(A) General administration. The decision-making bodies and officials identified in this chapter have the responsibility for implementing and administering this chapter.
(1) Meeting schedule. The Administrator maintains an annual schedule of meeting and filing dates for the Technical Advisory Committee, Plan Commission, and BZA. Modifications of filing dates are considered if determined reasonable by the Administrator. The existence of this calendar does not prohibit special meetings or changes of meeting dates by the Technical Advisory Committee, Plan Commission, or BZA. The schedule of meeting and filing dates must be made available in the office of the Department.
(2) Fee Schedule. Filing fees for applications and petitions are set forth in the fee schedule. The fee schedule is established by resolution of the Council. Copies of the Fee Schedule are available in the office of the Department.
(B) Board of Zoning Appeals. The Bargersville Board of Zoning Appeals, established according to I.C. 36-7-4-900 et seq. has the powers and duties described below:
(1) To approve, approve with modifications, or deny any application for a variance from the development standards of this chapter;
(2) To approve, approve with modifications, or deny any application for a use variance;
(3) To grant, grant with modifications, or deny any application for a special exception;
(4) To hear and decide an appeal from any order, requirement, decision, or determination made by the Administrator or staff in the administration or enforcement of this chapter;
(5) To hear and decide an appeal from any order, requirement, decision, or determination made by any administrative board, other than the Plan Commission, in the administration or enforcement of this chapter;
(6) To enforce the provisions of this chapter;
(7) To adopt Rules of Procedure for the administration of the BZA's duties.
(C) Floodplain Administrator.
(1) Floodplain Administrator. The Director and/or designated staff of the Department, is designated as the Floodplain Administrator.
(2) Authority. The Floodplain Administrator is authorized and directed to enforce and implement the provisions of the floodplain regulations.
(3) Duties. The Floodplain Administer will, in connection with the implementation of this chapter and in accordance with Indiana law:
(a) Review floodplain development permits to assure the permit requirements of this chapter have been satisfied;
(b) Inspect and inventory damaged structures in the special flood hazard area (SFHA) and complete substantial damage determinations;
(c) Ensure that required construction authorization has been granted by the Indiana Department of Natural Resources for development subject to the Flood Plain Regulations;
(d) Ensure that all necessary federal or state permits have been received prior to issuance of an improvement location permit;
(e) Maintain improvement location permit records involving building additions and improvements to residences located in the floodway;
(f) Maintain related permits and information for buildings constructed subject the flood plain regulations;
(g) Utilize and enforce map revisions issued by the Federal Emergency Management Agency (FEMA) for the currently effective SFHA maps;
(h) Review certified plans and specifications for compliance;
(i) Verify required certifications of the actual elevation of the lowest floor for new or substantially improved buildings;
(j) Verify required certifications of the actual elevation of the floodproofing for any new or substantially improved buildings;
(k) Notify adjacent communities and the state's floodplain coordinator prior to any alteration or relocation of a watercourse and submit copies of the notifications to the Federal Emergency Management Agency;
(l) Assure that maintenance is provided within the altered or relocated portion of the altered watercourse, so the flood-carrying capacity is not diminished.
(D) Plan Commission. The Bargersville Plan Commission, being previously established according to I.C. 36-7-4-200 et seq. has the following powers and duties in connection with the implementation of this chapter.
(1) To initiate amendments to the text of this chapter and to the zoning map according to the procedures and standards for amendments set forth in § 154.180(L) and (M);
(2) To review all proposed amendments to this chapter and make recommendations to the Town Council according to the procedures and standards for amendments set forth in § 154.180(L) and(M);
(3) To review all planned unit development petitions and make recommendations to the Town Council for the adoption of the petitions according to the procedures and standards for planned unit developments set forth in § 154.180(F);
(4) To render final decision regarding secondary review of all planned unit development petitions according to the procedures and standards for planned unit development set forth in § 154.180(F);
(5) To initiate amendments to the Bargersville Thoroughfare Plan, to adopt, reject, or amend proposals to amend or partially repeal the text of the Bargersville Thoroughfare Plan, and to make recommendations on such matters to the Bargersville Town Council;
(8) To approve, approve with modifications, or deny all site plans according to the procedures and standards for site plans set forth in § 154.180(G);
(9) To supervise and adopt rules for the administration of the affairs of the Plan Commission;
(10) To record and file all bonds and contracts and assume responsibility for the custody and preservation of all papers and documents of the Plan Commission;
(11) To prepare, publish, and distribute reports, ordinances, and other material related to the Plan Commission activities as authorized by law or this chapter;
(12) To exercise all powers conferred on it by law, local ordinance or rule including to invoke any legal, equitable, or special remedy for the enforcement of state planning and zoning laws or this chapter.
(E) Director of Development.
(1) Administrative Officer. It is the duty of the Director of the Department of Development (the "Director") to enforce and implement the provisions of this chapter, receive applications required by this chapter, issue permits, and furnish the prescribed certificates.
(2) Duties. The Director and/or the Director's designees, in connection with the implementation of this chapter and in accordance with Indiana law, will:
(a) Maintain a Council approved Comprehensive Plan and the Unified Development Ordinance, as authorized under Indiana law;
(b) Maintain rules of procedures for holding meetings, holding public hearings, and enforcing the Comprehensive Plan and the Unified Development Ordinance;
(c) Maintain complete records of all meetings, hearings, correspondences, and affairs of the Plan Commission and BZA;
(d) Publish and make available to the public all plans, ordinances, and other related material that are the responsibility of the Plan Commission and BZA. All such records must be open to public inspection during the Department's normal hours of business;
(e) Maintain a permitting process and seal used to certify official or approved documents. Keep careful and comprehensive records of applications, permits issued, certificates issued, inspections made, reports rendered, and of notices or orders issued. Retain on file copies of all documents in connection with building work if any part of the structure to which they relate remains existence;
(f) Examine premises for which permits have been issued and make necessary inspections to see that the provisions of the law are within compliance;
(g) Enforce laws relating to the construction, alteration, use, occupancy, location, and maintenance of structures and land, except as may be otherwise provided for in local or Indiana law;
(h) Issue notices or orders necessary for enforcing compliance with the laws or preventing a violation of provisions of this chapter;
(i) Determine the appropriate categories of land uses not specifically listed on the Permitted Uses Table;
(j) Render interpretations of the provisions of this chapter;
(k) Approve or deny sign permit applications;
(l) Review applications for improvement location permits for compliance with the standards of this chapter;
(m) Issue improvement location permits for special exceptions after approval by the Board;
(n) Other duties set forth here or that may be delegated by the Plan Commission, BZA, or Council.
(F) Technical Advisory Committee. The Technical Advisory Committee is hereby created and vested with the review authority set forth below in connection with the implementation of this chapter:
(1) Membership. The Technical Advisory Committee is comprised of the following members.
(a) Bargersville Zoning Administrator;
(b) Bargersville Building Commissioner;
(c) Bargersville Director of Public Works;
(d) Bargersville Community Fire Department Fire Marshal;
(e) The Administrator may also invite representatives of the Bargersville Police Department, the School Corporation, representatives of the major utility companies, representatives of Plan Commission appointed committees, and representatives of Johnson County for applications or as necessity demands.
(2) Review authority.
(a) To review and evaluate applications for waivers and make recommendations to the Plan Commission, according to the procedures and standards for waivers set forth in the subdivision regulations.
(b) To review and evaluate all site plans, and make recommendations to the Plan Commission, according to the procedures and standards for site plan review set forth in § 154.180(G).
(c) To take such other actions as delegated by the Plan Commission that may be desirable and necessary to implement the provisions of this chapter.
(G) Town Council. The Town Council has the following powers and duties connected to the implementation of this chapter.
(1) As certified by the Plan Commission to approve, reject, or amend all or part of the Comprehensive Plan.
(2) To initiate amendments to this chapter and to adopt, reject, or amend proposals to amend or partially repeal the text of this chapter as set forth in § 154.180(M).
(3) To adopt, reject, or amend proposals to amend the zoning map according to the procedures and standards for amendments set forth in § 154.180(L).
(4) To adopt, reject, or amend a Planned Unit Development Ordinance according to the procedures and standards for amendments set forth in § 154.180(F).
(5) To approve, approve with modifications, or deny all applications for waivers from the Construction Standards, according to the procedures and standards set forth in § 154.145.
(6) To take such other actions not exclusively delegated to other bodies, which may be desirable and necessary to implement the provisions of this chapter.
(H) Zoning Administrator.
(1) Zoning Administrator. The Director and/or designated staff of the Department, is designated as the Zoning Administrator.
(2) Authority. The Zoning Administrator is authorized and directed to enforce and implement the provisions of this chapter.
(3) Duties. The Zoning Administer will, in connection with the implementation of this chapter and in accordance with Indiana law:
(a) Determine the appropriate categories of land uses not specifically listed on the Permitted Uses Table;
(b) Determine if a proposed home occupation use is compatible as a home occupation;
(c) Approve or deny sign permit applications;
(d) Review applications for improvement location permits for compliance with the performance standards of this chapter;
(e) Issue improvement location permits for special exceptions after approval of the BZA;
(f) Inspect properties for compliance with the provisions of this chapter;
(g) Take enforcement actions to bring violations into compliance with the requirements of this chapter, including investigating complaints, issuing stop work orders, and revoking sign permits.
(Ord. 2022-17, passed 7-19-2022)