§ 155.190 COMMITMENTS.

   In the case of a petition for a special exception or a variance from the terms of the Zoning Ordinance, the Board may permit or require the owner of a parcel of property to make a written commitment concerning the use or development of that parcel.

   (A)   The Board may:

      (1)   Adopt rules governing the creation, form, recording, modification, enforcement, and termination of commitments; and

      (2)   Adopt rules designating which specially affected persons and classes of specially affected persons are entitled to enforce commitments.

   (B)   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 by the Board, 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 by a decision of the Board made at a public hearing after notice as provided by rule.

   (C)   By permitting or requiring commitments, the Board does not obligate itself to approve or deny any request.

   (D)   Conditions imposed on the granting of an exception, use, or variance are not subject to the rules applicable to commitments.

   (E)   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, § 153.140) (Ord. 93-02, passed 2-1-1993)

§ 155.191 HEARING OFFICER.

   In accordance with I.C. 36-7-4-923, the Plan Commission may authorize a hearing officer who has the power of a Board of Zoning Appeals to approve or deny a variance for developmental standards or a special exception.

   (A)   The hearing officer may be a Board member, a staff member, or other person.

   (B)   All hearing officer rules and proceedings shall be in accordance with I.C. 36-7-4-924.

(Prior Code, § 153.141) (Ord. 93-02, passed 2-1-1993)

ADMINISTRATIVE PROCEDURES

§ 155.205 ZONING ADMINISTRATOR.

   The Zoning Administrator shall be appointed by the Plan Commission. The Zoning Administrator shall have the following duties:

   (A)   To administer and enforce the provisions of this chapter in accordance with its literal terms, and shall not have the power to permit any construction or any use, or change of use, which does not conform to this chapter;

   (B)   To issue improvement location permits and certificates of occupancy;

   (C)   To maintain a permanent file of all permits and applications as public records; and

   (D)   To ensure that during his review of improvement location permit applications, that all National Flood Insurance Program regulations, pertaining to state and federal permits, subdivision review, utility construction, record keeping (including lowest floor elevation), and watercourse alteration and maintenance have been met.

(Prior Code, § 153.155) (Ord. 93-02, passed 2-1-1993)

§ 155.206 IMPROVEMENT LOCATION PERMIT.

   The Zoning Administrator shall issue improvement location permits in accordance with this section.

   (A)   Except as provided below, an improvement location permit shall be obtained before any person may:

      (1)   Occupy or use any land;

      (2)   Construct, reconstruct, move, alter, or enlarge any structure;

      (3)   Change the use of a structure or land to a different use; or

      (4)   Change a non-conforming use.

   (B)   Improvement location permits are not required for the following:

      (1)   Agriculture (as defined) uses and structures;

      (2)   Water management and use facilities;

      (3)   Yard improvements listed herein;

      (4)   Land preparation activities listed herein;

      (5)   Above-ground swimming pools, hot tubs, and saunas, as specified herein;

      (6)   Storage of major recreational vehicles and trucks, as specified herein;

      (7)   Fences, as specified herein; and

      (8)   Vending machines listed herein.

   (C)   Applications for an improvement location permit shall include the following information:

      (1)   Name and address of the legal owner;

      (2)   Legal description and the street address of the property;

      (3)   A site plan, which includes the following:

         (a)   A scaled drawing showing the property dimensions and lots lines;

         (b)   An arrow indicating north;

         (c)   All adjacent streets, alleys, and roadways;

         (d)   All existing right-of-ways or easements;

         (e)   All entrances and exits on and off the property;

         (f)   The location of all existing and proposed structures, improvements, and paved areas;

         (g)   All existing and proposed bufferyards and landscaping;

         (h)   A drainage and erosion control plan, if required, as specified herein;

         (i)   Parking spaces and design of parking lots; and

         (j)   Elevation of lowest floor (including basement) of all proposed structures located in the special flood hazard area. Elevation should be in National Geodetic Vertical Datum of 1929 (NGVD).

      (4)   The application fee as established by the fee schedule.

   (D)   Improvement location permits shall become null and void one year from the date of issue. If the work described in the improvement location permit has not been substantially completed by the expiration of this time, no further work may proceed unless, and until, a new improvement location permit has been obtained.

   (E)   Within 30 days after the receipt of an application, the Zoning Administrator shall either approve or disapprove the application in conformance with the provisions of this chapter.

      (1)   If the improvement location permit application is approved, the applicant may proceed to secure any other applicable permits (e.g., building permit).

      (2)   If the application is disapproved, the Zoning Administrator shall state the reasons for disapproval in writing, and shall deliver such notice or refusal to the applicant.

(Prior Code, § 153.156) (Ord. 93-02, passed 2-1-1993)

§ 155.207 CERTIFICATE OF OCCUPANCY.

   Prior to occupancy of land or structure for which an improvement location permit was issued, a certificate of occupancy must be obtained to ensure full compliance with the terms of improvement location permit.

(Prior Code, § 153.157) (Ord. 93-02, passed 2-1-1993)

§ 155.208 ENFORCEMENT REMEDIES.

   In case any structure or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained, or used in violation of this chapter, the County Attorney, in addition to other remedies, may institute, in the name of the county, any appropriate action or proceeding to prevent, restrain, correct, or abate such building, structure, or land, or to prevent, in or about such premises, any act, conduct business, or use constituting a violation. All costs therein shall accrue to the person or persons responsible.

(Prior Code, § 153.159) (Ord. 93-02, passed 2-1-1993)