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The Board of County Commissioners may amend this chapter as proposed by a member of the Board of County Commissioners, the Plan Commission or by the owners of 50% or more of the area involved in the petition. Any amendment which has not originated with the Plan Commission may not be acted upon by the Board of County Commissioners until the Plan Commission, in accordance with law, has reviewed such proposal and made a recommendation to the Board of County Commissioners in writing.
(A) In its review, the Plan Commission shall make a determination as to whether the proposed amendment is in conformance or conflict with the goals of the County Comprehensive Plan, 1985. The Plan Commission shall also make findings of fact based upon evidence presented to it with respect to the following matters:
(1) Existing and proposed uses of land in the general area, and the impact of the proposed amendment on the character of such uses;
(2) The trend of development in the general area, including density, traffic conditions, conservation of property values, and availability of public services;
(3) The effect of the proposed amendment on implementing the policies of the Comprehensive Plan; and
(4) The highest and best use of the property in question.
(B) Following receipt of a written recommendation and findings of fact from the Plan Commission, the Board of County Commissioners shall act on such amendment within a reasonable period of time. If the Board of County Commissioners reject or amend such amendment report, then it shall be returned to the Plan Commission for its consideration with a written statement of the reasons for its rejection or amendment.
(C) In the event the report of the Plan Commission is adverse to a proposed amendment, the amendment shall not be passed except by an affirmative vote of at least two-thirds of the members of the Board of County Commissioners. If a proposed amendment is rejected by the Board of County Commissioners, it shall not be reconsidered until the expiration of one year after the date of its original rejection by the Plan Commission.
(Prior Code, § 153.160) (Ord. 93-02, passed 2-1-1993)
Applications and petitions filed pursuant to the provisions of this chapter shall be accompanied by a filing fee. Such fees and deposits shall be set by the Board of County Commissioners, and a schedule shall be kept on file in the office of the Zoning Administrator.
(Prior Code, § 153.161) (Ord. 93-02, passed 2-1-1993)
Whenever, in the course of administration and enforcement of this chapter, it is necessary to make an administrative decision which is not clearly governed by standards contained herein, such decision shall be made so that the result will not be contrary to the spirit and purpose of this chapter or injurious to the area affected.
(Prior Code, § 153.162) (Ord. 93-02, passed 2-1-1993)
The Plan Commission shall adopt rules which may not conflict with this chapter, nor the Indiana Code concerning:
(A) Improvement location permits, certificates of occupancy, and site plan application and approval procedure;
(B) Development Plan application and approval procedure;
(C) Zoning text and zone map amendment application, and approval procedure;
(D) Enforcement procedure;
(E) Hearing Officer procedure; and
(F) All other procedures necessary for the proper administration and enforcement of this chapter.
(Prior Code, § 153.163) (Ord. 93-02, passed 2-1-1993)
(A) Any person, partnership, or corporation who, or which, shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine not to exceed $1,500. Each day that a violation is continued shall constitute a separate offense.
(Prior Code, § 153.158)
(B) All violations of § 155.073(I) shall be punishable by a fine not to exceed $300 per day.
(Prior Code, § 153.051)
(Ord. 93-02, passed 2-1-1993; Ord. 2014-5, passed 6-7-2014)