This chapter shall be known as and entitled the "Yankeetown Land Development Code," and may be referred to as the LDC. Enactment of the LDC is pursuant to state statutes.

(Code 2015, ch. 21, § 21.2.1)

(a)

The LDC further implements, but does not replace, the goals, objectives and policies of the comprehensive plan by:

(1)

Establishing comprehensive regulations, procedures, and standards for review and approval of land development in the town;

(2)

Fostering and preserving the public health, safety, comfort, and welfare in the harmonious, orderly, aesthetically pleasing, and socially beneficial development of the town;

(3)

Conserving the value of land, buildings and resources, and protecting landowners from adverse impacts of adjoining developments;

(4)

Protecting the character and maintaining the stability of residential, business, industrial, recreational, and public areas to enhance property values and increase the economic benefits to the town arising out of its resources;

(5)

Controlling and regulating growth of the town;

(6)

Providing specific procedures to ensure that development permits are conditioned on the availability of public facilities and services that meet the level of service requirements (concurrency);

(7)

Balancing the interest of the general public with that of individual property owners;

(8)

Protecting and, where necessary, preserving our valuable natural resources, including, but not limited to, ecologically significant land, water resources, wildlife habitats, and threatened or endangered species.

(b)

To accomplish the above requires the council to divide the entire town into districts of such number, shape, and size that are best suited to carry out the intent of this LDC, and within such districts may determine, establish and regulate:

(1)

Height, number of stories, size, bulk, location, erection, construction, repair, reconstruction, alteration, and use of buildings and other structures, for trade, industry, residence, and other purposes;

(2)

Use of land and water for trade, profession, residence, and other purposes;

(3)

Size of yards and other open spaces;

(4)

Density of population;

(5)

Conditions under which various classes of nonconformities may continue, including authority to set fair and reasonable amortization schedules for the elimination of nonconforming uses;

(6)

Type, size, and use of structures in those areas subject to seasonal or periodic flooding to minimize the danger to life and property;

(7)

Design, development, and construction of specific types of uses throughout the town.

(Code 2015, ch. 21, §§ 21.2.1.3, 21.2.1.4)

This LDC is applicable to all lands within the corporate limits of the town.

(1)

Wherever these requirements are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, restrictions or covenants, the most restrictive, or that imposing the higher standard shall govern.

(2)

The provisions of the LDC are the minimum requirements required by the town; applicants are encouraged to exceed FEMA floodplain requirements and base flood elevations (BFE) where possible and all applicants must meet all applicable requirements of state, regional and federal agencies.

(3)

All development and development orders, as defined by state statutes, must also be consistent with the goals, objectives and policies, maps and text of the town comprehensive plan regardless of compliance with these land development regulations.

(Code 2015, ch. 21, § 21.2.1.5)

(a)

The use of any parcel of land, or any structure or any combination thereof, within the corporate limits of the town shall comply with the requirements of this LDC.

(b)

All development, which includes redevelopment, shall comply with the standards, criteria, requirements, and procedures of this LDC.

(c)

All uses and any change of use shall conform to the standards, criteria, requirements, and procedures of this LDC.

(d)

When a lawfully issued permit or certificate issued prior to the effective date of the ordinance from which this LDC is derived expires, any further development on the site subject to the permit or certificate shall conform to the standards, criteria, requirements, and procedures of this LDC.

(Code 2015, ch. 21, § 21.2.2)

(a)

Previously approved projects identified as exempt from the provisions and requirements of this LDC are exempt only to the extent of the previous approval. They are exempt from the provisions of this LDC only to the extent that such provisions and requirements are inconsistent with prior, unexpired approval.

(b)

Projects for which a permit or certificate has been lawfully issued are exempt from the provisions and requirements of the LDC, provided:

(1)

The permit or certificate has not expired prior to the effective date of the ordinance from which this LDC is derived or amendment of the LDC;

(2)

The activity authorized by the permit or certificate commenced on or before the effective date of the ordinance from which this LDC is derived and continues in good faith according to the applicable time limits; and

(3)

The activity authorized by the permit or certificate is in accordance with all applicable permits or certificates.

(c)

Work required for public facilities and services within the public right-of-way is exempt from the provisions and requirements of this LCD as further described below:

(1)

Work required for the purpose of inspecting, repairing, or replacing any existing water or sewer lines, mains, or pipes;

(2)

Work required for the purpose of inspecting, repairing, or replacing cables, power lines, utility poles, utility tunnels, or similar uses.

(3)

Work required for the purpose of inspecting, repairing, or replacing roads, streets and alleys, easements, swales, stormwater conveyances, or similar uses.

(Code 2015, ch. 21, § 21.2.2.2)

(a)

In computing any period, the day of the act, event or default from which the designated period begins to run shall not be included and the period of time shall begin the following day and shall include Saturdays, Sundays and holidays except as provided in subsections (b) and (c) of this section.

(b)

The last day of the period is included unless it is a Saturday, Sunday or legal holiday, in which event, the period shall run until the end of the next business day that is neither a Saturday, Sunday, nor legal holiday.

(c)

When the period prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays, are excluded from the computation.

(Code 2015, ch. 21, § 21.2.3)

Official copies of all building permits, building appeal actions, and variances shall be kept on file in the zoning office or town hall.

(Code 2015, ch. 21, § 21.2.4)

(a)

There is created for the town the position of zoning official, ZO, which position may be separate from, or combined with, the position of building inspector for the town. The ZO is authorized to go upon any property located within the corporate limits of the town to investigate the location or construction of any building, or to investigate any land development, building, construction, or land clearing activity.

(b)

The ZO shall be provided with copies of acceptable building plans, architectural elevations, and a site plan with all applications for review and issuance of a certificate of zoning compliance. The ZO shall review all plans, including site plans, and shall determine the compliance or noncompliance of the proposed use and plans, including site plans, with existing LDC and zoning requirements where the proposed structure, construction, or development is to be located. The ZO shall review and confirm compliance with all requirements of this Code and consistency with the comprehensive plan including the required setback lines, maximum lot coverage, height requirements, and required elevations for all such proposed construction prior to issuing a the certification of compliance. Further, copies of all proposed changes to building plans, site plans, and architectural elevations shall be provided to the ZO, who shall sign off on and note any change on the building permit plans affecting LDC compliance.

(c)

Upon determination of compliance with all land development regulations and zoning compliance for such proposed use, the ZO shall issue a certificate of zoning compliance, which shall include a notation of any specific conditions or zoning requirements as hereinabove set forth. If a building permit has not been issued within one year, the certificate of zoning compliance shall be invalid.

(d)

A certificate of zoning compliance shall not be required for emergency repairs to protect lives and property.

(Code 2015, ch. 21, § 21.2.5)

The ZO shall review rezoning requests and submit a report thereon to the planning commission, which shall make a recommendation to the town council.

(Code 2015, ch. 21, § 21.2.5.5)

The ZO shall be empowered to propose written resolutions, fee structures, administrative rules, regulations or procedures to carry out the intent of this LDC; provided, however, no such rule, regulation or procedure shall become effective until an advisory recommendation is made by the planning commission and approved by the town council.

(Code 2015, ch. 21, § 21.2.5.6)

Whenever a violation of this LDC is alleged to have occurred, or is alleged to be occurring, any person may file a complaint in writing filed with the ZO. The ZO shall properly record such complaint and immediately investigate and act upon the complaint by issuing a stop-work order or notice of violation or noncompliance if found to be in violation or not fully in compliance with all requirements.

(Code 2015, ch. 21, § 21.2.5.7)