Long Beach City Zoning Code
TITLE, INTERPRETATION
AND ENACTMENT
§ 154.001 TITLE.
These regulations shall hereafter be known and cited as the Zoning Code of the Town of Long Beach, LaPorte County, Indiana.
(Ord. 0203, passed 6-10-02)
§ 154.002 INTERPRETATION, CONFLICT AND SEPARABILITY.
(A) In their interpretation and application the provisions of these regulations shall be held to be the minimum requirements for the promotion of public health, safety and general welfare.
(B) Conflicts with public and private provisions:
(1) Public provisions. The regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. Where any provision of these regulations imposes restrictions different from those imposed by rule or regulation, or other provision of law, those provisions which are more restrictive or impose higher standards shall control.
(2) Private provisions. These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easements, covenants, or other private agreement or restriction, the requirements of these regulations shall govern. Where the provisions of the easement, covenant, or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirements of these regulations, or the determinations of the Advisory Plan Commission or Board of Zoning Appeals in enforcing these regulations, and such private provisions are not inconsistent with these regulations or determinations thereunder, then such private provisions shall be operative and supplemental to these regulations and determinations made thereunder. Private provisions can only be enforced privately unless a public agency such as the Town of Long Beach has been made a party to such agreement.
(3) Separability. If any part or provision of these regulations or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgement shall be confined in its operation to the part, provision, or application directly involved in all controversy in which such judgement shall have been rendered and shall not affect or impair the validity of the remainder of these regulations or the application thereof to other persons or circumstances. The town hereby declares that it would have enacted the remainder of the these regulations even without any such part, provision or application.
(Ord. 0203, passed 6-10-02)
§ 154.003 SAVING POWER.
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, or as affecting the liability of any person, firm, limited liability company, or corporation, or as waiving any right of the town under any section or provision existing at the time of the effective date of this chapter, or as vacating or annulling any rights obtained by any person, firm, limited liability company, or corporation, by lawful action of the town except as shall be expressly provided for in this chapter.
(Ord. 0203, passed 6-10-02)
§ 154.004 EXCLUSION.
Nothing in this chapter or in 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 of Indiana or by any state agency so empowered to exercise eminent domain. As used in this section, the term STATE AGENCY shall mean and include agencies, boards, commissions, departments and institutions, including state universities of the State of Indiana.
(Ord. 0203, passed 6-10-02)
§ 154.005 AMENDMENTS.
For the purpose of providing for the public health, safety, and general welfare, the Town Council, on recommendation of the Plan Commission, may from time to time amend the text of this chapter and/or zoning map incorporated by reference in this chapter. Public hearings on all proposed amendments shall be held by the Plan Commission and/or Town Council in a manner prescribed by law.
(Ord. 0203, passed 6-10-02)
§ 154.006 ENFORCEMENT, VIOLATION, AND PENALTIES.
(A) It shall be the duty of the Building Commission and/or Police Chief/Town Marshal to enforce these regulations and to bring any violations or lack of compliance to the attention of the Town Attorney who may file a complaint against the person and prosecute the alleged violation.
(B) Any person may, by suit in a circuit or superior court of the County of LaPorte, enjoin the violation of this chapter.
(C) Removal/discontinuance of uses in violation. The Board of Zoning Appeals by mandatory injunction in the circuit court of LaPorte County against the owner or possessor of the real estate, may require the removal of a structure erected in violation of this chapter, or the removal of any use or condition in violation of this chapter.
(D) A use that violates this chapter shall be treated as if it were a common nuisance, and the owner or possessor of the structure, land, or premises upon which the use is maintained shall be liable for such nuisance.
(E) Daily violation and fines. Any person whether owner or possessor, who shall violate, or who permits or allows a violation, of any of the provisions of this chapter, or who fails to comply therewith or with any requirements thereunder, or who shall build, reconstruct, or structurally alter any building in violation of any detailed statement or plan submitted upon which an approval or grant is given under this chapter, shall upon complaint filed in circuit court of LaPorte County and upon judgement finding such violation, be fined in accordance with § 154.999.
(F) No improvement location permit or building permit required under the Building Code of the town shall be issued on any property subject to this chapter in violation of the provisions of this chapter.
(G) Recapture of enforcement fees. Notwithstanding anything contained in this chapter to the contrary or appearing to be contrary, and in addition and supplementary to other provisions of this chapter, if the Board of Zoning Appeals or the town is required to utilize the services of the Town Attorney or any other attorney in investigating a possible violation of this chapter or enforcing the provisions of the chapter pursuant to § 154.006(C), (D) or (E), or any other section, before any board or court (including appeals), and such investigation results in a determination that a violation has occurred or if this Board of Zoning Appeals or Town Council is successful in its enforcement of this chapter by way of suit, appeal or other appropriate proceeding, the respondent, defendant, or party investigated for a violation shall pay the town its reasonable attorney fees and all cost related to the investigation of the violation and/or the enforcement of this chapter, unless such attorneys fees or costs are specifically waived by the Town Council of the town.
(H) Costs on appeal. As to any appeal from a decision of the Board of Zoning Appeals, cost may not be allowed against the Board of Zoning Appeals unless it appears to the court that the Board acted with gross negligence or in bad faith in making the decision brought up for review.
(I) Right of private property access for inspection. The Building Commission, Police Chief/Town Marshal, and staff or any person or persons assisting the Building Commission or Police Chief/Town Marshal in the application and enforcement of this chapter is hereby authorized to go onto private property for the purpose of conducting inspections required by this chapter or any order of the Plan Commission and Board of Zoning Appeals, or to enforce this chapter. Such inspection or inspections shall occur at reasonable times and shall be conducted in a manner not to disturb the peace.
(Ord. 0203, passed 6-10-02; Am. Ord. 2017-01, passed 3-13-17)
§ 154.007 DESIGNATION OF THE ADMINISTRATION RESPONSIBILITY.
The Town Council hereby designates its Building Commission and Police Chief/Town Marshal and their assigned personnel the responsibility for administration and enforcement of this chapter with the Building Commission serving as the principal administrator and enforcement authority for this chapter and with enforcement assistance to be provided by the Police Chief/Town Marshal.
(Ord. 0203, passed 6-10-02)