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HomeMy Public PortalAbout2003-01 ADOPTION & AMENDMENTSD. )-0 ©3 -1 Adoption and Amendments 1.4 Adoption and Amendments A. Transition Rules: The following transition rules shall apply to the adoption of this ordinance. Prior Improvement Location Permit Film e Any application for an improvement location permit that has been filed with the Plan Commission or its designees and is full and complete, prior to the effective date of this Ordinance, shall be regulated by the terns and conditions of the zoning ordinance that was in place at the time of filing. However, all administrative procedures and penalties shall follow those set forth by this Ordinance. 2. Prior Zonine Map Amendment Film e Any application for a Zoning Map Amendment that was filed with the Plan Commission or its L J designees, and is full and complete prior to the effective date of this Ordinance, shall continue through the process to completion pursuant to the terns and conditions of the zoning ordinance that 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 this Ordinance, the City Planter shall amend the application such that the request for rezoning would accomplish the same end goal for the applicant. Prior BZA Petition Filing Any application before the Board of Zoning Appeals (i.e. special exception, use variance, development standards variance) that has been filed with the Board of Zoning Appeals or its designees and is full and complete, prior to the effective date of this Ordinance, shall continue the process pursuantto the terms and conditions of the zoning ordinance that was in place at the time of filing, provided that: a. If such application is no longer required by the terms of this Ordinance, the application will be dismissed; or, b. If the proposed use or development requires additional approvals from the Board of Zoning Appeals pursuant to the terms of this Ordinance that were not required under the previous zoning ordinance, the application will be amended, by the City Planner, to include only those additional approvals that are now required and within thejurisdiction of the Board of Zoning Appeals. 4. Expiration of Previous Approvals All variances, special exceptions, and any other applicable petitions regulated by this Ordinance which were approved prior to the effective date of this Ordinance and not executed through the proper receipt of an improvement location permit shall expire and become void I year following the effective date of this Ordinance. a. All improvement location Penn its issued prior to the effective date of this Ordinance shall be void I year after their date of issue if construction has not begun. #7 ZONING OROINMICE b. Improvement location permits issued prior to the effective date of this Ordinance for which construction has begun shall become void if construction is abandoned for a period of 6 consecutive months or if, in the opinion of the City Planner, construction has otherwise ceased. 1 -6 2002 - Ra ARCHRECTS INC. 1.4 Adoption and Amendments (cunt.) c. All approvals which expire and/or become void shall comply with all applicable provisions of this Ordinance if re-issued. B. Amendments: The following process and decision criteria shall apply to amendments of this Ordinance: 1. Amendment Process In accordance with I.C. 36 -7 -4 -602, the Greencastle City Council may amend or partially repeal the text of this Ordinance or they may amend the Official Zoning Map of this Ordinance as follows: a. The City Council 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 Plan Commission Rules and Procedures. b. The City Council, Plan Commission, or at least 50% of the affected property owners may initiate a petition to change the Official Zoning Map according to the procedure of I.C. 36- 7- 4- 602(c) and I.C. 36- 74 -608 and according to the Plan Commission Rules and Procedures and the requirements ofArticle I I ,Administration,of this Ordinance. 2. Amendment Decision Criteria In its review of the text and zoning map amendment proposals, the Plan Commission and City Council shall pay reasonable regard lo: a. the most recently adopted Comprehensive Plan; b. current conditions and the character of structure and uses in each district; c. the most desirable use for which the land in each district is adapted; d. the conservation of property values throughout thejurisdiction; e. responsible development and growth; and f. the public health safety and welfare. C. Repealer and Previous Ordinances: The City of Greencastle, Indiana Zoning Ordinance dated May I, 1985, and its associated Zoning Map and any revisions to either are hereby repealed. This City of Greencastle, Indiana Zoning Ordinance and the referenced and updated Official Zoning Map shall replace the repealed ordinances. This Ordinance also repeals and replaces other ordinances adopted by the City ofGreencastle to fulfill the requirements of the National Flood Insurance Program. However, this Ordinance does not repeal the original resolution or ordinance adopted to achieve eligibility in the program. D. Severability: If any provision of this Ordinance or the application of any provision to particular circumstances is held unconstitutional or invalid by the courts, the remainder of the Ordinance or the application of such provision to other circumstances shall not be affected. L. Saving Provision: This Ordinance shall not be construed as eliminating or reducing any action now pending under, or by virtue of, an existing law or previous zoning ordinance. Also, this Ordinance shall not be construed as discontinuing, reducing, modifying, or altering any penalty accreting orabout to accrue. Adoption and Amendments O 2002 - RATIO Ak.HITECT$ INC- 1-7 GITVOF GREENCASTLE ,� 003 -1 Adoption and Amendments U] L 1.4 Adoption and Amendments (coot.) Effective Date: This Ordinance shall be in full force and in effect Febru- ary 28, 2003. The effective date is based on the passage and notice of adoption as required by law. This Ordinance was recommended for adoption by the City of Greencastle, Indiana Plan Commission on the 1 I th day of December, 2002. IN ZONING ORDINANCE 1 2002 - RATiO ARCHITECTS INC. 1.4 Adoption and Amendments (cons.) Clerk- Treasurer Adoption and Amendments D This Ordinance was passed and adopted by the Greencastle, Indiana City Council as Ordinance 2003 -1 on the 27th day of February, 2003. 2002 - RATIO ARCHITECTS ANC. 1-9 QTY OF GREENCASTLE