordinance for zone map change duly adopted by the Town Council, the text of the legal description shall control.
(H) (1) Where physical or cultural features existing on the ground do not agree with those shown on the official zone map, or in other circumstances not covered above, the staff shall interpret the boundaries.
(2) Any party dissatisfied with the interpretation of the staff may appeal such interpretation to the Board of Zoning Appeals.
(Ord. 2000-16, passed 8-28-2000, § 7.5)
(A) Any land which is annexed to the town shall be zoned as follows:
(1) Land which was zoned to an agricultural or residential classification pursuant to the zoning ordinance of the county shall be assigned an R-SF-2 District zoning classification of the town upon annexation to the town with the exception that any land designated as “equestrian/estate residential” of the Future Land Use Map of Ch. 6 (Land Use) of the town’s master development plan, adopted as Res. 2002-01 of the Town Council shall be assigned an R-E District zoning classification of the town;
(2) Land which was zoned to a business classification pursuant to the zoning ordinance of the county shall be assigned a B-1 District zoning classification of the town upon annexation to the town;
(3) Land which was zoned to an industrial classification pursuant to the zoning ordinance of the county shall be assigned an I-ORT District zoning classification of the town upon annexation to the town; and
(4) Land which was zoned to any zoning classification pursuant to the zoning ordinance of the county other than those identified in divisions (A)(1) through (A)(3) above shall be assigned an O-1 District zoning classification of the town upon annexation to the town.
(B) Unless, in any of the foregoing circumstances, the Town Council assigns a different zoning classification(s) to the land in the ordinance annexing the land based upon evidence or testimony presented at the annexation hearing required under I.C. 35-4-3-2.1.
(Ord. 2000-16, passed 8-28-2000, § 7.6)
ADMINISTRATIVE AND DECISION MAKING BODIES
The Town Council shall have the following powers and duties in connection with the implementation of the Comprehensive Plan and this chapter:
(A) Approve, reject or amend a comprehensive plan, or segment thereof, certified to it by the Plan Commission;
(B) Initiate amendments to the text of this chapter;
(C) Adopt, reject or amend proposals to amend or partially repeal the text of this chapter;
(D) Initiate amendments to the text of Ch. 193 of this code of ordinances;
(E) Adopt, reject or amend proposals to amend or partially repeal the text of Ch. 193 of this code of ordinances;
(F) Adopt or reject proposals to amend zone maps; and
(G) Such additional powers and duties as may be set forth for the Town Council elsewhere in this chapter or state law.
(Ord. 2000-16, passed 8-28-2000, § 8.1)
(A) Establishment. The town’s Plan Commission is hereby re-established in accordance with I.C. 36-7-4-200 et seq.
(B) Membership, qualifications and terms. The membership of the Plan Commission, the qualification of its members and the terms of membership shall be in accordance with I.C. 36-7-4-200 et seq.
(C) Duties and powers. The Plan Commission is hereby vested with the duties and powers imposed upon and granted to an advisory plan commission under the advisory planning law, including, without limitation, the powers and duties listed below. To effectuate the purposes of this chapter, the Plan Commission may, to the fullest extent permitted by applicable laws:
(1) Supervise and make rules for the administration of the affairs of the Plan Commission;
(2) Prescribe uniform rules pertaining to investigations and hearings, and other matters authorized by state planning and zoning laws;
(3) Keep a complete record of all departmental proceedings;
(4) Record and file all bonds and contracts and assume responsibility for the custody and preservation of all papers and documents of the Plan Commission;
(5) Prepare, publish and distribute reports, ordinances and other material related to the Plan Commission activities authorized by state law or this chapter;
(6) Adopt a seal;
(7) Certify to all official acts;
(8) Supervise the fiscal affairs of the Plan Commission;
(9) Prepare and submit an annual budget and be limited in all expenditures to the provisions made for expenditures by the Town Council;
(10) Prescribe the qualifications of, appoint, remove and fix the compensation of the employees of the Plan Commission;
(11) Delegate authority to its employees to perform ministerial acts in all cases, except where final action of the Plan Commission is necessary;
(12) Designate a hearing examiner or a committee of the Commission to conduct any public hearing required to be held by the Plan Commission;
(13) Make recommendations to the Town Council concerning:
(a) The adoption of the Comprehensive Plan and amendments to the Comprehensive Plan;
(c) The adoption or amendment of a PUD District Ordinance; and
(d) Proposals to change the official zone maps.
(14) Render decisions concerning and approve plats or replats of subdivisions;
(15) Render decisions concerning development plans and amendments to development plans;
(16) Assign street numbers to lots and structures, renumber lots and structures and to name or rename streets;
(17) Establish advisory committees of citizens;
(18) Establish executive committees;
(19) Negotiate for grants-in-aid and agree to terms and conditions attached to such grants-in-aid;
(20) Subject to final confirmation and approval by the Town Council, establish a schedule of reasonable fees to defray the administrative costs connected with:
(a) Processing and hearing administrative appeals and petitions for zone map change, special exceptions, variances, planned unit development approvals and development plan approvals;
(b) Issuing improvement location permits and special exception permits; and
(c) Other official actions taken under this chapter.
(21) Invoke any legal, equitable or special remedy available under this chapter or applicable law for the enforcement of the provisions of this chapter or actions taken hereunder;
(22) Establish an alternate procedure for the more expedient disposition of variances of development standards, special exceptions, variances of use and adopt rules governing the alternate procedure; and
(23) Exercise all powers conferred on it by state law, local ordinance or rule in the manner so prescribed. This section shall not be construed as a limitation on such powers.
(D) Commitments required by the Plan Commission.
(1) Commitments.
(a) The Plan Commission may, when in the discretion of the Plan Commission it is deemed necessary to:
1. Assure the compatibility of a proposed development with surrounding properties; or
2. To minimize the potential for the occurrence of detrimental effects from any attributes of a proposed development on surrounding properties, require or permit the owner of a parcel of property to make written commitments concerning the use or development of the subject property in connection with a development plan approval as provided for in this chapter, or in connection with recommending approval of a zone map change to any zoning district classification contained in this chapter to the Town Council as a condition of development.
(b) The commitments shall be reduced to writing in recordable form and signed by the owner(s) of the real estate. The commitments shall be in effect for:
1. As long as the real estate to which they apply remains zoned to the classification to which the real estate was zoned when the commitments were made; or
2. Modified or terminated as provided below.
(c) The commitments shall authorize their recording by staff in the office of the Recorder of the county upon the final approval of the zone map change by the Town Council. Following the recording of the commitments, staff shall return the original recorded commitments to petitioner and shall retain a copy of the recorded commitments in its file.
(d) The Plan Commission, owners of all parcels of ground adjoining the real estate and an owners of real estate within the area included in the petition who were not petitioners for approval, and other specially affected persons designated in such commitments shall be entitled to enforce such commitments pursuant to I.C. 36-7-4-1015 or as otherwise provided applicable law.
(e) The commitments required by the Plan Commission shall be in substantially the form set forth in Exhibit “A” of this chapter.
(2) Modification of commitments by the Plan Commission.
(a) Commitments required or permitted by the Plan Commission may be modified or terminated by a decision of the Plan Commission, made at a public hearing after notice to adjoining owners has been given pursuant to the rules of procedure of the Plan Commission. Any modification or termination of the commitments shall not be effective until:
1. Reduced to writing;
2. Approved by the Plan Commission;
3. Executed and notarized by the present owner(s) of the real estate; and
4. Recorded in the office of the Recorder of the county.
(b) The modification or termination of commitments shall be in substantially the form set forth in Exhibit “B” of this chapter.
(Ord. 2000-16, passed 8-28-2000, § 8.2)
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