Skip to code content (skip section selection)
Compare to:
Loading...
§ 156.094 NONCONFORMING SIGNS.
   (A)   Legal nonconforming signs. Any sign, lawfully established prior to the effective date of this chapter, or its subsequent amendments, that no longer meets the development standards shall be deemed a legal nonconforming sign.
   (B)   Sign defined. For the purposes of this subchapter, a sign shall include the sign face and any supports, poles, frames, or other associated lighting, electrical, mechanical, and structural features.
   (C)   Continuation of nonconforming signs. The continuation and modification of nonconforming signs shall be consistent with the following requirements:
      (1)   Increases in nonconformity. No legal nonconforming sign shall be enlarged or altered in terms of face area, height, or any other aspect that increases its nonconformity.
      (2)   Intentional alterations. Any legal nonconforming sign that is intentionally altered, moved for any distance, or replaced shall conform to the regulations of the district in which it is located, and the discontinued legal nonconforming features may not be resumed.
      (3)   Accidental alterations. Legal nonconforming signs that are required to be altered or removed due to government action or damage resulting from fire, flood, other natural disaster, or a criminal act may be restored to their legal nonconforming condition. Such signs, if rebuilt or restored, shall conform with the requirements of this chapter, or shall be identical in scale and all other aspects to that which was altered or removed.
      (4)   Sign faces and messages. The sign faces and/or message on a legal nonconforming sign may be altered, replaced, repainted, and repaired provided that the nonconformity of the sign is not increased. Nothing in this suchapter shall be interpreted as requiring a sign to be brought into conformance with this chapter if it is changed only to the extent that the face area is changed, but not increased in size or altered in shape.
      (5)   Temporary signs. Any signs in existence at the time this chapter becomes effective that were previously permitted as temporary signs may only remain in use consistent with the requirements of this chapter. Any temporary signs that are no longer permitted shall be removed within 60 days of the effective date of this chapter. Any nonconforming temporary signs shall be considered to be in violation of this chapter and shall be subject to the provisions of §§ 156.115 et. seq.
(Ord. 2007-1B, passed 2-5-07)
PROCEDURES AND PERMITS
§ 156.100 PETITION AND PERMIT APPLICATION TYPES.
   (A)   Petition applications required. Hancock County requires that an application and fee be submitted for the following types of petitions:
      (1)   Development standards variance,
      (2)   Special exception,
      (3)   Administrative appeal,
      (4)   Zoning map amendment ("Rezoning"),
      (5)   Planned unit development (subject to the requirements of §§ 156.050 et seq.),
      (6)   Minor subdivision,
      (7)   Major subdivision primary plat, and
      (8)   Major subdivision secondary plat.
   (B)   Permit applications required. Hancock County requires that an application and fee be submitted for the following types of permits:
      (1)   Improvement location permit (Note: a building permit may also be required consistent with the provisions of the Hancock County Building Code), and
      (2)   Sign permit.
 
Development Plan Process Diagram
   (C)   Application materials. All applications may be obtained from the Planning Director. Fees shall be paid to Hancock County at the time all petition applications are submitted and at the time all permits are issued.
      (1)   Application forms. All applications shall be made on forms provided by the Planning Director. All applicants shall submit original applications that are completed in their entirety in ink or typed.
      (2)   Copies of materials. All applicants shall submit copies of applications and necessary plans and attachments as required by the adopted policies of the Planning Director and the applicable rules and procedures of the Plan Commission and Board of Zoning Appeals.
      (3)   Scheduling. All applications shall be assigned reference and/or docket numbers by the Planning Director.
         (a)   Petition applications. Petition applications shall be scheduled by the Planning Director for the appropriate public hearings based on the completeness of the application consistent with the requirements of this subchapter and the appropriate adopted calendars of filing and meeting dates for the Board of Zoning Appeals and/or Plan Commission.
         (b)   Order of action taken. Action shall be taken on all applications in the order in which they were received.
(Ord. 2007-1B, passed 2-5-07)
Cross reference:
   Planned unit development, see §§ 156.050 et seq.
§ 156.101 NOTICE OF PUBLIC HEARING.
   For all public hearings, the notice shall be provided to the public consistent with the requirements of this section and the rules and procedures of the Board of Zoning Appeals and Plan Commission. Required public notice shall include the following.
   (A)    Legal notice. The applicant shall prepare and pay for a legal notice consistent with the requirements of I.C. 5-3-1 for publication in the local newspaper. The legal notice shall appear in the newspaper no less than one time at least ten days prior to the public hearing, not including the date of the hearing. Legal notices shall include each of the following.
      (1)   Property location. The general location of the subject property, including its common address and a legal description of the included land.
      (2)   Available plans. The project plans are available for examination at the office of the Hancock County Area Plan Commission.
      (3)   Hearing information. A public hearing will be held, giving the date, place, and hour of the hearing.
      (4)   Written comments. Written comments on the application will be accepted prior to the public hearing and may be submitted to the Planning Director.
   (B)   Notice to interested parties. The applicant shall prepare and distribute written notice of the application to all interested parties. The written notice shall be distributed at least ten days prior to the public hearing, not including the date of the hearing. In no instances shall streets, alleys, streams, or other features be considered boundaries for precluding notification.
      (1)   Notice information. The notice shall contain the same information as the legal notice that is published in the newspaper as outlined in division (A) above.
      (2)   Responsibility. The distribution and cost of the notice shall be the responsibility of the applicant.
      (3)   Notification requirements. Notification shall be provided to owners of all parcels of land adjoining the subject property to a depth of two ownerships or 600 feet, whichever is less, from the exterior boundaries of the subject property. The most current list of property owners can be obtained from the County Auditor's Office. For the purposes of notification, where any adjacent parcels of land are owned by the applicant(s), subject property shall be deemed to include adjacent land owned by the applicants.
      (4)   Notification certification. A copy of the materials provided to each property owner, the completed mailing and/or delivery forms, and a completed Affidavit of Notice certifying the correctness of the mailing list shall be provided to the Planning Director by the applicant a minimum of two business days prior to the date of the public hearing.
(Ord. 2007-1B, passed 2-5-07)
Statutory reference:
   Legal notice, see I.C. 5-3-1
§ 156.102 VARIANCE APPLICATIONS.
   In no case shall any variance to the terms of this chapter be authorized without the approval of the BZA. Further, no decisions on previous applications shall serve to set a precedent for any other application before the BZA. The following procedure shall apply to all variance applications.
   (A)   Application. The applicant shall submit a variance application, affidavit and consent of property owner (if the owner is someone other than the applicant), a copy of the deed for the property involved, the required filing fee, and required supporting information. Supporting information shall include, but not be limited to, the following:
      (1)   Site plan. A site plan shall be signed and dated. The site plan shall be drawn to scale and/or fully dimensioned to the satisfaction of the Planning Director and clearly show the entire layout of the property with all features relevant to the variance request.
      (2)   Statement of intent. A statement of intent to the Board of Zoning Appeals describing the details of the variance being requested and stating how the request is consistent with the required findings of fact. The statement should include any written commitments being made by the applicant.
   (B)   Notification. Notification for the scheduled public hearing regarding the variance request shall be completed consistent with § 156.101 and the rules and procedures of the Board of Zoning Appeals.
   (C)   Public hearing. The BZA will then, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates, review the variance application and required supporting information.
      (1)   Representation. The applicant and any representative of the applicant must be present at the public hearing to present the petition and address the required findings of fact.
      (2)   Testimony. The Board shall consider a report from the Planning Director and testimony from the applicant, remonstrators, the public, and interested parties at the hearing.
      (3)   Procedures. The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the rules and procedures of the Board.
      (4)   Possible Action. The BZA may approve, approve with conditions, deny, or continue the application in accordance with I.C. 36-7-4-918.4.
         (a)   Approval. The application shall be approved if a determination in writing is made consistent with the decision criteria listed in division (D) below.
         (b)   Approval with modifications. The application shall be approved with modifications if the Board of Zoning Appeals determines that the requirements of division (D) below may be met if certain conditions are applied to the application. The Board may make reasonable conditions related to the required decision criteria in division (D) below, part of its approval and/or accept written commitments from the applicant.
         (c)   Denial. The application shall be denied if a determination in writing consistent with the decision criteria listed in division (D) below is not met. Applications that are denied shall not be eligible for consideration again by the Board for a period of 12 months from the date of denial.
         (d)   Continued. The application may be continued by the Board based on a request by the Planning Director, applicant, remonstrator, or interested party; an indecisive vote; or a determination by the Board that additional information is required prior to action being taken on the request.
            1.   Additional legal notice shall not be required unless specified by the Board of Zoning Appeals.
            2.   The continuing of all applications shall be consistent with the adopted Rules and Procedures of the Board of Zoning Appeals.
   (D)   Decision criteria.  
      (1)   In taking action on all variance requests, the Board shall use the following decision criteria, consistent with the requirements of the Indiana Code.
      (2)   Development standards variance. The Board may grant a variance from the development standards of this chapter (such as height, bulk, area) if, after a public hearing, it makes a determination in writing, consistent with IC 36-7-4-918.5, that:
         (a)   General welfare. The approval will not be injurious to the public health, safety, morals, and general welfare of the community;
         (b)   Adjacent property. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and
         (c)   Practical difficulty. The strict application of the terms of this chapter will result in a practical difficulty in the use of the property. This situation shall not be self-imposed, nor be based on a perceived reduction of, or restriction on, economic gain.
   (E)   Conditions. The Board may impose such reasonable conditions upon its approval as it deems necessary to find that the decision criteria for approval have been met.
   (F)   Commitments. The Board may require the owner of the property to make written commitments concerning the use or development of the property as specified under I.C. 36-7-4-921. Such commitments shall be recorded in the Hancock County Recorder's Office. A copy of the recorded commitments shall be provided to the Planning Director for inclusion in the petition file at the time of application for an improvement location permit. No improvement location permit shall be issued for a permit application which does not comply with the recorded commitments.
   (G)   Limitations.  
      (1)   The following limitations shall apply to the execution of a variance approval.
      (2)    Development standards variance. A development standards variance granted by the Board and executed in a timely manner as described in this subchapter shall run with the parcel until the property conforms with the ordinance as written.
(Ord. 2007-1B, passed 2-5-07)
Cross reference:
   Notice of public hearing, see § 156.101
§ 156.103 SPECIAL EXCEPTION APPLICATIONS.
   In no case shall special exception uses be authorized without the approval of the BZA. Further, no decisions on previous applications shall serve to set a precedent for any other application before the BZA. The following procedure applies to special exception applications.
   (A)   Application. The applicant shall submit a special exception application, affidavit and consent of property owner (if the owner is someone other than the applicant), a copy of the deed for the property involved, the required filing fee, and required supporting information. A Fiscal Impact Study may be required in accordance with Hancock County Code. Other supporting information shall include, but not be limited to, the following:
      (1)   Site plan. A site plan shall be signed and dated, and clearly show the entire layout of the property and all features relevant to the special exception request.
      (2)   Statement of intent. A statement of intent to the Board of Zoning Appeals describing the details of the special exception request including, but not limited to:
         (a)   The ways in which the special exception shall comply with the applicable development standards of this chapter,
         (b)   The ways in which the special exception shall be consistent with the required determination in writing described by division (D), and
         (c)   Any written commitments being made by the applicant.
   (B)   Notification. Notification for the scheduled public hearing regarding the special exception request shall be completed consistent with § 156.101 and the rules and procedures of the Board of Zoning Appeals.
   (C)   Public hearing. The BZA will then, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates, review the special exception application and required supporting information.
      (1)   Representation. The applicant and any representative of the applicant must be present at the public hearing to present the application and address the required findings of fact.
      (2)   Testimony. The Board shall consider a report from the Planning Director and testimony from the applicant, remonstrators, the public, and interested parties at the hearing.
      (3)   Procedures. The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the rules and procedures of the Board.
      (4)   Possible action. The BZA may approve, approve with conditions, deny, or continue the application.
         (a)   Approval. The application shall be approved if a determination in writing is made consistent with the requirements of division (D) below and the Indiana Code.
         (b)   Approval with modifications. The application may be approved with modifications if the Board of Zoning Appeals determines that the required determination in writing may be made only if certain conditions are applied to the application. The Board may make reasonable conditions related to the required determination in writing, part of its approval and/or accept written commitments from the applicant.
         (c)   Denial. The application shall be denied if a determination in writing with the requirements of division (D) and the Indiana Code is not met. Applications that are denied shall not be eligible for consideration again by the Board for a period of 12 months from the date of denial.
         (d)   Continued. The application may be continued by the Board based on a request by the Planning Director, applicant, remonstrator, or interested party; an indecisive vote; or a determination by the Board that additional information is required prior to action being taken on the request.
            1.   Additional legal notice shall not be required unless specified by the Board of Zoning Appeals.
            2.   The continuing of all applications shall be consistent with the adopted rules and procedures of the Board of Zoning Appeals.
   (D)   Decision criteria. The Board of Zoning Appeals shall have the power to authorize special exceptions. In approving special exceptions, the Board of Zoning Appeals may attach any conditions to the special exception as it deems necessary to assure compliance with the purpose of this chapter. If the conditions of the special exception are not completely and continuously adhered to after the granting of the special exception, the special exception shall become null and void upon notice to the property owner from the Board of Zoning Appeals. The following requirements shall be met:
      (1)   The special exception shall be listed in § 156.021;
      (2)   The special exception can be served with adequate utilities, access roads, drainage, and other necessary facilities;
      (3)   The special exception shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons, and shall comply with the development standards of §§ 156.060 et seq.;
       (4)   The special exception shall be sorted, oriented, and landscaped to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties;
      (5)   The special exception shall produce a total visual impression and environment which is consistent with the environment of the neighborhood;
      (6)   The special exception shall organize vehicular access and parking to minimize traffic congestion in the neighborhood;
      (7)   The special exception shall preserve the purpose of this chapter.
   (E)   Other considerations. When considering a special exception the Board of Zoning Appeals may consider the following items as they relate to the proposed use:
      (1)   Topography and other natural site features;
      (2)   Zoning of the site and surrounding properties;
      (3)   Driveway locations, street access and vehicular and pedestrian traffic;
      (4)   Parking (including amount, location, and design);
      (5)   Landscaping, screening, buffering;
      (6)   Open space and other site amenities;
      (7)   Noise production and hours of any business operation;
      (8)   Design, placement, architecture, and building material of the structure;
      (9)   Placement, design, intensity, height, and shielding of lights;
      (10)   Traffic generation;
      (11)   General site layout as it relates to its surroundings: and
      (12)   Any other criteria deemed relevant by the Board.
   (F)   Conditions. The Board may impose such reasonable conditions upon its approval as it deems necessary to find that the criteria for approval in division (D) have been satisfied.
   (G)   Commitments. The Board may require the owner of the property to make written commitments concerning the use or development of the property as specified under I.C. 36-7-4-921. Such commitments shall be recorded in the Hancock County Recorder's Office. A copy of the recorded commitments shall be provided to the Planning Director for inclusion in the petition file at the time an application is submitted and prior to the issuance of any improvement location permit. No improvement location permit shall be issued for a permit application which does not comply with the recorded commitments.
   (H)   Limitations. Unless otherwise specified by the Board, special exception approvals shall be limited to, and run with the applicant at the location specified in the application. The Board may also limit special exceptions to a specific time period and a specific use. Special exceptions shall also be invalid if:
      (1)   The property conforms with the ordinance as written, or
      (2)   The special exception approval is terminated, consistent with § 156.013.
   (I)   Special exception use expansion. A use authorized as a special exception may not be expanded, extended, or enlarged unless reauthorized by the Board under the procedures set forth in this subchapter for granting a special exception.
(Ord. 2007-1B, passed 2-5-07)
Cross reference:
   Notice of public hearing, see § 156.101
§ 156.104 ADMINISTRATIVE APPEAL APPLICATIONS.
   The Board may grant an appeal of any decision, interpretation, or determination made by the Planning Director, other Plan Commission staff members, or any other administrative official or board charged with the duty of enforcing and interpreting this chapter. The following procedure shall apply to all appeals of administrative decisions.
   (A)   Application. The appellant shall submit an administrative appeal application within ten days of the Board's decision along with the required supporting information. Supporting information shall include, but not be limited to, the following:
      (1)   Original submittals. Copies of all materials upon which the decision being appealed was based.
      (2)   Written decisions. Copies of any written decisions that are the subject of the appeal.
      (3)   Appeal basis. A letter describing the reasons for the appeal noting specific sections of this chapter or other standards applicable in Hancock County upon which the appeal is based.
   (B)   Board review and action. The BZA will then, at a meeting scheduled consistent with the adopted calendar of filing and meeting dates, review the administrative appeal application and supporting information.
      (1)   Representation. The appellant and any representative of the appellant must be present at the meeting to present the appeal.
      (2)   Testimony. The Board shall consider a report from the Planning Director and testimony from the applicant at the meeting and/or witnesses.
      (3)   Procedures. The presentation of reports and testimony and all other aspects of the meeting shall be consistent with the rules and procedures of the Board.
      (4)   Possible action. The BZA may grant, grant with modifications, deny, or continue the appeal.
         (a)   Granted. The appeal shall be granted if the determination in writing is made consistent with the requirements of division (C) below.
         (b)   Granted with modifications. The appeal shall be granted with modifications if the Board of Zoning Appeals determines that the proper interpretation of the provision(s) that are subject to the appeal is consistent with neither the administrative decision nor the requested interpretation of the applicant.
         (c)   Denied. The appeal shall be denied if the determination in writing is made supporting the administrative decision.
         (d)   Continued. The appeal shall be continued based on a request by the Planning Director or applicant; an indecisive vote; or a determination by the Board that additional information is required prior to action being taken on the request. The continuing of all applications shall be consistent with the adopted rules and procedures of the BZA.
   (C)   Decision criteria. The Board shall only grant an appeal of such an administrative decision based on a determination in writing, that the decision of the administrative person or board was inconsistent with the provisions of this chapter.
(Ord. 2007-1B, passed 2-5-07)
Loading...