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A. Site Development Plan Required. No land within the jurisdiction of the Plan Commission shall be developed or altered for the purpose of constructing buildings or establishing uses - except for Detached Single-Unit Dwellings, Two-Unit Dwellings, and Manufactured Homes in an approved Manufactured Home Park - without first having received Site Development Plan approval from the Plan Commission.
B. Site Development Plan Application. All Site Development Plan applications must be submitted in accordance with the submittal requirements set forth thereon.
C. Site Development Plan Review. Site Development Plan review may be performed by Plan Commission staff or by outside private consultants at the joint discretion of the Plan Commission and Board of Public Works and Safety. Applicants shall follow rules of procedure adopted by the Plan Commission and the Board of Public Works and Safety.
D. Design Requirements and Improvements Requirements. Requirements, standards and specifications for engineering design for construction of improvements for Site Development Plans shall be equal to or greater than the minimum requirements, standards, and specifications established for design and improvements in this Ordinance. The City Engineer may approve other engineering designs or practices when he/she deems necessary.
E. Contents of Site Development Plans. All Site Development Plans shall be submitted under the seal and signature of a Professional Engineer or Registered Land Surveyor licensed to practice in the State of Indiana. Site Development Plans submitted for review shall observe the format as outlined in the application.
F. Other Required Submittals for Approval of a Site Development Plan. The Applicant shall be required to submit written documentation of the following, when applicable:
1. Utility encroachment approvals;
2. Johnson County Drainage Board approval;
3. Other local, state, and federal approvals, including other City boards, commissions, or departments;
4. Inspection and testing agreements with the Board of Public Works and Safety;
5. Outside reviews as required by the City;
6. Easements and rights-of-way not on a plat-like document shall be submitted in the form prescribed by the Board of Public Works and Safety and include both a full legal description and a drawing exhibit; and
7. An outdoor lighting plan.
G. Engineering Assurances.
1. Each application for approval of a Site Development Plan shall be accompanied by the following:
a. Certificate of Sufficiency of Plans; and
b. Certificate of Obligation to Observe.
2. Both certificates shall be properly executed in the form prescribed by the Plan Commission by the licensed engineer, or surveyor preparing the Site Development Plan.
H. Grounds for Rejection of a Site Development Plan Application. The Planning Director may reject any application for the following reasons:
1. Failure to complete the application;
2. Failure to include a complete Site Development Plan;
3. Failure to include all required submittals; or
4. Failure to provide legible submittals.
I. Resubmittal of Site Development Plan. Submit two (2) physical, one (1) digital, and one (1) CAD sets of the final, revised plans showing conditions required by the Plan Commission. Final revised plans shall be submitted at least ten (10) working days prior to issuance of a permit.
J. Financial Assurances. As a condition of granting approval for a Site Development Plan, the City reserves the right to require financial assurances to guarantee construction according to plans of all public improvements proposed in a Site Development Plan and for certain private improvements, including but not limited to site grading, drainage improvements, erosion control, sanitary sewers, private streets, landscaping and buffering, or other improvements which may directly impact adjacent properties or the health, safety, or welfare of the general public. Such assurances of performance shall be in an amount and form as prescribed by the City. Public improvements shall be dedicated within two (2) years of the date of Plan Commission approval unless time extensions are granted by the City. If public improvements are not dedicated with two (2) years, the City may take any action deemed necessary to ensure completion to a point of dedication.
K. Site Development Plan Approval Valid for Three Years.
1. Upon expiration of the three (3)-year period the Site Development Plan approval shall be deemed null and void unless:
a. The Plan Commission has granted a time extension not to exceed two (2) years; or
b. A permit has been issued to permit commencement of site improvements.
2. The Plan Commission shall not grant more than one (1) time extension for Site Development Plan approval (not to exceed two (2) years).
3. Once a permit has been issued and development has commenced the improvements shall be completed within ten (10) years of the date the application was filed. Failure to complete improvements within said time frame shall void the plan approval and the permit.
L. Deviation from an Approved Site Development Plan and Additions to Existing Structures.
1. If the installation of the elements on the Site Development Plan materially deviates from the approved Site Development Plan (as determined by the Planning Director or City Engineer), the Site Development Plan shall be resubmitted to the Plan Commission for a new Site Development Plan approval in accordance with the procedures and requirements for Site Development Plan approval. For purposes of this section, material deviation is one that:
a. Adds, removes, or reconfigures an internal street or relocates an access point;
b. Affects a condition of Site Development Plan approval that was established by the Plan Commission during the Site Development Plan approval stage;
c. Reduces the area devoted to open spaces or buffer landscaping;
d. Would require a waiver of the requirements and standards of these regulations or would negate the basis for a modification that was granted; or
e. Involves the enlargement of a nonresidential building footprint on the site due to future additions that are more than ten percent (10%) of the gross floor area or five thousand (5,000) square feet, whichever is less.
2. Minor changes that do not constitute material deviation shall be reviewed and approved by the Planning Director.
M. Record Drawings and Certificate of Completion and Compliance. The developer or owner shall cause record drawings to be prepared and submitted to the Planning Director for all streets, drainage ditches and facilities, utility pipes and structures, and finished grade elevations for the project, showing compliance with the approved Site Development Plan. Said record drawings shall be filed with the Planning Director prior to the release of any performance assurances. The record drawings shall be accompanied by a Certificate of Completion and Compliance properly executed in the form prescribed by the Plan Commission by the licensed engineer, or surveyor preparing the Site Development Plan and/or record drawings. Record drawings, including the approved final plat shall be submitted on the forms specified by the Plan Commission.
1. General Requirements. Plans are to contain a certification statement that the improvements have been installed in reasonable compliance with the original design plans with respect to horizontal locations and grades and any deviations of locations, grade or material use are shown in these record drawings. Said certification is to be sealed and signed.
2. Specific Requirements. The plans shall contain such additional detail as required by the Plan Commission, including, but not limited to, a waiver of liability in favor of the City related to the installation and construction of the same.
N. All requests for a decision or approval under this subsection begins with the property owner or agent thereof filing a complete site development plan application(“application”) with the Planning Director on forms provided for and in the quantities specified by the Plan Commission or the Board in its written rules of procedure.
O. A complete application shall include all required submissions and the payment in full of all applicable fees.
P. The Planning Director, or his/her designee, will determine whether an application is complete and is ready to be processed. In some instances, an additional application may be deemed necessary by the Planning Director and, if so, an application will not be deemed to be complete unless and until all applications are submitted and reviewed and determined to be in accordance with all submittal requirements. The applicant will be notified in writing of any deficiencies in the completeness of the application and shall have thirty (30) days from the date thereof to complete the application or the application will be deemed null and void.
Q. Until all applicable fees, charges, and expenses have been paid in full, no final action or release shall be taken on any application.
R. If a decision on the application is to be made by someone other than the Planning Director, then the complete application shall be forwarded to the appropriate body for review.
S. Permits to be Issued by Building Commissioner. No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefore issued by the Building Commissioner or his/her representative in accordance with Plan Commission policies and procedures. No improvement location permit shall be issued by the Building Commissioner or his/her representative except in conformity with the provisions of this Ordinance, unless he/she first receives a written order from the Board of Zoning Appeals in the form of an administrative review, special exception, or variance as provided by this Ordinance.
T. Application for a Land Alteration Permit. All applications for improvement location permits shall be accompanied by plans drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of building already existing, if any; and the location and dimensions of the proposed building or alteration. The improvement location application shall include such other information as lawfully may be required by the Planning Director, Building Commissioner or their representatives, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot. The Building Commissioner or his/her representative shall retain the plans for a minimum period of five (5) years from the date of issuance of a certificate of occupancy.
(Ord. 20-29, §2, 9-21-20; Ord. 21-44, §1, 10-4-21)
A. This section grants authority to the Plan Commission and the Board of Zoning Appeals, within their respective jurisdictions, to allow or require commitments in connection with the following approvals or actions, in compliance with Ind. Code § 36-7-4-1015:
1. Adoption of a rezoning proposal;
2. Primary approval of a proposed Subdivision Plat or Site Development Plan;
3. Approval of a vacation of all or part of the plat; or
4. Approval of an application for a:
a. Special Exception;
b. Special Use;
c. Contingent Use;
d. Conditional Use; or
e. Variance.
5. This section also grants authority to the Plan Commission and Board of Zoning Appeals to adopt rules:
a. Governing the creation, form, recording, effectiveness, modification and termination of commitments that are made before the Plan Commission or the Board of Zoning Appeals; and
b. Designating which specially affected person and classes of specially affected persons are entitled to enforce commitments.
B. Standard Forms.
1. The Plan Commission may adopt written commitment forms as the standard forms for written commitments which are permitted or required by the Plan Commission.
2. The Board of Zoning Appeals may adopt written commitment forms as the standard forms for written commitments which are permitted or required by the Board .
3. The appropriate form shall be used whenever a written commitment is permitted or required by the Plan Commission or Board of Zoning Appeals. When necessary, the standard forms may be modified in order to conform to the type of commitment needed and not already provided for in one of the standard forms. However, the content shall only be modified as needed to conform to the type of commitment permitted or required. An otherwise modified form may be rejected by a majority vote of the Plan Commission or Board of Zoning Appeals (whichever body permitted or required the commitment).
C. Term of a Commitment. A commitment may contain terms providing for its own expiration. A commitment may also contain terms providing that the commitment automatically terminates:
1. If the district or zone or classification applicable to the parcel is changed;
2. If the land use to which the commitment relates is changed; or
3. Otherwise in accordance with the rules of the body to which the commitment was made.
D. Modification or Termination of a Commitment. Except for a commitment that expires or automatically terminates, or except as otherwise provided herein, a commitment may be modified or terminated:
1. By a decision of the Plan Commission or Board of Zoning Appeals (whichever body permitted or required the commitment); or
2. By the decision of the Common Council, if the commitment is made to the Common Council as part of a rezoning proposal.
E. A decision by the Plan Commission or Board of Zoning Appeals must be made at a public hearing after notice of the hearing has been provided under the rules of the deciding body.
F. Modification to Commitments Made Prior to Annexation. A commitment running with a parcel of land that is annexed by the City may be modified or terminated only by a decision of the Common Council. The decision must be made by the Common Council after considering the recommendation of the Plan Commission after a public hearing held by the Plan Commission. The rules of the Plan Commission must include a provision requiring notice to be sent by certified mail at least ten (10) days before the date of the hearing to the following:
1. The Plan Commission, the Board of Zoning Appeals, or the legislative body to which the commitment was made; and
2. Each owner of real property, as shown on the county auditor’s current tax list, whose real property is located within three hundred feet (300') of the parcel subject to the commitment.
G. Enforcement. An action to enforce a commitment may be brought in the circuit or superior court of Johnson County, Indiana by one of the following bodies before whom the commitment was made:
1. The Plan Commission;
2. the Board of Zoning Appeals;
3. the Common Council;
4. Any person who was entitled to enforce a commitment under the rules of the Plan Commission or Board of Zoning Appeals in force at the time the commitment was made; or
5. Any other specially affected person who was designated in the commitment.
H. Validity of Other Land Use Restrictions. This section does not affect the validity of any covenant, easement, equitable servitude, or other land use restriction created in accordance with law.
(Ord. 20-29, § 2, 9-21-20)
A. General. The Common Council may by annexation ordinance, and subject to the following procedures and Indiana law, annex property into the corporate limits of the City.
B. Initiation of Annexation.
1. Annexation to the City may be initiated in one of the following ways:
a. By the Common Council, in accordance with Ind. Code § 36-4-3-3 and Ind. Code § 36-43-4; or
b. By the filing of a petition signed by at least one of the following:
i. Fifty-one percent (51%) of the owners of land in the territory sought to be annexed, in accordance with Ind. Code § 36-4-3-5;
ii. Owners of seventy-five percent (75%) of the assessed value of the land for property tax purposes, within the area proposed to be annexed, in accordance with Ind. Code § 36-4-3-5; or
iii. One hundred percent (100%) of the owners of land within the territory that is proposed to be annexed, in accordance with Ind. Code § 36-4-3-5.1.
2. Petitions to the Common Council shall be filed with the Plan Commission.
C. Public Hearing by Common Council. After the filing of a petition for annexation, said petition shall be transmitted to the Common Council for introduction. The Common Council shall schedule a public hearing after a petition is received. Said hearing shall be held no earlier than sixty (60) days after the annexation ordinance is introduced by the Common Council, with notice given at least sixty (60) days before the public hearing, except in cases of voluntary annexation under Ind. Code §36-4-3-5.1, when the notice shall be given at least twenty (20) days before the hearing. All notices shall be given in the manner prescribed in Ind. Code § 36-4-3-2.1.
D. Adoption of Fiscal Plan. A fiscal plan that meets the requirements of Ind. Code § 36-4-3-13 shall be prepared for all annexations, as required by Ind. Code § 36-4-3-3.1. The fiscal plan for each annexation shall be adopted by the Common Council prior to the adoption of the annexation ordinance.
E. Common Council Action. Following adoption, an annexation ordinance shall be published in accordance with Ind. Code § 36-4-3-7. The annexation ordinance shall take effect ninety (90) days after publication, unless a petition for written remonstrance is initiated in accordance with Ind. Code § 36-4-3-11 et. seq. Said remonstrance must be filed within ninety (90) days following the publication of the annexation ordinance.
F. Zoning of Annexed Land.
1. The Common Council shall zone all land annexed to the City as follows, unless otherwise requested by the property owner at the time of filing:
a. Land which was zoned to an agricultural or residential classification pursuant to the zoning ordinance of Johnson County and improved with a non-agricultural use shall be assigned to a RL zone under this Ordinance upon annexation to the City;
b. Land which was zoned to a business classification pursuant to the zoning ordinance of Johnson County shall be assigned to a CS zone under this Ordinance upon annexation to the City;
c. Land which was zoned to an industrial classification pursuant to the zoning ordinance of Johnson County shall be assigned to an IL zone under this Ordinance upon annexation to the City;
d. Land which was zoned to any zoning classification pursuant to the zoning ordinance of Johnson County other than those identified above shall be assigned a RL zone of this Ordinance upon annexation to the City; and
e. Land which was zoned to any zoning classification pursuant to the zoning ordinance of Johnson County and improved with an agricultural use shall be zoned to the AG district and be eligible for municipal tax exemption in accordance with Ind. Code § 36-4-3-4.1 upon annexation into the City.
2. In any of the foregoing circumstances, the Common Council may assign different zoning classification(s) to the land in the ordinance annexing the land based upon evidence or testimony presented at the annexation hearing required under Ind. Code § 36-4-3-2.1.
(Ord. 20-29, § 2, 9-21-20)
A. Procedure for Filing an Appeal. Appeals to the Board of Zoning Appeals shall be filed and hearings conducted in accordance with Ind. Code §§ 36-7-4-919 and 920. All appeals shall be filed within such time and in such form as may be prescribed by the by rules adopted by the Board of Zoning Appeals. The notice of appeal shall specify the grounds for such appeal. Upon receipt of a notice of appeal, the administrative official or staff member from whom the appeal is taken shall at the request of the Board of Zoning Appeals transmit to the Board all of the documents, plans, and papers constituting the record of the action from which an appeal was taken.
B. Board Hearing and Notice. The Board of Zoning Appeals shall select a reasonable time and place for the hearing of an appeal and give at least ten (10) days written notice thereof to the interested parties. The party taking the appeal may be required to assume the cost of public notice and due notice to interested parties. At the hearing, each party may appear and be heard at the hearing in person, by agent, or by attorney.
C. Interested Parties to Appeal. The Board of Zoning Appeals shall, by rule, determine who are interested parties, how notice is to be given them and who is required to give that notice.
D. Publication of Notice. In addition, public notice of such hearings as to the time, place, date and subject of the hearing, shall be published one (1) time, at least ten (10) days prior to the date of the hearing.
E. Board Action. Upon appeal, the Board of Zoning Appeals may reverse, affirm or modify the order, requirement, decision or determination appealed from. The Board of Zoning Appeals shall have all the powers of the official, officer, board or body from which the appeal is taken with respect to such decision. The Board of Zoning Appeals shall make a decision on an appeal either:
1. At the meeting at which the matter is first presented; or
2. At the conclusion of the hearing on that matter, if it is continued.
F. Filing of Decision. Within five (5) days after the Board of Zoning Appeals’ decision, the Board shall file a copy of the decision in the Board’s office.
(Ord. 20-29, § 2, 9-21-20)
A. Civil Zoning Violation. Any person who uses property in violation of this Ordinance shall be deemed to have committed a civil zoning violation and may be issued a citation by the designated enforcement entity.
B. Citations for Civil Zoning Violations.
1. The Planning Director or his/her designee(s) may issue a civil zoning violation to a person who commits a civil zoning violation, the legal owner, the contract vendee, or any person or entity with a possessory interest in the real estate upon which the violation occurs, The citation may be served by personal service, by certified mail, or by placement in a conspicuous place on the property where the violation occurs and which shall serve as notice to a person that he or she has committed a civil zoning violation.
2. No citation shall be issued for the first offense unless the person who commits a civil zoning violation, or the legal owner, the contract vendee, or any person or entity with a possessory interest in the real estate upon which the violation occurs has been issued a warning ticket before the issuance of the citation to allow said person to correct the violation to come into compliance with the prescribed zoning Ordinance or regulations.
3. If the violation is determined by the Planning Director or his/her designee to be a threat to public health or safety, the Planning Director or his/her designee shall order the land use or activity to cease and desist immediately, regardless of whether a warning ticket or citation has been issued.
4. The warning ticket shall be in the form prescribed and approved by the Plan Commission.
5. The citation shall appear on serialized, designated form and be in the form prescribed by the Plan Commission.
C. Curing a Violation.
1. A person who receives a warning ticket or a citation may either choose to abate or deny the violation or file a petition for a variance, special exception, rezoning, or other means provided by this Ordinance to correct the violation, as prescribed herein.
2. A person who elects to file such a petition shall indicate this intent in writing to the issuing agency. A person shall have ten (10) working days after issuance of the warning ticket to file the petition, and additional monetary fines as prescribed herein shall be stayed upon the filing of such petition, as long as the violation does not continue. A person who files the petition within said time period shall pursue the petition in an expedited fashion.
3. If the petition is denied, withdrawn, or dismissed for want of prosecution, and the civil zoning violation continues at the real estate, then a lawsuit may be commenced by the designated enforcement entity in a court of competent jurisdiction in Johnson County, Indiana.
D. Appealing a Violation.
1. If a person believes that the warning ticket or citation received results from an incorrect interpretation of the Ordinance by a municipal official, the aggrieved person may file an administrative appeal of the decision for a hearing by the Board of Zoning Appeals. Said appeal shall be conducted in accordance with this Ordinance.
2. A person who elects to file such an appeal shall indicate this intent in writing to the issuing agency. A person shall have ten (10) working days after issuance of the warning ticket to file the appeal, and additional monetary fines as prescribed above shall be stayed upon the filing of such appeal, as long as the violation does not continue at the real estate.
3. A person who files the appeal within said time period shall pursue the appeal in an expedited fashion. If the Board of Zoning Appeals affirms the interpretation of this Ordinance which led to issuance of the warning ticket or citation, and the civil zoning violation continues at the real estate, then a lawsuit may be commenced by the designated enforcement entity in a court of competent jurisdiction in Johnson County, Indiana.
E. Failure to Cure Violations.
1. A person who received a citation may elect to stand trial for the offence by indicating on the citation his/her intent to stand trial and returning a copy of the citation to the Planning Director. The returned copy of the citation shall serve as notice of the person’s intent to stand trial, and the additional monetary fines prescribed herein shall be stayed upon receipt of the notice. On receipt of the notice of intention to stand trial, a lawsuit will be commenced by the City’s legal department in a court of competent jurisdiction in Johnson County, Indiana.
2. If a person who received a citation fails to pay the assessed fine within seventy-two (72) hours and fails to give notice of his/her intention to either file a petition as prescribed herein, file an appeal as prescribed herein, or stand trial as prescribed herein, the City’s legal department may file a civil lawsuit as prescribed by applicable laws and ordinances, and seek penalties as prescribed in this section.
3. A person adjudged to have committed a civil zoning violation is liable for the court costs and fees. No costs shall be assessed against the enforcement agency in any such action.
4. In proceeding before the court for a civil zoning violation, the Indiana Rules of Trial Procedure shall govern. The designated enforcement entity has the burden of proving the civil zoning violation by a preponderance of the evidence.
5. Seeking a civil penalty as authorized by this section does not preclude the City from seeking alternative relief from the court in the same action, or from seeking injunctive relief or other remedy in a separate action for the enforcement of this Ordinance.
6. A change of venue from Johnson County shall not be granted in such a case, as provided in Ind. Code § 36-7-4-1014.
F. Remedies and Penalties.
1. Each day a violation remains uncorrected is a distinct and separate civil zoning violation subject to an additional citation and fine in the amount approved by Common Council from time to time, provided a warning ticket has first been issued.
2. The monetary fine for each civil zoning violation shall be $50.00, except that for repeated civil zoning violation, the following fines shall apply:
Second citation: $ 75.00
Each Citation in Excess of Two: $100.00
3. All fines prescribed by this section for civil zoning violations shall be paid within seventy-two (72) hours to the Violations Clerk or his/her designee of the Ordinance Violations Bureau, who shall render to the person making payment a receipt stating the amount and purpose for which the fine has been paid and duplicate of which shall be made a part of the records of the Plan Commission. All fines thus received shall be deposited in accordance with law.
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