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Post-construction, the applicant shall comply with the following provisions.
(A) Road repairs. Any road damage caused by the construction of project equipment, the installation of the same, or the removal of the same, shall be repaired as per the road use and maintenance agreement approved by the Board of County Commissioners. The County Highway Superintendent may choose to require either remediation of road repairs upon completion of the project or is authorized to collect fees for oversized load permits. Further, a corporate surety bond, in an amount to be fixed by a professional engineer, may be required by the County Highway Superintendent to ensure the county that future repairs are completed to the satisfaction of the unit of local government. The cost of bonding is to be paid by the applicant.
(B) As-built plans requirement. Where upon completion of all development, the exact measurements of the location of utilities and structures erected during the development are necessary for public record and shall therefore be recorded. The applicant, owner, or operator shall submit a copy of the final construction plans (as-built plans), as amended, to the Planning Department with the exact measurements thereon shown. The Building Commissioner, after being satisfied that the measurements are substantially the same as indicated on the originally approved final plan(s), shall approve, date, and sign said construction plans for the project, which the applicant, owner, or operator shall then record.
(C) Change in ownership. It is the responsibility of the owner or operator listed in the application to inform the Planning Department of all changes in ownership and operation during the life of the project, including the sale or transfer of ownership or operation.
(Prior Code § 153.089) (Ord. 2019-03, passed 5-7-2019)
DEVELOPMENT PLANS
(A) Pursuant to I.C. 36-7-4-601(d)(3), no improvement location permit shall be issued for any commercial or industrial structure or use in the B-1, Convenience Business District, B-4, General Business District, I-1, Light Industrial District, I-2, General Industrial District, or RP, Riverfront Protection Overlay District, until a Development Plan has been submitted, reviewed, and approved by the Plan Commission in accordance with the following provisions.
(B) In the B-1, B-4, 1-1, and 1-2 Districts, this section does not apply to construction of any accessory structures, or construction of any additions to a principal structure which does not require additional parking according hereto.
(1) The application for approval of a proposed Development Plan shall be submitted to the Zoning Administrator, and shall be accompanied by a fee as specified by the Fee Schedule to cover the cost of review. The application shall consist of not less than two prints of each drawing submitted as part of the proposed Development Plan and any supporting documentation. The proposed Development Plan shall be drawn in accordance with standard architectural and engineering practices to clearly indicate the following:
(a) Property lines and total acreage of parcel proposed for development;
(b) All existing streets, rights-of-way, and easements related to the development;
(c) Location of existing structures, relevant natural features, and other improvements to the property which may affect the development of the site;
(d) Required front, side, and rear yard lines;
(e) Contour lines at two-foot intervals where average slope exceeds 10%;
(f) Tree masses and all individual trees having a diameter of four inches or greater;
(g) Location of proposed structures, walkways, driveways, entrances, parking facilities, loading spaces, landscaping, signs, lighting facilities, fences or walls, and other site improvements or amenities;
(h) Contours and sufficient elevations to show proposed gradings, and data to show gradient of access drives and parking facilities;
(i) Location and approximate size of utilities to serve the development;
(j) Existing zoning classification of the property;
(k) North arrow and scale; and
(1) A Drainage Plan shall be submitted according to the specifications herein providing for drainage away from structures and shall be coordinated with the general storm drainage pattern for the area. The drainage shall be designed to eliminate standing water and to prevent drainage to adjacent property or right-of-way.
(2) Upon submission of a Development Plan which meets the above criteria, the Zoning Administrator shall docket the Development Plan for Plan Commission review and approval. A public hearing is not required before the Plan Commission. However, if a variance or a special exception is necessary from the Board of Zoning Appeals for a proposal, said Board approval must be received prior to submission to the Plan Commission.
(3) Following its review, the Plan Commission may grant preliminary approval to the proposal, and such approval will authorize the applicant to proceed with the preparation of a final Development Plan.
(D) The Plan Commission shall not grant preliminary approval unless all screening, landscaping, parking, loading, outdoor storage, and all other general development standards of this chapter and the Comprehensive Plan are met. Additionally, the Plan Commission shall ensure that all utilities and drainage are properly planned for and designed. The Plan Commission may request that other interested agencies review the Plan prior to its approval.
(E) Final approval may be granted to a Development Plan by the Zoning Administrator after preliminary approval has been granted, and when any conditions which may have been attached to preliminary approval, have been met. The issuance of a certificate of occupancy shall be subject to verification by the Zoning Administrator that all requirements of approval have been carried out satisfactorily. Any development contrary to the approved Plan shall constitute a violation of this chapter.
(F) Within ten days of public hearing, the Plan Commission certifies, according to I.C. 36-7-4-608 this section, a favorable, unfavorable, or no recommendation to the Board of County Commissioners. Along with the recommendation, the Plan Commission may impose reasonable conditions. Conditions may be in the form of written commitments as allowed in I.C. 36-7-4-1015(g) and this section.
(G) Commitments shall be recorded in the office of the County Recorder and take effect upon the granting of the exception, use, or variance. Unless modified or terminated in accordance with I.C. 36-7-4-1015, a commitment is binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the parcel. A commitment is binding on the owner of the parcel even if it is unrecorded; however, an unrecorded commitment is binding on a subsequent owner or other person acquiring an interest in the parcel only if that subsequent owner or other person has actual notice of the commitment. A commitment may be modified or terminated only in accordance with the I.C. 36-7-4-1015 and the Plan Commission’s by-laws and rules of procedures.
(H) Pursuant to I.C. 36-7-4-1015, the Plan Commission may permit or require the owner of a parcel of property to make a written commitment concerning the use or development of that parcel as a condition of approval.
(1) The Plan Commission may adopt rules:
(a) Governing the creation, form, recording, modification, enforcement, and termination of commitments; and
(b) Designating which specially affected persons, and classes of specially affected persons, are entitled to enforce commitments.
(2) Within ten day business days after the Plan Commission’s determination, the Plan Commission shall certify the amendment to the Board of County Commissioners with a favorable recommendation, unfavorable recommendation, or no recommendation. Written commitments may be permitted or required for a zone map amendment or Planned Unit Development District Ordinance, as specified in I.C. 36-7-4-1015 and this section.
(3) (a) Commitments shall be recorded in the office of the County Recorder and take effect upon granting of the approval. Unless modified or terminated in accordance with the I.C. 36-7-4- 1015 and the Plan Commission’s by-laws, rules, and procedures, a commitment is binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the parcel.
(b) A commitment is binding on the owner of the parcel even is it is unrecorded; however, an unrecorded commitment is binding on a subsequent owner, or other person acquiring an interest in the parcel, only if that subsequent owner, or other person, has actual notice of the commitment.
(c) A commitment may be modified or terminated only by a decision of the Plan Commission made at a public hearing after notice, as provided by rule.
(4) By permitting or requiring a written commitment, the Plan Commission does not obligate itself to make a favorable or unfavorable recommendation.
(5) A new commitment may be made or a commitment may be modified or terminated only in accordance with the I.C. 36-7-4-1015 and the Plan Commission’s by-laws and rules of procedures.
(6) A commitment must be in substantially the form set forth in the Plan Commission by-laws and rules of procedure.
(7) The owner of the property shall be required to notify the office of the Plan Commission of his, her, or their timely compliance with such commitments by filing an affidavit to such effect. This affidavit must be submitted before any development or construction begins.
(8) Written commitments shall be enforced in accordance with I.C. 36-7-4-1015 and with this section.
(I) This section does not affect the validity of any covenant, easement, equitable servitude, or other land use restriction created in accordance with law.
(Prior Code, § 153.100) (Ord. 93-02, passed 2-1-1993, Ord. 2015-02, passed 1-19-2015) Penalty, see § 155.999
Editor’s note:
I.C. 36-7-4-613 repealed by Pub. Law No. 126, § 68, approved 5-9-2011.
NON-CONFORMITIES
The following provisions shall apply to all non-conforming uses.
(A) A non-conforming use of land or structure, or both in combination, may be continued, but may not be extended, expanded, or changed, unless to a conforming use, except as specified herein, or as permitted by the Board of Zoning Appeals in accordance with the provisions of this chapter.
(1) Any use existing in any Floodway Overlay or Floodway Fringe Overlay District at the time of adoption of this chapter which is not in accordance with the standards and regulations specified herein may be expanded or enlarged; provided such modification does not increase the value of the use by more than 40% of its pre-improvement market value (excluding the value of the land). Prior to the issuance of all local permits, such modification must be reviewed and approved by the State Department of Natural Resources.
(2) A non-conforming residential use may be expanded, subject to the approval of a special exception by the Board of Zoning Appeals. In reviewing petitions, the Board shall, in addition to other criteria, consider the following:
(a) The number of times a home may be expanded shall be limited to once, unless special circumstances warrant; and
(b) Expansions which would significantly increase the market value of the home shall be discouraged unless special circumstances warrant. As a general guide, the Board shall consider an increase of 40% over the preimprovement market value as being a significant increase.
(B) An existing non-conforming use which occupies only a portion of an existing structure may be extended throughout such structure; provided such change or extension does not eliminate, displace, prevent, or restrict the continuance of any then existing use being concurrently carried on in the structure which conforms with the requirements of this chapter.
(C) (1) If no structural alterations are made, any non-conforming use of a structure, or structure and land, may be changed to another non-conforming use; provided that the Board of Zoning Appeals approves of such change as a special exception.
(2) In reviewing specific cases, the Board shall only approve a proposed use if it is equally appropriate, or more appropriate, to the district than the existing or former non-conforming use. In addition, the Board of Zoning Appeals may require appropriate conditions and safeguards in accordance with the provisions of this chapter.
(D) If any non-conforming use of land, or structure, or both, in combination ceases for any reason for a period of more than 12 consecutive months, the land, structure, or structure and land in combination shall not thereafter be used, except in conformance with the regulations of the district in which it is located, unless after this time period has elapsed a use is approved as a special exception by the Board of Zoning Appeals.
(E) Whenever a non-conforming use has been changed to a conforming use, it shall not thereafter be changed again to a non-conforming use, unless permitted by the Board of Zoning Appeals in accordance with the use variance procedure.
(F) There shall be no expansion whatsoever of a non-conforming junkyard to cover a greater land area than what was covered on the effective date of this chapter.
(G) An existing use which is listed herein as a special exception, and which is located in a district in which such special exception may be permitted, is a conforming use. Any expansion of such special exception involving the enlargement of buildings, structures, and land area devoted to such use shall be subject to special exception approval by the Board of Zoning Appeals.
(Prior Code, § 153.115) (Ord. 93-02, passed 2-1-1993)
In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory structures may be erected on any single lot of record as of the effective date of the adoption of this chapter. Yard dimensions (including yard requirements not involving area or width of the lot) shall conform to the regulations for the district in which the lot is located. Variance of any requirements other than area or width stated in the appropriate district regulations shall be obtained through the Board of Zoning Appeals.
(Prior Code, § 153.116) (Ord. 93-02, passed 2-1-1993; Ord. 95-14, passed 11-20-1995)
Where a structure exists that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, and other characteristics of the structure, or its location on the lot, the structure may be continued so long as it remains otherwise lawful, subject to the following provisions.
(A) No such structure may be enlarged or altered in a way which increases its non-conformity;
(1) Any structure which is non-conforming only with respect to the regulations specified herein may be expanded or enlarged; provided such modification is on a one-time basis; and further provided that such modification does not increase the value of the structure by more than 40% of its pre-improvement market value (excluding the value of land). Prior to the issuance of any local permits, such modification must be reviewed and approved by the State Department of Natural Resources;
(2) An open porch or carport non-conforming only to setbacks may be enclosed; provided the original foundation or roof and supports are not removed, but in no event shall such improvement be less than 50% of that distance required;
(3) A structure non-conforming only to the setback regulations may be added to or enlarged if the additions or enlargements do not encroach into any portion of any required yard to a greater extent than the existing non-conforming building, but in no event shall any such additions or enlargements be less than 50% of that distance required by the yard requirements of the district in which the lot is located; and
(B) If any non-conforming structure is damaged by fire, flood, explosion, or other casualty to an extent more than 75% of its pre-damaged value, the structure shall not be restored, except in conformity with the regulations of the District within which it is located. Any non-conforming structure damaged to a lesser extent shall be subject to approval of required variances by the Board of Zoning Appeals prior to reconstruction or restoration. Non-conforming structures located in any Floodway Overlay or Floodway Fringe Overlay District may not be reconstructed if the amount of damage exceeds 40% of the pre-damaged value of the structure.
(Prior Code, § 153.117) (Ord. 93-02, passed 2-1-1993)
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