Lake Station City Zoning Code

The ordinances embodied in the following Chapters, Articles, Divisions and Sections shall constitute the local government code of the City of Lake Station, Indiana, and be designated as the "Lake Station City Code", and may be cited as the "City Code" or, in the provisions which follow, as "this Code", and shall include any ordinance hereafter enacted which is supplemental or amendatory thereto, subject to Sec. 3-20.

All of the provisions of this Code shall be in full force and effect from the date of passage pursuant to I.C., 36-4-6-14, and the filing of two (2) copies of this Code in the office of the Clerk-Treasurer, and all ordinances of a general and permanent nature in force at that time which include the subject matter of the Chapters denominated herein, are hereby repealed from and after said date.

Such repeal shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or occurring before said effective date; nor shall it affect any ordinance accepting gifts and dedications of real estate; nor any ordinance or resolution promising or guaranteeing the payment of money by the City or authorizing the issuance of bonds of the City; or other evidence of the City's indebtedness, or any contract or obligation assumed by the City; nor shall said repeal affect the Administration's ordinances or resolutions of this Code; nor shall it affect transfer and appropriation ordinances; nor shall it affect ordinances concerning annexation or dis-annexation of territories to or from the City, or any ordinances changing or concerning names of streets, or opening and closing streets, or ordinances commonly known as zoning map amendments; nor shall it affect any right, easement or franchise, conferred by any person or corporation; nor shall it affect any prosecution, suit or proceeding pending on said date, except that the proceeding thereof shall conform as far as possible to the provisions of this Code.

In the construction of this Code and of all ordinances, the following definitions shall be applied:

(1)

"City" means the City of Lake Station, Indiana, or the area within the territorial limits of the City of Lake Station, Indiana, and such territory outside of the City over which the City has jurisdiction or control by virtue of any constitutional or statutory provisions.

(2)

"Clerk-Treasurer" means the Clerk and Fiscal Officer of the City of Lake Station, a third class City. ^[3]

(3)

"Code" means local government code of the City of Lake Station, Indiana, which is designated as the Lake Station City Code.

(4)

"Common Council" means the City Legislative Body made up of seven (7) elected councilmen.

(5)

"Computation of Time" means the time within which an act is required to be done and is to be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded.

(6)

"County" means the County of Lake.

(7)

"Easements" means a right, distinct from ownership, to use in some way the land of another without compensation.

(8)

"et seq." is the Latin phrase meaning "and the following".

(9)

"I.C.," shall refer to state law found in the Indiana Code.

(10)

"May" is permissive.

(11)

"Mayor" means the Mayor of the City of Lake Station.

(12)

"Month" means a calendar month.

(13)

"Must" and "shall" are each mandatory.

(14)

"Oath" includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed".

(15)

"Owner" applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land.

(16)

"Person" means any individual, firm, partnership, corporation, association, fiduciary, company, governmental entity, or organization of any kind.

(17)

"Personal property" includes every kind of property except real property.

(18)

"Preceding" and "following" mean next before and next after, respectively.

(19)

"Property" includes real and personal property.

(20)

"Real Property" includes lands, tenements and hereditaments.

(21)

"Sidewalk" means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

(22)

"State" means the State of Indiana.

(23)

"Street" includes all streets, highways, avenues, lanes, alleys, courts, squares, or other public ways in the City which have been or may hereafter be dedicated and open to public use.

(24)

"Substantial Property Interest" means any right in real property that may be affected in a substantial way by actions authorized by Planning and Development laws of the State of Indiana, including a fee interest, a life estate, a future interest, a present possessory interest, or an equitable interest of a contract purchase. ^[4]

(25)

"Tenant" and "occupant", applied to a building or land, include any person who occupies the whole or a part of such building or land, whether alone or with others.

(26)

"Written" includes printed, typewritten, or otherwise reproduced in permanent visible form.

(27)

"Year" means a calendar year.

This Code shall refer only to the omission or commission of acts within the territorial limits of the City of Lake Station and to that territory outside this City over which the City has jurisdiction or control by virtue of any constitutional provision, law or otherwise lawful contract.

(a)

Each Chapter is comprised of "Articles" which address subject matter classifications within the Chapter. Articles may then be divided into "Divisions" which further define the particular topics.

(b)

Each Section of this Code shall be numbered consecutively by Chapter. The number shall consist of two (2) component parts separated by a dash, the figure before the dash referring to the Chapter number and the figure after the dash referring to the position of the Section within the Chapter.

(c)

The decimal system shall be used for all additions or amendments to this Code. When a Chapter or Section is to be added, the new Chapter or Section shall be given a decimal character.

The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinances which have been repealed thereby.

Unless otherwise expressly provided, an ordinance shall take effect when passed according to I.C., 36-4-6-14.

The following rules shall govern the Construction of this Code.

(a)

The present time includes the past and future tenses; and the future the present, unless otherwise provided.

(b)

The masculine gender includes the feminine.

(c)

The singular number includes the plural, and the plural the singular.

(d)

Whenever reference is made to any provision of this Code or statute of the State of Indiana, such reference applies to all amendments and additions now or hereafter enacted.

(e)

If any Chapter, Article, Division, Section, Subsection, sentence or clause of this Code is for any reason declared to be unconstitutional or otherwise invalid, such declaration shall not affect the validity of the remaining provisions of this Code.

(a)

Any person violating any of the provisions of this Code shall be guilty of an ordinance violation. ^[5]

(b)

Each day a violation of this Code is committed or permitted to continue shall constitute a separate offense. ^[6]

(c)

Except in cases where a different punishment is prescribed by statute or a specific Section of this Code, any person convicted of an ordinance violation shall be punished by a fine of not more than two thousand five hundred dollars ($2,500.00). ^[7]

(d)

The City may bring a civil action to enjoin any person from:

(1)

Violating any ordinance regulating or prohibiting a condition or use of property; or ^[8]

(2)

Engaging in conduct without a license if an ordinance requires a license to engage in the conduct. ^[9]

(e)

The Court may suspend all or any part of a penalty imposed for an ordinance violation and may require as a condition of such suspension that the defendant shall perform uncompensated work that benefits the community.

(a)

The City Seal of Lake Station, Indiana, is depicted on the certification page of this Code.

(b)

The clerk-treasurer shall be the custodian of the city's seal and affix it to such documents and instruments as required.