The most recent ordinances will be added to the website after they have been approved and signed at a Board meeting.  "Draft" copies will be available for viewing or purchase at the Santa Claus Town Hall,  90 N. Holiday, Santa Claus IN eight (8) days after a scheduled meeting date.

WHEREAS, on November 23, 2009, Town of Santa Claus, Parks and Recreation Department filed a Petition for Rezoning with the Santa Claus Advisory Plan Commission: and

WHEREAS, on February 1, 2010, following notice and public hearing according to law, the Santa Claus Advisory Plan Commission certified the proposed rezoning to the Town Council with a favorable recommendation; and,

WHEREAS, the Town Council gave notice of its intention to consider the proposed rezoning pursuant to I.C. 5-14-1.5-5; and,

WHEREAS, the Town Council has considered the Petition and is of the information and belief that such change in the zoning maps is in accordance with the comprehensive plan, current conditions and the character of current structures and uses in the district is in the best interest of the Town and encourages responsible development and growth and the conservation of property values throughout the Town.

NOW, THEREFORE, BE IT ORDAINCED by the Town Council of the Town of Santa Claus, Indiana, that:

1.  The zoning maps incorporated into the Town of Santa Claus Zoning and Subdivision Control Ordinance, Ordinance Number 2006-04 hereby are amended to alter the zoning districts of the parcels described on Exhibit A from Am-Amusement Park and CG-Commercial General, to A-Agricultural. 

Exhibit A

A portion of the Northeast Quarter of Section 36, Township 4 South, Range 5 West and

going into the Northwest Quarter of Section 31, Township 4 South, Range 4 West and

being in Carter and Harrison Townships, Spencer County, Indiana, and more

specifically described as follows:

Commencing at the northeast corner of said Section 36, Township 4 South, Range 5

West; thence north 90 degrees 00 minutes west a distance of 588.08 feet; thence south 00

degrees 00 minutes east a distance of 1639.50 feet to a 5/8 inch rebar set on the south

right-of-way of Ashburn Road, the point of beginning; thence with said south right-of way

south 53 degrees 24 minutes 59 seconds east a distance of 986.07 feet (passing a 5/8

inch rebar at 220.00 feet and being the south corner of January Subdivision in Holiday

Village, Santa Claus, Indiana) to a 5/8 inch rebar set; thence leaving said right-of-way

south 13 degrees 17 minutes 02 seconds west a distance of 542.76 feet to the center of an

unnamed drain; thence with said drain north 64 degrees 58 minutes 19 seconds west a

distance of 111.39 feet; thence north 53 degrees 11 minutes 46 seconds west a distance of

509.63 feet; thence north 32 degrees 54 minutes 13 seconds west a distance of 191.03 feet;

thence north 46 degrees 14 minutes 57 seconds west a distance of 406.26 feet; thence

leaving said drain north 36 degrees 35 minutes 01 seconds east a distance of 401.23 feet

(passing a 5/8 inch rebar set at 13.91 feet) to the point of beginning, containing 12.07

acres, more or less, and subject to all legal highways and rights-of-ways.

10.04 acres of the above described real estate are located in Section 36, Township 4

South, Range 5 West and 2.03 acres of the above described real estate are located in

Section 31, Township 4 South, Range 5 West.

Tract 2:

A portion of the West Half of Section 31, Township 4 South, Range 4 West, Harrison

Township, Spencer County, Indiana, bounded and described as follows:

Commencing at the northeast corner of Section 36, Township 4 South, Range 5 West

(northwest corner of Section 31, Township 4 south, Range 4 West); thence west 588.08

feet to a point; thence south 1639.50 feet to a 5/8" pin found on the south right-of-way

line of Ashburn Road, which is the record point of beginning of the 12.07 acre tract

belonging to the Town of Santa Claus, Indiana, as described in Deed Record 168, Page

639; thence south 53 degrees 24 minutes 59 seconds east 986.07 feet along the south

right-of-way line of Ashburn Road (into Section 31, Township 4 South, Range 4 West) to

a 5/8" pin set at the record northeast corner of the above-mentioned 12.07 acres tract,

which is the POINT OF BEGINNING of the 1.618 acre tract surveyed hereon. Thence

from said point of beginning, south 53 degrees 24 minutes 59 seconds east 241.74 feet

along the south right-of-way of Ashburn Road to a point in the center of “Old State

Road 162"; thence south 34 degrees 49 minutes 56 seconds west 490.55 feet along the

center of said “Old State Road 162" to a point in the center of a concrete culvert over an

unnamed drain; thence north 55 degrees 55 minutes 50 seconds west 44.77 feet along

said unnamed drain to a point of intersection with the easterly line of the abovementioned

12.07 acre tract; thence north 13 degrees 17 minutes 02 seconds east 536.00

feet to the point of beginning (previous record distance for said line is 542.76 feet).

Contains 1.618 acres and is subject to all easements and legal rights-of-way.

Tract 3:

A part of the West half of the Northwest quarter of the Northwest quarter and a part of

the West half of the Southwest quarter of the Northwest quarter of Section 31,

Township 4 South, Range 4 West, Harrison Township, Spencer County, Indiana, and

better described as follows:

Commencing at an existing Iron Pin at the Northeast corner of the West half of

the Northwest quarter of the Northwest quarter of said Section 31; thence South 00

degrees 57 minutes 17 seconds West 892.83 feet along the East line of said West half of

the Northwest quarter of the Northwest quarter to an existing Iron Pin at the Southeast

corner of Lot 275 in January Section of Holiday Village Subdivision in Santa Claus and

the Point of Beginning; thence South 00 degrees 57 minutes 17 seconds West 453.95 feet

along the East line of said West half to an Iron Pin set at the Southeast corner of said

half quarter-quarter; thence South 00 degrees 57 minutes 17 seconds West 25.19 feet

along the East line of the West half of the Southwest quarter of the Northwest quarter of

said Section 31 to a Mag Nail set in the centerline of Old State Road 162; thence along

said centerline for the following 5 course calls: thence South 67 degrees 33 minutes 10

seconds West 32.36 feet; thence South 59 degrees 24 minutes 31 seconds West 82.67 feet;

thence South 48 degrees 56 minutes 34 seconds West 82.07 feet; thence South 39 degrees

32 minutes 42 seconds West 82.97 feet; thence South 34 degrees 36 minutes 16 seconds

West 240.58 feet to a Mag Nail set in the Projection of the North right-of-way line of

Ashburn Road; thence North 53 degrees 18 minutes 26 seconds West 582.39 feet to a

Point in the West line of the West half of the Southwest quarter of the Northwest

quarter of said Section 31; thence North 00 degrees 44 minutes 58 seconds West 55.95

feet to the Southwest corner of the West half of the Northwest quarter of the Northwest

quarter of said Section 31; thence North 00 degrees 44 minutes 58 seconds West 452.89

feet along the West line of said West half to the Point of Beginning and containing 8.53

acres in the West half of the Northwest quarter of the Northwest quarter and 3.85 acres

in the West half of the Southwest quarter of the Northwest quarter and a total of 12.38

acres more or less.

Tract 4:

A part of the East half of the Northeast quarter of Section 36, Township 4 South, Range

5 West, Carter Township, Spencer County, Indiana, and better described as follows:

Beginning at an Iron Pin set at the Southeast corner of Lot 262 in January Section

of Holiday Village Subdivision in Santa Claus; thence North 36 degrees 41 minutes 34

seconds East 320.60 feet to the Southeast corner of Lot 264 in said Subdivision; thence

South 89 degrees 29 minutes 03 seconds East 154.78 feet along the South line of said

Subdivision to a point in the East line of said East half; thence South 00 degrees 44

minutes 58 seconds West 508.84 feet along said East line to a Point in the North

right-of-way line of Ashburn Road; thence North 53 degrees 18 minutes 26 seconds

West 423.62 feet along said North right-of-way line to the Point of Beginning and

containing 2.46 acres more or less.

Tract 5:

A part of the Northeast quarter of Section 36, Township 4 South, Range 5 West,

Carter Township, Spencer County, Indiana, and better described as follows:

Commencing at an existing Cornerstone at the Southwest corner of the Southeast

quarter of the Northeast quarter of said Section 36; thence South 89 degrees 15 minutes

29 seconds East 562.83 feet along the South line of said quarter-quarter; thence North

725.84 feet to the Southwest corner of the Yellig Park property in Book 168 Page 639 and

the Point of Beginning; thence West 216.15 feet to an Iron Pin set; thence North 05

degrees 58 minutes 15 seconds East 167.58 feet to an Iron Pin set; thence North 47

degrees 00 minutes 50 seconds West 577.37 feet to an Iron Pin set; thence North 55

degrees 48 minutes 40 seconds West 337.68 feet to an Iron Pin set in the South

Right-of-Way line of Ashburn Road; thence North 84 degrees 58 minutes 32 seconds

East 40.95 feet along said Right-of-Way to the beginning of a curve to the right; thence

Southeasterly 895.93 feet along said curve which has a radius of 1236.94 feet and a long

chord of South 74 degrees 03 minutes 26 seconds East 876.47 feet; thence South 53

degrees 18 minutes 26 seconds East 320.00 feet to an existing Iron Pin; thence South 36

degrees 41 minutes 38 seconds West 401.22 feet to the Point of Beginning and

containing 7.92 acres more or less.

Passed and Adopted by the Town Council of the Town of Santa Claus, Indiana on the 8th day of February 2010.

Ordinance 2010-02

An Ordinance Amending Town of Santa Claus, Indiana Zoning and Subdivision Control Ordinance

Whereas, Indiana law empowers the Town to enact a zoning ordinance and to provide for its adminstration, enforcement and amendment; and,

Whereas, the Town adopted a Comprehensive Plan by Resolution 1995-03 on January 30, 1995; and,

Whereas, the Town thereafter adopted the "Zoning Ordinance of Santa Claus, Indiana" by its Ordinance 1995-05 on April 20, 1995, which Zoning Ordinance has been amended from time to time since its adopted; and,

Whereas, the Town thereafter repealed, restated and replaced the Zoning Ordinance of Santa Claus, Indiana, as enacted by Ordinance 1995-05; by and with the enactment of Ordinance 2006-04; and,

Whereas, the Advisory Plan Commission has recommended that certain alterations and amendments to the Zoning Ordinance are necessary; and,

Whereas, all requirements of I.C. 36-7-4-600 et seq. have been met in the adoption of this Ordinance.

Now, therefore, be it ordained by the Town Council of the Town of Santa Claus, Indiana:

1.  Section 11.15.10 shall be amended by deleting Section 11.15.10 in its entirety and replacing it with the following:

"11.15.10 Pavement.

     11.15.10.1.  Flexible Type Pavement (Asphaltic surface).

     Minimum design characteristics shall be as follows:

** Nine (9) inch thickness required at all intersections and where heavy truck traffic is proposed by Developer or Subdivider.

The Commission shall determine the subbased requirements for rigid pavement based upon the characteristics of the area.  The Developer shall submit with the preliminary plan supporting data on the subbase being proposed for rigid pavement streets."

Passed and Adopted by the Town Council of the Town of Santa Claus, Indiana on this, the 8th day of February, 2010.

Ordinance 2010-03

An Ordinance Rezoning Certain Real Estate Located With the Territorial Jurisdiction of Santa Claus and Amending the Zoning Maps

WHEREAS, on November 13, 2009, Paul Gogel, d/b/a Santa's Retreat, filed a Petition for Rezoning with the Santa Claus Advisory Plan Commission; and,

WHEREAS, on February 1, 2010, following notice and public hearing according to law, the Santa Claus Advisory Plan Commission certified the proposed rezoning to the Town Council with a favorable recommendation; and,

WHEREAS, the Town Council gave notice of its intention to consider rezoning pursuant to I.C. 5-14-1.5-5; and,

WHEREAS, the Town Council has considered the Petition, and is of the information and belief that such change in the zoning maps is in accordance with the comprehensive plan, current conditions and the character of current structures and uses in the district is in the best interest of the Town and encourages responsible development and growth and the conservation of property values throughout the Town.

NOW, THEREFORE, BE IT ORDAINED  by the Town Council of the Town of Santa Claus, Indiana, that:

1.  The zoning maps incorporated into the Town of Santa Claus Zoning and Subdivision Control Ordinance, Ordinance Number 2006-04 are amended to alter the zoning district of the following described parcels from R2-Residential to C-Commercial:

A part of the west half of the southeast quarter of section one(1), township five (5) south, range five (5) west, beginning at the northwest corner of the southeast quarter of the southeast quarter of the northwest quarter of section one (1), township five (5) south, range five (5) west; thence east one hundred eighty nine (189) feet to the center of a county gravel road; thence south thirty seven (37) degrees forty (40) minutes east with the center of said county road five hundred ninety five (595) feet; thence south ninety six and sixty seven hundredths (96.67) feet; thence west six hundred sixty (660) feet, more or less, to the west line of said west half; thence north four hundred sixty and twenty seven hundredths (460.27) feet to the place of beginning, containing five (5) acres, more or less.

This ordinance and the rezoning of the real estate described herein shall be effective only upon the execution and recording of a written commitment by the record owner restricting the use of the real estate, as attached hereto, and zoning of the described lands shall revert to its current zoning in the vent the property owner fails to comply with such Commitment.

PASSED AND ADOPTED by the Town Council of the Town of Santa Claus, Indiana on the 8th day of February, 2010.

ORDINANCE 2010-04

 AN ORDINANCE ESTABLISHING FEES AND

CHARGES FOR USE OF YELLIG PARK

WHEREAS, the Town of Santa Claus has received and is expected in the future to

receive rentals and other receipts from the use of Yellig Park for sports tournaments

and other uses; and,

WHEREAS, the Town Council deems it advisable and expedient to establish such fees

and designate the appropriate fund for deposit of such fees and charges; and,

WHEREAS, Chapter 1.51 sets forth certain charges and fees for the use of properties

operated by the Town’s Parks and Recreation Department.

NOW THEREFORE, be it ordained by the Town Council of the Town of Santa Claus,

Indiana, that Section 1.51.010(2) of the Municipal Code of the Town of Santa Claus,

Indiana is hereby amended by deleting Section 1.51.010(2) in its entirety and replacing

said Section as follows:

“(2) The following fees for the use of Yellig Park are hereby established and shall

be charged by the Parks and Recreation Board:

A. Use of Lights for use other than for organized sports or tournaments

authorized to use Yellig Park by the Parks and Recreation Department (2 hours

limit), $25.00;

B. User Fees for organized sports authorized to use Yellig Park by the Parks and

Recreation Board, $13.00 per player per sport per year;

C. Tournament Fees for tournaments authorized to use Yellig Park by the Parks

and Recreation Board pursuant to a License Agreement with the Board:

i. License Fee for Tournament Use for 1 Weekend Tournament:

Non-profit groups: $1,500.00

For-profit groups: $3,000.00 plus 20% of all entry fees for

teams participating in the tournament;

ii. Field dragging and/or field preparation: $10.00 per hour, with a four-

hour minimum accrual;

iii. Park cleanup: $20.00 per hour per person;

iv. Quick-Dry, Chalk, Paint and other field supplies: Actual Cost to Town;

v. Dumpster Tipping Fee: Actual Cost to Town;

vi. A security deposit in an amount as established by the Parks and

Recreation Board for use of Yellig Park.

D. All fees and charges for concessions sold on properties under the governance

of the Parks and Recreation Board may be established and altered by the Parks

and Recreation Board at their discretion.

The Parks and Recreation Board shall provide an annual report to the Town Council for all such charges and fees.  All receipts for use of Yellig Park shall be deposited into the Town’s Parks and

Recreation Fund 204002.”

PASSED AND ADOPTED by the Town Council of the Town of Santa Claus, Indiana on

the 12th day of April, 2010.

ORDINANCE 2010-05

AN ORDINANCE REZONING CERTAIN REAL ESTATE LOCATED WITHIN THE TERRITORIAL JURISDICTION OF SANTA CLAUS AND AMENDING THE ZONING MAPS

WHEREAS, review of the records of the Town of Santa Claus reflected a discrepancy in the rezoning of certain lands in Section 2, Township 5 South, range 5 West, insofar as proper rezoning was not completed pursuant to a request by Robert Phillips in 1997; and,

WHEREAS, on March 22, 2010, following notice and public hearing according to law, the Santa Claus Advisory Plan commission certified the proposed rezoning to the Town Council with a favorable recommendation; and,

WHEREAS, the Town Council gave notice of its intention to consider the proposed rezoning pursuant to I.C. 5-14-1.5-5; and,

WHEREAS, the Town Council has considered the Petition and is of the information and belief that such change in the zoning maps is in accordance with the comprehensive plan, current conditions and the character of current structures and uses in the district is in the best interest of the Town and encourages responsible development and growth and the conservation of property values throughout the Town.

NOW, THEREFORE, BE IT ORDAINCED by the Town Council of the Town of Santa Claus, Indiana, that:

1.  the zoning maps incorporated into the Town of Santa Claus Zoning and Subdivision Control Ordinance, Ordinance Number 2006-04 hereby are amended to alter the zoning districts of the parcel located in Section 2, Township 5 South, Range 5 West, within the territorial boundaries of the Town of Santa Claus, Indiana, as described on the attached Exhibit A form CG-Commercial, to R-3 Residential. 

PASSED AND ADOPTED by the town Council of the Town of Santa Claus, Indiana on the 12th day of April, 2010.

Exhibit A

A part of the East Half of the Fractional northeast Quarter of Section 2, Township 5 South, Range 5 West in Clay Township, Spencer County, Indiana, being more particularly described as follows, to-wit:

Beginning at an existing iron pin marking the southwest corner of a 0.27 acre tract of land owned by Bobby Allen Roberts; thence north 264.24 feet, more or less, to the northwest corner of a 0.25 acre tract of land owned by Richard L. Hagedorn; thence east 196.27 feet, more or less, to the southwest corner of a tract of land owned by Lloyd W. Winkler and Brenda Winkler; thence north along the west line of said Winkler tract 122.5 feet, more or less, to the northwest corner thereof; thence east 112 feet, more or less, along the north lien of said Winkler tract to the northeast corner thereof; thence south 24 feet along the east line of said Winkler tract to an existing iron pin; thence east to the the northeast corner of a tract of land owned by George Lance and Carol J. Lance; thence south 220 feet, more or less, to the southeast corner of a tract of land owned by Klay A. Kress and Heidi L. Kress; thence east along the north right-of-way line of White Pine Drive to a point; thence south along the east right-of-way line of White Pine Drive to the northeast corner of a tract owned by Gary T. Terry and Carol J. Terry; thence south a distance of 109.20 feet, more or less, along the east line of said Terry tract to the southeast corner thererof; thence north 89 degrees 38 minutes 35 seconds west a distance of 113.80 feet to the southwest corner of said Terry tract; thence west a distance of 582.80 feet to the point of beginning.