Leo Cedarville City Zoning Code
BASIC PROVISIONS
§ 152.001 TITLE.
This chapter shall be cited and referred to as the Town of Leo-Cedarville Zoning Ordinance.
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§ 152.002 DEFINED WORDS.
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§ 152.003 AUTHORITY.
Pursuant to the authority under I.C. 36-7-4 et seq. this chapter is adopted by the town. Indiana codes cited in this chapter that have been amended or superseded are deemed amended or superseded by reference.
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§ 152.004 PURPOSE.
This chapter is intended to encourage the growth and development of the town in accordance with the Town of Leo-Cedarville Comprehensive Plan and for the following purposes.
(A) To secure adequate light, air, and convenience of access; and safety from fire, flood, and other dangers;
(B) To promote the public health, safety, comfort, convenience, morals and general welfare;
(C) To plan for the future development of the town to the end:
(1) That the community grows only with adequate public way, utility, health, educational, and recreational facilities;
(2) That the needs of agriculture, industry, and business be recognized in future growth;
(3) That residential areas provide healthful surroundings for family life; and
(4) That the growth of the community is commensurate with and promotes the efficient and economical use of public funds.
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§ 152.005 COMPLIANCE.
No structure shall be located, erected, constructed, reconstructed, moved, altered, converted, or enlarged; nor shall any structure or land be used, except in full compliance with all provisions of this chapter and after the lawful issuance of all permits and certificates required by this chapter.
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§ 152.006 SEVERABILITY.
If any provision of this chapter or the application of any provision to particular circumstances is held unconstitutional or invalid by the courts, the remainder of the chapter or the application of such provision to other circumstances shall not be affected.
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§ 152.007 INTERPRETATION.
The provisions of this chapter shall be held to be the minimum requirements for the protection of the health, safety, comfort, morals, convenience, and general welfare of the people at large, and are designed to encourage the establishment and maintenance of reasonable community standards of physical environment. If two or more provisions within this chapter are in conflict or are inconsistent with one another, then the provision which is most restrictive shall control.
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§ 152.008 JURISDICTION AREA.
This chapter shall apply to all land within the corporate limits of the Town of Leo-Cedarville, Indiana upon adoption by the Leo-Cedarville Town Council.
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§ 152.009 APPLICATION.
It is not intended by this chapter to interfere with, abrogate or amend any existing easements, covenants, or other agreements, between parties, nor is it intended by this chapter to repeal, abrogate, annul, or in any way interfere with any existing provisions of laws or ordinances (other than previous zoning ordinances), or any rules, regulations, or permits previously adopted or issued pursuant to law relating to the use of building or premises provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises than is imposed or required by such existing provisions of law or by such rules, regulations, agreements, covenants, or permits, the provisions of this chapter shall control; but where private covenants, permits, agreements, rules or regulations impose a greater restriction than is imposed by this chapter, the greater restriction shall control.
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§ 152.010 SAVING PROVISION.
This chapter shall not be construed as abating any action now pending under, or by virtue of, prior existing zoning ordinance, or as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue.
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§ 152.011 AMENDMENTS.
(A) In accordance with I .C. 36-7-4-602, the legislative body may amend or partially repeal the text of this chapter or they may amend the zoning maps of this chapter as follows:
(1) The legislative body or the Plan Commission may initiate a proposal to amend or partially repeal the text according to the procedure of I.C. 36-7-4-602(b) and I.C. 36-7-4-607 and according to the Commission Rules and Procedures.
(2) The legislative body, Plan Commission, or at least 50% of the affected property owners may initiate a petition to change the zoning maps according to the procedure of I.C. 36-7-4-602(c) and I.C. 36-7-4-608 and according to the Commission rules.
(B) In its review of the text and zone map amendments, the legislative body and the Plan Commission shall pay reasonable regard to:
(1) The most recently adopted Comprehensive Plan;
(2) Current conditions and the character of structure and uses in each district;
(3) The most desirable use for which the land in each district is adapted;
(4) The conservation of property values throughout the jurisdiction; and
(5) Responsible development and growth.
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§ 152.012 EFFECTIVE DATE.
The zoning ordinance in this chapter shall be effective March 20, 2007. The effective date is based on the passage and notice of adoption as required by law.
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