HomeMy Public PortalAbout2003-02 ADOPTION & AMENDMENTS,O,ze 0-003
Adoption & Amendments
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.See Also: Indiana Code
36 -7 -4 -701
See Also: Indiana Code
36 -7 -4 -602 and 36 -7 -4 -607
e SueorvisioN CONma OROnuNCE
1.4 Adoption & Amendments
A. Transition Rules: The following transition rules shall apply to the adop-
tion of this Ordinance:
1. Subdivision Regulations: Any subdivision either fully approved or sub-
mitted and docketed for a public hearing prior to the adoption of this
Ordinance shall be regulated by the terms and conditions of the subdivi-
sion control ordinance which were in place at the time of its docketing.
However, all administrative procedures and penalties shall follow those
set forth by this Ordinance.
2. Zoning Ordinance: Every plat shall conform to the zoning ordinance
applicable at the time of its docketing. However, all administrative
procedures and penalties shall follow those established by any subse-
quent revisions to the zoning ordinance.
3. Permit Applications: Any application for an Improvement Location Per-
mit which has been filed with the Plan Commission and which is full
and complete, prior to the effective date of this Ordinance, shall be
regulated by the terms and conditions of the subdivision control ordi-
nance which was in place at the time of filing. However, all administra-
tive procedures and penalties shall follow those set forth by this Ordi-
nance.
4. Property Splits: All new building sites shall meet the requirements of
this Ordinance unless:
a. An Improvement Location Permit for the site has been issued and
is still valid, or
b. A buildable lot was approved by the Plan Commission or the Board
of Zoning Appeals prior to the effective date of this Ordinance.
5. Previous Approvals: All Sketch Plans and Preliminary Plats regulated
by this Ordinance which were approved prior to the effective date of
this Ordinance, and not yet executed through either the receipt of an
Improvement Location Permit authorizing construction, or the record-
ing of the Final Plat in the office of the Putnam County Recorder, shall
expire and become void I year following the effective date of this Or-
dinance. All approvals which expire and/or become void shall comply
with all applicable provisions of this Ordinance if re- issued.
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B. Amendments: The following provisions shall apply to amendments to this
Ordinance. Consistent with IC 36 -7 -4 -701, this section provides that this
Subdivision Control Ordinance may be amended or repealed in the same
manner as the zoning ordinance.
1. Procedure: In accordance with IC 36 -7 -4 -602, the Greencastle City
Council may amend or partially repeal the text of this Ordinance. The
City Council orthe Plan Commission may initiate a proposal to amend
orpartially repeal the text of this Ordinance according to the procedure
of IC 36-7-4-602(b) and IC 36 -7 -4 -607.
2. Decision Criteria: In the review of the text amendments, the City Council
and the Plan Commission shall pay reasonable regard to:
a. The most recently adopted Greencastle Comprehensive Plan;
b. The current conditions and character of structures and uses in each
district;
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• 1.4 Adoption & Amendments (cunt.)
Adoption & Amendments
c. The most desirable use for which the land in each district is adapted;
d. The conservation of property values throughout the City;
e. Responsible development and growth; and
f. The public health, safety and welfare.
C. Repealer: The City of Greencastle Subdivision Control Ordinance of March
14, 1989 (adopted as ordinance number 1989 -7) and all subsequent amend-
ments are hereby repealed. This Ordinance shall replace the repealed ordi-
nance as of the effective date listed in Section 1.4(F) below.
This ordinance also repeals and replaces any other ordinances adopted by
the City of Greencastle 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, or the application of any provision, of this
Ordinance 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.
E. 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 subdivision ordinance. Also, this Ordinance shall not be construed
. as discontinuing, reducing, modifying, or altering any penalty accruing or
about to accrue.
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1.4 Adoption & Amendments (cont.)
This Ordinance was passed and adopted by the Greencastle, Indiana City
Council as ordinance 2003 -02 on the 27th day of February, 2003.
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Clerk- Treasurer
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Adoption &Amendments
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