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Board agrees to stay enforcement while Silver Creek School pursues rezoning and compliance plan
Summary
Sellersburg planning staff presented a letter from the school's attorney and the board voted to stay potential code enforcement on parking-surface issues for Silver Creek School Corporation while the school implements a plan and seeks rezoning; staff will monitor progress and return if circumstances change.
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The Sellersburg Board of Zoning Appeals on July 20 agreed to stay potential code enforcement actions related to parking-surface concerns at properties used by Silver Creek School Corporation while the district pursues a plan to come into compliance and files rezoning applications.
Planning staff introduced a letter from attorney Alex Intermille outlining that portions of a school's parking/staging area are currently on gravel and may not meet parking-surface requirements. Staff and the school's representatives said the school submitted rezoning applications that day, is correcting deeds for parcels owned in part by West Clark and Silver Creek School Corporation, and intends to implement a plan expected to bring the site into compliance within 90 days if followed.
Staff characterized the requested stay as a goodwill, good-faith measure that would not be an official waiver; the stay would suspend enforcement while the school implements the plan and pursues rezoning. A board member said the stay would allow the school time to rezone parcels from R-2 to a commercial zone (B-2) that would better accommodate parking use. Board members discussed that the lot was previously used to stage construction materials and confirmed that the properties are not town-owned; the town would not be liable for injuries on non-town property.
Motion and vote: A motion to stay potential code enforcement against Silver Creek School Corporation pending implementation of the compliance plan and rezoning was made, seconded and carried on a voice vote by members present. The board instructed planning staff to remain in contact with the school and its attorney and to bring the matter back if circumstances change.
What happens next: Staff will monitor the school’s progress on deed corrections and rezoning applications and will report back to the board if the compliance plan is not implemented or if additional enforcement action is warranted.

