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ADMINISTRATION AND ENFORCEMENT
(A) Zoning Administrator. The Plan Commission shall appoint the Zoning Administrator, who shall have the duty to enforce the provisions of this chapter in the manner and form and with the powers provided in the laws of the state and in the ordinances of the city.
(Ord. 466, § 4-13-1, passed 5-11-98)
(B) Membership of Commission.
(1) All members of the Plan Commission shall be residents of the jurisdiction of the city as defined in § 152.005. The Commission shall be made up of nine members as follows:
(a) Three members appointed by the Common Council, who must be elected or appointed municipal officials or employees in the municipal government, pursuant to I.C. 36-7-4-207(b)1.
(b) Four members appointed by the mayor, as citizen members, of whom no more than two may be of the same political party, pursuant to I.C. 36-7-4-207(b)2.
(c) Two members appointed by the County Executive, as citizen members, who must reside in the unincorporated area under the jurisdiction of the Plan Commission and not be of the same political party, pursuant to I.C. 37-7-4-214 (a).
(2) The term of office of the Commission shall be governed by I.C. 36-7-4-217, as it may be amended from time to time, for those members appointed from the municipal government and by I.C. 36-7-4-218 for citizen appointed members.
(Ord. 466, § 4-13-2, passed 5-11-98)
(C) Organization of Commission. The organization and procedures of the Commission, for the purposes of this chapter, shall be governed by the 300 series; Commission Organization of I.C. 36-7-4, as the same may be amended from time to time, and by any rule or regulation duly adopted by the Commission.
(Ord. 466, § 4-13-3, passed 5-11-98)
(D) Powers and duties of Commission. The duties of the Commission are governed by the provisions of the Advisory Plan Commission in I.C. 36-7-4-401, as the same may be amended from time to time. In addition, the Commission shall have the following duties:
(1) Hear and determine all development plans which are required to be submitted under this chapter.
(2) Be authorized and empowered to do and perform any act which is required or allowed under state law.
(3) Be authorized and empowered to adopt, without public notice or hearing, any rules or regulations allowed or required under I.C. 36-7-4, as the same may be amended from time to time, or such other rules or regulations as the Commission may deem necessary or advisable for the effective administration of its duties under state law.
(4) Be authorized and empowered to appoint an Executive Director and/or a Zoning Administrator, as well as a secretary and any other employees as are necessary for the discharge of the duties of the Commission; and to prescribe any duties or responsibilities for those positions, subject to the requirements and limitations prescribed under this chapter and under state law. The positions of Executive Director and Zoning Administrator may be held by the same person.
(Ord. 466, § 4-13-4, passed 5-11-98)
The powers and duties of the Zoning Administrator shall be as follows:
(A) He shall be empowered to enforce and, if necessary, prosecute any actions for violations of this chapter, in the manner and form and with the powers provided under this chapter.
(B) He shall be authorized and empowered to issue to qualified applicants any permits permitted or required under the provisions of this chapter.
(C) He shall be authorized and empowered to do and perform any acts as may be required or prescribed under the provisions of this chapter or by the Commission under rules or regulations duly adopted, or otherwise.
(Ord. 466, § 4-13-5, passed 5-11-98)
(A) Membership.
(1) All members of the Board of Zoning Appeals shall be residents of the jurisdiction of the city as defined in § 152.005. The Board shall be made up of six members as follows:
(a) Three citizen members appointed by the mayor, of whom one must be a member of the Plan Commission and two must not be members of the Plan Commission.
(b) One citizen member appointed by the Common Council, who must not be a member of the Plan Commission.
(c) One citizen member appointed by the Plan Commission from its membership, other than the member appointed under subdivision (1)(a) above.
(d) One citizen member appointed by the Plan Commission, who shall be one of the two citizen members who were appointed to the Plan Commission to represent the unincorporated area, and who shall reside in the unincorporated area under the jurisdiction of the Plan Commission, pursuant to I.C. 36-7-4-903.
(2) The term of office of the Board shall be governed by I.C. 36-7-4-906, as it may be amended from time to time.
(Ord. 466, § 4-13-6, passed 5-11-98)
(B) Organization of Board. The organization and procedures of the Board, for the purposes of this chapter, shall be governed by the 900 series; Board of Zoning Appeals of I.C. 36-7-4, as it may be amended from time to time, and by any rule or regulation duly adopted by the Board. (Ord. 466, § 4-13-7, passed 5-11-98)
(C) Powers and duties of Board.
(1) The duties of the Board are governed by I.C. 36-7-4, sections 918.1 through 918.7 as amended from time to time, including the following:
(a) Hear and determine appeals from and review any order, requirement, decision or determination made by the Zoning Administrator.
(b) Hear and determine appeals from and review any order, requirement, decision or determination made by an administrative official, hearing officer, staff member or administrative board designated by ordinance (other than the Plan Commission) made in relation to the enforcement of the zoning ordinance, subdivision control ordinance and the enforcement of the building and occupancy permits as adopted under I.C. 36-7 and all sections therein applicable.
(c) In exercising its powers, the Board may reverse or affirm, wholly or partly, or may modify any order, requirement, decision or determination in appealed from as in its opinion ought to be done in the premises and to that end shall have all the powers from whom the appeal is taken.
(d) Hear, approve, deny, permit and authorize contingency uses, special uses and approve or deny variances of use from the terms of this chapter.
(2) In exercising its powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from as in its opinion ought to be done in the premises, and to that end shall have all powers of the officer or Board from whom the appeal is taken. It may impose conditions regarding the location, character, and other features of the proposed building, structure or use with which the appeal before it is concerned as it may deem advisable in the furtherance of the purposes of this chapter, and the protection of the public convenience and welfare.
(Ord. 466, § 4-13-8, passed 5-11-98)
(A) Improvement location permit.
(1) No building or structure shall be erected, reconstructed, enlarged or moved until an improvement location permit shall have been applied for in writing and issued by the Zoning Administrator. When a mobile home is used as an agricultural dwelling, a permit shall be required. The permit shall be posted in a prominent place on the premises prior to and during the period of erection, reconstruction, enlargement or moving. The permit shall be valid for six months after the date of issuance. The Zoning Administrator shall have the power to renew the improvement location permit.
(2) The Zoning Administrator shall issue an improvement location permit, upon written application, when the proposed structure, improvement or use and its location conform in all respects to the City Master Plan.
(3) Every application for an improvement location permit shall be accompanied by the following:
(a) A site plan drawn to scale showing the ground area of the building or structure, the building lines in relation to lot lines, the number of stories or the height of building or structure, the use to be made of the building, or structure, or land, and all other information required by the Zoning Administrator for the proper enforcement of this chapter.
(b) The site plan shall be attached to the application for an improvement location permit when it is submitted to the Zoning Administrator and shall be retained by the Plan Commission as a public record.
(4) Any decision of the Zoning Administrator concerning the issuance of an improvement location permit may be appealed to the Board of Zoning Appeals by any person claiming to be adversely affected by that decision.
(5) The issuance of an improvement location permit cannot substitute for or supersede the requirement of any ordinance adopted by the Common Council which requires the issuance of a Building Permit before the construction of any building or structure. The issuance of any improvement location permit does not waive any requirement of any pertinent city, state or federal ordinance, rule, regulation or law.
(6) No improvement location permit for erection of any building shall be issued before the application has been made for a certificate of occupancy.
(Ord. 466, § 4-13-9, passed 5-11-98)
(B) Certificate of occupancy.
(1) No occupancy, use or change of use, except buildings incidental to agricultural operations shall take place until a certificate of occupancy shall have been applied for, in writing, and issued by the Zoning Administrator in the following cases:
(a) Occupancy and use of a building or structure hereafter erected or enlarged.
(b) Change in use of an existing building or structure.
(c) Occupancy and use of vacant land, except for agricultural operations.
(d) Change in the use of land to a use of a different classification, except for agricultural operations.
(e) Any change in the use of a nonconforming use.
(2) Written application for a certificate of occupancy for a new building or for an existing building which will be enlarged shall be made at the same time as the application for an improvement location permit.
(3) Written application for a certificate of occupancy shall be applied for within ten days of a contemplated change in use of a building of land. If the proposed use is in conformity with the provisions of this chapter, the certificate of occupancy therefor shall be issued within four days after the application for the same was made.
(4) A record of all certificates of occupancy shall be kept on file in the office of the Commission and a copy shall be forwarded, on request, to any person having proprietary or temporary interest in the building or land affected.
(5) Pending the issuance of a certificate, a temporary certificate of occupancy may be issued by the Zoning Administrator for a period of not more than six months during the completion of the construction of the building or of alterations which are required under the terms of any law or ordinance. A temporary certificate may be renewed, but it shall not be construed in any way to alter the respective rights, duties or obligations of the owner or of the city relating to the use of occupancy of the land or building, or any other matter covered by this chapter, and a temporary certificate shall not be issued except under restrictions and provisions as will adequately insure the safety of the occupants.
(Ord. 466, § 4-13-10, passed 5-11-98)
(C) Sign permit. Prior to the construction, placement, alteration or relocation of any sign covered by this chapter, the individual responsible for the sign must first obtain a permit from the Zoning Administrator and make payment of the appropriate fee. (Ord. 466, § 4-13-11, passed 5-11-98)
(D) Contingent and special use permit reviews.
(1) A public hearing shall be required before the Board may permit either a contingent use or
a special use.
(2) Permitted contingent uses and consideration factors are identified in § 152.029.
(3) Permitted special uses and consideration factors are identified in § 152.030.
(Ord. 466, § 4-13-12, passed 5-11-98) Penalty, see § 152.999
Applications filed pursuant to the provisions of this chapter requiring Plan Commission or Board of Zoning Appeals approval shall be accompanied by the filing fees specified by the fee schedule adopted by Commission resolution. The fee schedule shall not be a part of this chapter and may be revised from time to time by Commission resolution. Fees may be applied, but not limited to, the following applications:
(A) Variance application.
(B) Special use permit application.
(C) Contingent use permit application.
(D) Sign permit application.
(E) Improvement location permit application.
(F) Certificate of occupancy application.
(G) Development plan application.
(H) Amendment to approved development plan if public hearing is necessary.
(I) Application to amend this chapter.
(J) Application to appeal all order, requirement, decision or determination made by the Zoning Administrator.
(Ord. 466, § 4-13-13, passed 5-11-98)
(A) It shall be the duty of the Zoning Administrator to enforce the provisions of this chapter in the manner and form and with the powers provided by this chapter.
(B) All departments, officials and employees of the city which are vested with the duty of authority to issue permits or licenses shall conform to the provisions of this chapter and shall issue no permit or license for any use, building or purpose if the same would be in conflict with the provisions of this chapter. Any permit or license issued in conflict with the provisions of this chapter shall be null and void.
(C) The Zoning Administrator or the Board, or with respect to the development plan, the Zoning Administrator or the Commission, shall also have the discretionary power to issue all order for proceedings and work on any structure, premises, land or lot which is in violation of this chapter, to be immediately stayed, and to call upon the police power of the city to give effect to the order. A decision by the Zoning Administrator to issue such an order may be appealed to the Board, or with respect to a development plan, to the Commission; however, the decision of the Zoning Administrator to issue a stay order shall remain in effect during the pendency of the appeal, and thereafter unless modified or revoked by the Board, or if applicable, the Commission. A violation of such an order issued by the Zoning Administrator, the Board or the Commission shall be considered a violation of this chapter.
(Ord. 466, § 4-13-14, passed 5-11-98)
COMMERCIAL ARCHITECTURAL REVIEW
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