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(A) Administration. The administration of this chapter shall be in accordance with I.C. 36-7-4 et seq.
(B) Authority of Plan Commission, Board of Zoning Appeals and staff. The Plan Commission, Board of Zoning Appeals and staff shall be authorized to perform the following duties.
(1) The Plan Commission is hereby authorized to perform those duties and functions specified in I.C. 36-7-4-400 et seq. and other applicable sections of state law and such other responsibilities as may be assigned to it from time to time by the Board of Commissioners. The Plan Commission shall adopt written rules of procedure for the administration of the affairs of the Plan Commission and its staff for investigations and hearings.
(2) The Board of Zoning Appeals is hereby authorized to perform those duties and functions specified in I.C. 36-7-4-900 et seq. and other applicable sections of state law. The Board shall adopt written rules of procedure pertaining to the administration of this chapter and the conduct of hearings.
(3) The staff is authorized to take those lawful actions necessary to enforce the terms of this chapter on behalf of the Plan Commission and Board of Zoning Appeals. The staff shall also have the authority to perform inspections, to review applications and to issue permits. The staff is authorized to make inspections of all lands located in the jurisdiction of the Plan Commission or to enforce the provisions of this chapter. In order to execute inspections, the staff shall have the right to enter any premises at any reasonable time for the purpose of carrying out their duties in the enforcement of this chapter. The staff is authorized to take any action authorized under I.C. 36-7-4 et seq. to correct such violations.
(C) Building/location permits.
(1) A location improvement permit (building permit) shall be required for the construction, reconstruction, enlargement or location of any building, structure, manufactured housing or mobile home on any lot or lots. No permit shall be issued until all other permits required under this chapter have been issued. The permit shall expire if the work described in the permit has not commenced within 12 months of the date of the permit or if substantial completion (ready for occupancy and/or utilization for its intended use and with all exterior construction completed) is not achieved within 24 months from the date of the permit. Prior to the issuance of a location improvement permit the applicant(s) shall submit a copy of the most recent deed or land contract, a plot plan showing the exact location and measurements of existing and proposed structure(s) and either written approval from the county or State Board of Health approving a sanitary sewage disposal system for the subject property or written approval from a legally established and maintained public or private utility approved by the state permitting connection to or confirming prior connection to a sanitary sewer system.
(2) A location improvement permit shall also be required for the construction of a driveway, entrance, dam, culvert, bridging structure or any other improvement requested to be constructed in any right-of-way of the county. The application shall be accompanied by a drawing of the proposed improvement. The permit may be denied if the proposed improvement is deemed a hazard to the safety of persons traveling the road. If granted, the applicant may be required to install a minimum of 12-inch galvanized steel culvert pipe in order to insure proper drainage past the improvement to be built. The culvert, if required, shall be installed at the sole cost of the applicant.
(3) A location improvement permit shall also be required for the placement of an above ground swimming pool.
(4) Each above ground swimming pool shall be enclosed by a substantial fence or other barrier of at least 60 inches in height, which shall be adequate to prevent persons, children or domestic animals from danger or harm, and shall be equipped with a self-closing, self-latching gate. Such protective barrier may be chain-link, ornamental, solid fence or other solid vertical barrier including buildings. Where the pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access or a ladder or steps, then the ladder or steps shall be capable of being secured by lock or removed to prevent access, or the ladder or steps shall be surrounded by a protective barrier. The protective barrier shall be so constructed as to prevent the passage of a four-inch diameter sphere and not to create a ladder effect.
(D) Questions of interpretation. It is the intent of this chapter that all questions of interpretation shall be first presented to the staff. Appeals of staff decisions interpreting this chapter may be presented to the Board of Zoning Appeals as provided for in § 156.47.
(E) Platting, replatting and parcelization of land.
(1) A parcel of land platted or parcelized after the effective date of this chapter must conform to the minimum lot area, setbacks and lot width established for the district in which it is located, and must conform to all requirements set forth in Chapter 155, the subdivision control ordinance of the county.
(2) All splits must have a plat prepared by a licensed professional land surveyor and approved by the Plan Commission before the lot is recorded by the Recorder and Auditor and said plat shall be recorded with the deed. Parcels with existing buildings or structures must comply completely with this chapter and the subdivision control ordinance. Parcels which do not ever create building sites are not required to meet the lot size and width requirements.
(1) A proposal to amend the zoning maps incorporated by reference in this chapter shall be submitted to the Plan Commission and may be initiated by a member of the Board of Commissioners of the county, the Plan Commission or by a petition submitted by a property owner of the property affected by the proposed amendment to the zoning maps. All proposals to amend the zoning maps must be submitted, reviewed and acted upon in the manner prescribed by I.C. 36-7-4-608; I.C. 36-7-4-608.5; I.C. 36-7-4-609 and I.C. 36-7-4-610. In addition to the requirements set forth in the referenced statutes, a petition to amend the zoning maps must also be submitted in the form which complies with the rules and regulations of the Plan Commission.
(2) A proposed ordinance for the amendment or repeal of the zoning ordinance must be referred to the Plan Commission for consideration and report before the Board of Commissioners of the county takes any final action. Upon receiving or initiating a proposed ordinance the Plan Commission shall, within 60 days, hold a public hearing on the proposed ordinance.
(a) Notice of the public hearing shall be published one time at least ten days before the date of the Plan Commission hearing.
(b) The petitioner must mail a notice of the hearings by certified mail, return receipt to each of the abutting property owners no less than ten days prior to the Plan Commission hearing. In the event there are less than five abutting property owners, the petitioner must notify the abutting property owners and the next closest property owners so that a minimum of five property owners closest to the subject property are properly notified.
(c) Cost of the notices, including publication, shall be borne by the petitioner.
(d) In addition to all other notices as required by this chapter or state law, notice of all hearings before the County Plan Commission, with the exception of subdivision final plats, shall be posted in a conspicuous place on the subject property along all road frontage of the subject property at least every 500 feet at least ten days prior to the date of the hearing. Such signs shall be no smaller than 22 inches in height and 28 inches in width and shall bear lettering large and bold enough to be read from the road frontage. Each such notice shall state as a minimum: “The owner of this property has made a request before the Clark County Plan Commission on a proposed (rezoning, subdivision and the like). A public hearing will be held on the request at Room 308, County Building, Jeffersonville, Indiana, on the ___ day of __________, 20__, at ____ o’clock___.m.”
(3) Signs may be purchased in the Plan Commission Office.
(4) All signs shall be removed within ten days following final action.
(5) Any other amendments to the text of this chapter shall be effectuated in the manner prescribed by I.C. 36-7-4-602, I.C. 36-7-4-603, I.C. 36-7-4-604, I.C. 36-7-4-605, I.C. 36-7-4-606 and I.C. 36-7-4-607.
(Ord. 17-2007, passed 12-18-2007; Ord. passed 5-29-2008; Ord. passed 9-17-2009)