The appendix codified in this title shall be known and cited as the Zoning Ordinance of the Town of Waterloo, Indiana.

   This appendix is intended to guide the growth and development of the Town of Waterloo consistent with the Waterloo Comprehensive Land Use Plan. The Comprehensive Plan and all amendments thereto are incorporated herein by reference with copies of the Comprehensive Plan to be maintained in the Office of the Clerk-Treasurer and being open for public inspection during regular business hours.

   The appendix shall apply to all lands, uses, buildings and structures within the corporate limits of the Town of Waterloo, Indiana, and any other areas contiguous of the town over which the town exercises extraterritorial jurisdiction.

   In their interpretation and application, the provisions of this appendix shall be held as the minimum requirements for the protection of public health, safety, comfort, morals, convenience, and general welfare. These provisions are designed to encourage the establishment and maintenance of reasonable community standards for the physical environment.

   A.   Public provisions. The regulations are not intended to interfere with, abrogate, or annul any other appendix, rule or regulation, statute, or other provision of law. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other appendix, rule or regulation, or other provision of law, those provisions which are more restrictive or impose higher standards shall control.

   B.   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 easement, covenant, 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 Commission 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 the Town of Waterloo or the Waterloo Plan Commission has been made a party to such agreements.

   If any part or provision of this appendix is held unconstitutional or adjudged invalid by a court of competent jurisdiction, the remainder of the appendix shall remain in full force and effect (or shall not be effected.)

   This appendix 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, or corporation, or as waiving any right of the Town of Waterloo under any section or provision existing at the time of the effective date of this appendix, or as vacating or annulling any rights obtained by any person, firm, or corporation, by lawful action of the Town of Waterloo except as shall be expressly provided for in this appendix.

   Nothing in this appendix or in any rules, regulations or orders issued pursuant to this appendix 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, or the use of property owned or occupied by the State of Indiana or any state agency. As used in this section, the term "state agency" shall mean and include all state agencies, boards, commissions, departments, and institutions, including state universities of the State of Indiana.

   Upon the adoption of this appendix and Zoning Map, all prior zoning ordinances and zoning maps are hereby repealed.

   This appendix shall take effect 14 days after the notice of the adoption is published pursuant to I.C. 36-7-4-610 (a).

   For the purposes of providing for the public health, safety, and general welfare, the town, on recommendation of the Commission, may from time to time amend the text of this appendix and/or the zoning map(s) incorporated by reference in this appendix. The Commission and/or the town in the manner prescribed by law (I.C. 36-7-4-602) shall hold public hearings on all proposed amendments.

   A.   Any application for an Improvement Location Permit which has been filed with the Plan Commission or its designees and which is full and complete, prior to the effective date of this appendix, shall be regulated by the terms and conditions of the Zoning Ordinance which was in place at the time of filing. However, all administrative procedures and penalties shall follow those set forth by this zoning appendix.

   B.   Any application for a zone map amendment which was filed with the Plan Commission or its designees, and which is full and complete prior to the effective date of this appendix, shall be allowed to continue through the process to completion pursuant to the terms and conditions of the zoning appendix which was in place at the time of filing. However, if the proposed use would no longer be permitted in the proposed zoning district or the proposed zoning district no longer exists in the new appendix, the Zoning Administrator shall amend the application such that the request for rezoning would accomplish the same end goal for the applicant.

   C.   Any application before the Board of Zoning Appeals which has been filed with the BZA.or its designees and which application is full and compete, prior to the effective date of this appendix, shall be allowed to continue the process pursuant to the terms and conditions of the Zoning Ordinance which was in place at the time of filing, provided that:

      1.   If such application is no longer required by the terms of this appendix the application will be dismissed; or

      2.   If the proposed use or development requires additional approvals from the Board of Zoning Appeals pursuant to the terms of this appendix and were not required under the previous ordinances, such application will be amended to include only those, additional approvals which are required and within the jurisdiction of the Board of Zoning Appeals.

   D.   All new building sites shall meet the requirements of this appendix unless:

      1.   A building permit is issued and still valid; or

      2.   A parcel was approved as a buildable lot by the Plan Commission or the Board of Zoning Appeals prior to the effective date of this appendix.

   The Town Council of Waterloo hereby designates its Town Manager as the Zoning Administrator for the purposes of implementing this appendix. The Zoning Administrator has the principal responsibility for enforcing this appendix.

   This appendix became effective on August 3, 2005.

(Ord. 05-03, passed 7-12-05)