Received 11/18/15 Clerk-Treasurer email Auburn in 46706 ordinance no. 2015-15 an ordinance to amend portions of chapter 150 of title XV: land usage of the auburn city code



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150.110 SHORT TITLE


This chapter shall be known as the "Auburn Zoning Code".

150.120 PURPOSE AND BASIC PROVISIONS OF CHAPTER


  1. Master Plan

The zoning regulations and zone districts as herein set forth are made in accordance with a master plan to promote the public health, safety, morals, convenience, and general welfare of the community; to insure that adequate population densities, light, air, convenience of access, and safety from fire, flood, and other dangers may be secured; that congestion in the public streets, roads and rights-of-way may be lessened or avoided; to facilitate adequate provision for a system of transportation, sewage disposal, safe and adequate water supply, education, recreation, and other public needs; and to conserve the expenditure of funds for public improvements and services to conform with the most advantageous uses of land, resources, and properties.

  1. Authority

This chapter is adopted pursuant to IC 36-7-4 et seq. and all acts supplemental and amendatory to it.

  1. Compliance

No buildings, dwellings, structures, or land shall hereafter be used; and no building, dwelling, structure, or part thereof shall be erected or moved unless in conformity with the regulations of this chapter.

  1. Severability

If any subchapter, section, clause, provision, or portion of this chapter shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other subchapter, section, clause, provision, or portion of this chapter.

  1. Jurisdiction

The jurisdiction of this chapter shall include lands and waters of the incorporated area of the city. All buildings erected, all uses of land or buildings established, all structural alterations or relocations of buildings, and all enlargements of or additions to uses occurring after adoption of this chapter shall be subject to all provisions of this chapter which are applicable to the zoning districts in which those buildings, uses, land, or waters shall be located.

  1. Application

This chapter is not intended to interfere with, abrogate, or amend any easements, covenants or other agreements existing prior to adoption. This chapter is not intended to repeal, abrogate, annul, or in any way interfere with any provisions of laws or ordinances existing prior to adoption; or any rules, regulations or permits adopted or issued prior to law before that date relating to the use of buildings or premises.

  1. Restrictive standards

    1. Whenever the provisions of this chapter are more restrictive, or impose higher standards than are required by any state statute, or any provision of any other provision of this Code of Ordinances, or of any other ordinance of this city, or by any restrictions or limitations as to particular property established by deed, plat, or otherwise running with the land, the provisions of this chapter shall govern.

    2. Whenever the provisions of any state statute, or of any other ordinance of this city, or any restriction or limitation established by deed, covenant, plat, or otherwise running with the land, are more restrictive, or impose higher standards than are required by this chapter, the provisions of such statute, ordinance, chapter, deed, covenant, plat, restriction, or limitation shall govern.



150.130 RULES OF CONSTRUCTION


For the purpose of this chapter, certain words and phrases used herein shall be interpreted as follows:

  1. The word "PERSON" includes an individual, firm, association, organization, partnership, trust, company, corporation, unit of government or any other legal entity.

  2. The masculine includes the feminine.

  3. Words used in the present tense include the past and future tense; the singular tense includes the plural, and the plural, the singular.

  4. The word "SHALL" is a mandatory requirement, the word "MAY" is a permissive requirement, and the word "SHOULD" is a preferred requirement.

  5. The words "USED" or "OCCUPIED" include the words "intended, arranged, or designed to be used or occupied".

  6. Unless otherwise specified, all distances shall be measured horizontally in any direction.



150.140 INTERPRETATION OF THE ZONING MAP


Where, due to the scale, lack of detail, or illegibility of the zoning map, there is an uncertainty, contradiction, or conflict as to the intended location of any zoning district boundary as shown thereon, the Administrator/Zoning Administrator shall make an interpretation of said map upon the request of any person. Any person aggrieved by such interpretation may appeal such interpretation to the Board of Zoning Appeals. The Administrator/Zoning Administrator and the Board of Zoning Appeals, in interpreting the zoning map or deciding any appeal, shall apply the following standards:

  1. Zoning district boundary lines are intended to follow lot lines, or be parallel or perpendicular thereto, or along the centerline of alleys or streets, or along water courses, contour lines, or other similar established lines.

  2. Where zoning district boundary lines are so indicated that they approximately follow lot lines, such lot lines shall be construed to be such boundary lines.

  3. Where a zoning district boundary line divides a lot, the location of any such zoning district boundary line, unless indicated by dimensions shown on the zoning map, shall be determined by the use of the map scale shown thereon.

  4. If, after the application of the foregoing rules, uncertainty still exists as to the exact location of a zoning district boundary line, or the physical or cultural features existing on the ground are at variance with those shown on the official zoning map, the boundary line shall be determined in a reasonable manner considering the history of uses of property and history of zoning ordinances and amendments in the city as well as all other relevant facts.



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