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The following procedure shall apply to all zoning map amendment ("rezoning") applications.
(A) Application initiation. Proposals for zoning map amendments may be initiated by either the Plan Commission, the appropriate participating legislative body, or through an application signed by property owners of at least 50% of the land involved.
(1) Legislative body initiation. The Plan Commission shall prepare the application for zoning map amendment if either the Commission or appropriate legislative body has initiated the application. The Planning Director shall serve as the representative of the applicant for such proposals.
(2) Property owner initiation. Any property owners requesting a zoning map amendment shall be the applicants and assume responsibility for preparing application materials.
(B) Application. The applicant shall submit a rezoning 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 to the Plan Commission. If the applicant is a legislative body, then submittal of the filing fee shall not be required. A Fiscal Impact Study (FIS) may be required in accordance with this chapter. Supporting information shall include, but not be limited to the following:
(1) Site plan. A conceptual site plan showing all features relevant to the application.
(2) Vicinity map. A vicinity map showing the use and zoning of all properties within 500 feet of the property subject to the rezoning request.
(3) Letter of intent. A letter of intent to the Plan Commission stating the reasons for the rezoning, including a detailed description of any proposed development for which the rezoning is sought. The letter should include any written commitments being made by the applicant.
(C) Notification. Notification for the scheduled Plan Commission public hearing regarding the rezoning request shall be completed consistent with the requirements of § 156.101 and the rules and procedures of the Plan Commission.
(D) Plan Commission public hearing. The Plan Commission will then, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates (but no later than 60 days following the receipt of the application per I.C. 36-7-4-608), review the rezoning application and required supportive information.
(1) Representation. The applicant and/or any representative of the applicant must be present at the public hearing to present the application and address any questions the Commission might have.
(2) Testimony. The Commission 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 requirements of the rules and procedures of the Commission.
(4) Possible action. The Plan Commission shall either forward the application to the appropriate legislative body with a favorable recommendation, an unfavorable recommendation, or no recommendation; or continue the request.
(a) Favorable recommendation. The application shall be forwarded with a favorable recommendation if, by a majority vote of the Plan Commission, it is found to be consistent with the decision criteria listed in division (G) below. The recommendation may include commitments requested by the Plan Commission.
(b) Unfavorable recommendation. The application shall be forwarded with an unfavorable recommendation if, by a majority vote of the Plan Commission, it is determined by the Plan Commission to be inconsistent with the decision criteria listed in division (G) below.
(c) No recommendation. The application may be forwarded with no recommendation if, by a majority vote of the Plan Commission, it is determined that the application includes aspects that the Plan Commission is not able to evaluate.
(d) Continued. The application may be continued by the Plan Commission based on a request by the Planning Director, applicant, remonstrator, or interested party; an indecisive vote, or a determination by the Plan Commission 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 Plan Commission.
2. The continuing of all applications shall be consistent with the adopted rules and procedures of the Plan Commission.
(E) Certification. The Plan Commission shall certify its recommendation by resolution to the appropriate legislative body within ten business days of its determination, (per I.C. 36-7-4-608. The Plan Commission staff shall forward to the appropriate legislative body appropriate copies of the Plan Commission resolution, the original application and all supporting information, any staff reports regarding the application, and an ordinance for the legislative body's consideration.
(F) Legislative body action. The appropriate legislative body will review the rezoning application and the materials forwarded from the Plan Commission. The appropriate legislative body may then take action on the application.
(1) Notification. The appropriate legislative body shall provide notification of action on the ordinance consistent with the Indiana Code.
(2) Possible action. The appropriate legislative body may either approve or deny the ordinance. If the appropriate legislative body fails to act within the 90 days of the ordinance's certification to the appropriate legislative body, the ordinance shall become effective or be defeated with the provisions of I.C. 36-7-4-608. The appropriate legislative body may also seek modifications or additions to any written commitments as described in division (H) below.
(G) Decision criteria. In reviewing the rezoning application, the Plan Commission and appropriate legislative body shall consider the following:
(1) Comprehensive plan. The Hancock County Comprehensive Plan and any other applicable, adopted planning studies or reports;
(2) Current conditions. The current conditions and the character of current structures and uses in each district;
(3) Desired use. The most desirable use for which the land in each district is adapted;
(4) Property values. The conservation of property values throughout Hancock County's planning jurisdiction; and
(5) Responsible growth. Responsible growth and development.
(H) Written commitments. The applicant in any rezoning application may make written commitments regarding the characteristics of the proposed future use of, or the resolution of outstanding issues in existence on, the subject property consistent with I.C. 36-7-4-615.
(1) Origin of commitments. Written commitments may be proposed by the applicant as an element of the initial submittal of application materials, or in response to any modifications requested by the Plan Commission or appropriate legislative body.
(2) Consideration of commitments. All commitments shall be considered by the Plan Commission and the appropriate legislative body in the review of the application.
(a) Commitments shall be included as an element of the rezoning ordinance prepared by the Plan Commission following action taken at the public hearing.
(b) Any deletion, addition, or alteration of the written commitments proposed by the appropriate legislative body shall be referred back to the Plan Commission for consideration and included in a revised or affirmed recommendation regarding the application or may amend the written commitments and incorporate said written commitments within the rezoning ordinance.
(c) Any rezoning application shall include a commitment to properly control weeds until the site is completely developed.
(3) Documenting of commitments. Following final action being taken on the rezoning application, the rezoning ordinance, with any written commitments included, shall be recorded in the office of the Hancock County Recorder by the applicant and shall not be considered effective until so recorded. A copy of any recorded commitments shall be provided to the Planning Director at the time of application for any improvement location permit. No improvement location permit shall be issued for a permit application that does not comply with the written commitments.
(4) Enforcement of commitments. The written commitments shall be considered part of the rezoning ordinance binding on the subject property.
(a) The written commitments shall be binding on the owner of the subject property, any subsequent owners of the subject property, and any person or entity that acquires an interest in the subject property or portion thereof.
(b) The written commitments shall be enforceable by the Plan Commission or appropriate legislative body consistent with the adopted provisions for the enforcement of any other aspect of this chapter, as described in §§ 156.115 et seq.
(c) The written commitments may be modified only through the zoning map amendment process described by this section.
(Ord. 2007-1B, passed 2-5-07; Am. Ord. 2007-9B, passed 10-1-07)
Statutory reference:
Plan Commission certification, see I.C. 36-7-4-608
Written commitments, see I.C. 36-7-4-615
Cross reference:
Enforcement and penalties, see §§ 156.115 et seq.
Notice of public hearing, see § 156.101
The following requirements apply to improvement location permit (ILP) applications.
(A) General requirements. No structure or site improvement shall be erected, moved, or added to on platted or unplatted land, without an improvement location permit first being issued by the Planning Director. No improvement location permit shall be issued unless the project is in conformance with the provisions of this chapter, the Subdivision Control Ordinance, and other applicable regulations of Hancock County.
(B) Permit required. Hancock County requires that an improvement location permit be obtained for any of the actions listed below. A single improvement location permit may be issued for a combination of these actions, if they occur together. The Planning Director shall determine if the application requires review by the Technical Committee.
(1) New development, after rezoning or plat approval;
(2) Adding or subtracting dwelling units or leased space in multifamily or commercial structures;
(3) Any use that exceeds 120 square feet in area and/or has a permanent foundation (including structures other than buildings such as towers and antennas);
(4) Any temporary use of land or temporary structure;
(5) Signs (§ 156.109);
(6) Swimming pools with a depth greater than 30 inches (in-ground pools shall be required to obtain a permit, above ground pools less than 15 feet in diameter shall not be required to obtain a permit, but shall comply with this chapter);
(7) Additions to all structures;
(8) Changes of use;
(9) Placement or replacement of manufactured or mobile homes;
(10) Parking lot construction or alteration;
(11) Removal of required trees and plants within buffer yards and landscaping areas required by this chapter;
(12) Mineral extraction;
(13) Telecommunication towers, buildings, and antenna; and
(14) Any exterior construction that adds to or alters the height of an existing structure.
(C) Exemptions. No ILP shall be required for the types of improvements listed below. However, any such improvement shall comply with any applicable requirements of this chapter, the Subdivision Control Ordinance, and any other adopted standards of Hancock County.
(1) Routine maintenance, repair, or interior non-structural remodeling of existing buildings not involving any change of use, additional lot coverage, or increase in structure size.
(2) Essential services, as defined in § 156.121.
(3) Lot and yard improvements such as fences, drives, sidewalks, patios, decks, retaining walls, play equipment, gazebos less than 200 square feet in area, above ground pools less than 30 inches in depth and 15 feet in diameter, and landscaping.
(4) Signs with a surface less than one square foot in area.
(5) Mini-barns and storage containers that are portable and less than 200 square feet or less in area.
(D) Copies. A copy of all submitted plans and application materials shall be retained by the Planning Director for the permanent records of the Plan Commission.
(E) Expiration of permits. If the rough-in inspection described in any improvement location permit has not been completed within 12 months of the date of its issuance, the permit shall automatically be deemed expired.
(1) The Planning Director may grant extensions for up to six months to obtain the certificate of occupancy.
(2) No extension shall be granted unless any appropriate fees, as defined by the adopted fee schedule, are paid to the county and the project continues to conform with all applicable requirements of Hancock County.
(F) Construction according to permits and permit application. Improvement location permits issued on the basis of plans and applications only authorize the use, arrangement, and construction set forth in such approved plans and applications. Current approved plans and the permit shall remain on the construction site. Any other use, arrangement, or construction not authorized shall be deemed a violation of this chapter and subject to the provisions of §§ 156.115 et seq.
(G) Application. Application forms for an improvement location permit shall be obtained from the Planning Director. All applications shall be completed in their entirety in ink or typed and submitted to the Planning Director. Prior to permit issuance, fees shall be paid to the Area Plan Commission pursuant to the adopted fee schedule. A complete submittal shall include an application form, site plan, construction details, building elevations, landscape plan, and lighting plan. The Planning Director may modify or waive these submittal requirements depending on the scope and nature of the applicant's proposal.
(H) Site plan requirement. Pursuant to division (G) above, a site plan shall be submitted that is drawn to an appropriate scale, bearing the seal of a professional engineer or land surveyor registered in the State of Indiana. Proposals involving only agricultural or residential accessory structures may be exempt from this requirement. The site plan shall clearly show all proposed aspects of the property and relevant features of the site including but not limited to: existing and proposed structures; setbacks from property lines or road centerlines; structure dimensions and floor areas; areas of outdoor storage; permanent dumpster and trash areas; locations and dimensions of existing and proposed parking areas; proposed and existing landscape areas; locations of public and private utilities; location, width, and purpose of all easements; and use of each structure. The Planning Director may modify or waive these submittal requirements depending on the scope and nature of the applicant's proposal.
(Ord. 2007-1B, passed 2-5-07; Am. Ord. 2010-9E, passed 9-20-10)
Cross reference:
Enforcement and penalties, see §§ 156.115 et seq.
(A) Intent.
(1) The intent of this subchapter is to provide for the adequate, consistent review of new development to ensure consistency with the zoning ordinance; accommodate traffic and utility systems; and address the unique characteristics of certain areas of development. Development plan review is provided for by the I.C. 36-7- 4-1400 series. The development plan review process is not intended to provide an alternative to rezoning, variance, special exception, platting, or other established procedures; but rather to allow for the administrative review of site conditions and development plans for consistency with applicable requirements prior to the issuance of permits.
(2) Generally, development plan review shall involve new non-residential and residential (multifamily and subdivision) development and shall occur after rezoning and primary plat approvals. Development plan review may occur before or after any necessary Board of Zoning Appeals applications based on the characteristics of each application.
(3) The following process and requirements apply to all new site development.
(B) Authority and process outline.
(1) Development plan required. Development plan approval may be required upon the discretion of the Board of Zoning Appeals and the Plan Commission.
(2) Exemptions. The following types of development shall be exempt from the requirements of this subchapter, but shall be required to obtain an improvement location permit and/or any other permit or approval otherwise required by this chapter.
(a) Sign installation. The replacement or installation of any sign(s) not occurring as part of an improvement to any other aspect of the property.
(b) Parking lot expansion. The expansion of an existing parking lot that does not
result in:
1. A greater than 25% or 2,000 square foot (whichever is greater) increase in the surface area of the parking previously available on the property;
2. The demolition of any structure; or
3. The need for modifications to street accesses.
(c) Structural expansion. The expansion of an existing structure or the construction of an accessory structure that does not result in a greater than 25% increase in the floor area of the structures that were previously existing on the property and does not require the provision of additional landscaping, parking, or other improvements regulated by this chapter (building permit).
(d) Residential use/structure. The placement of an individual manufactured home or the construction or expansion of a single-family residential use and structure (building permit).
(3) Review and approval authority. The Planning Director, or his designee, in their role as staff for the Plan Commission, shall have the authority to review and approve development plans in conjunction with the Technical Committee as required by this subchapter.
(a) Waiver of requirements. Neither the Planning Director nor the Area Plan Commission shall have the authority to waive any requirement of this chapter in the review of a site development plan. All variances from the terms of this chapter shall be subject to the approval of the Board of Zoning Appeals.
(b) Revision process. The procedure for the review of proposed amendments or revisions to previously approved site development plans shall follow the process for the initial approval of site development plans outlined in this subchapter.
(4) Process outline. A preliminary informal meeting shall be held with county staff prior to application submittal. The process is illustrated below and detailed in division (C) below.
Development Plan Process Diagram
(C) Application materials.
(1) General requirements. All applications may be obtained from the Planning Director. Fees shall be paid to the Planning Director at the time the application is submitted.
(a) 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 either in ink or typed.
(b) Copies required. All applicants shall submit copies of applications and necessary attachments as required by the adopted policies of the county and the applicable rules and procedures of the Plan Commission.
(c) Review schedule. All applications shall be assigned reference and/or docket numbers by the Planning Director. Applications shall be scheduled by the Planning Director for the appropriate meetings and/or public hearings based on the completeness of the application consistent with the requirements of this subchapter and the appropriate adopted calendar of filing and meeting dates for the Plan Commission (available in the Planning Department).
(2) Application. The applicant shall submit an application for development plan review, an affidavit and consent of property owner (if the property owner is someone other than the applicant), a copy of the deed for the property involved, the required filing fee, and required supporting information to the Planning Director.
(a) Application material format. All drawings shall be provided in both hard copy and digital format in a manner specified by the Planning Director.
(b) Supporting information. Supporting information shall include, but not be limited to, that described by division (C)(3) below (the Planning Director, County Surveyor, Technical Committee, and/or Plan Commission may request additional supporting information, which shall be provided by the applicant).
(3) Required materials. The following materials shall be submitted with all development plan applications.
(a) Summary statement. A summary statement of the characteristics and operation of the development, including the population densities, presence of any adult uses, and number of potential employees. The statement shall include any written commitments being made regarding the development plan.
(b) Site description. A general description of the site and its ownership including:
1. The name, street address, e-mail address, and telephone number of the applicant;
2. The name, street address, e-mail address, and telephone number of any land surveyors, engineers, or other professionals responsible for the development plan design;
3. The name, street address, e-mail address, and telephone number of the primary contact individual for the application (it shall be indicated if the primary contact person is the applicant or a contracted design professional);
(c) Cover sheet. A cover containing the following information. A conceptual drawing describing the future development of all contiguous holdings described above shall be provided by the applicant upon the request of the Planning Director, County Surveyor, Technical Committee, and/or Plan Commission. At a minimum the conceptual drawings shall include a description of the general street access points, general land uses, and general drainage conditions and plans.
1. A vicinity map shall clearly identify the subject property, property that is contiguous to the subject property that is owned and/or otherwise controlled by the owner or developer of the subject property, and the current zoning and use of all property within 500 feet of the subject property;
2. A site location map showing the subject property and adjacent streets;
3. The legal description of the subject property and common address of the site, and
iv. the proposed name of the development (if applicable).
(d) Property survey. A property survey, drawn to an appropriate scale, bearing the seal of a land surveyor registered in the State of Indiana, and showing the following existing features for the subject property and all land within 100 feet of the property lines of the subject property:
1. The boundary lines and dimensions of the subject property;
2. All structures (specifically indicating any structures recognized as outstanding, notable, or contributing in the Indiana Historic Sites and Structures Inventory - Hancock County Interim Report; and those listed in the National Register of Historic Places; and/or the Indiana Register of Historic Sites and Structures);
3. Topography interpolated from USGS sources and/or otherwise meeting the requirements of the County Surveyor (topographic information shall tie into horizontal and vertical control points);
4. Significant wooded areas and other isolated trees and wetlands;
5. 100-year floodplain and 100-year floodway boundaries (including elevations);
6. Public and private streets (including street names), sidewalks and other pedestrian paths, rights-of-way, and easements;
7. Required building setbacks and any build-to lines and buffer yards;
8. All known drainage areas, tiles, pipes and structures;
9. Utility services (including fire hydrants) and easements;
10. Street accesses; and
11. Any other paved or otherwise improved areas.
(e) Site plan. A site plan, drawn to an appropriate scale, bearing the seal of a professional engineer or land surveyor registered in the State of Indiana, clearly showing all proposed aspects of the property and all features relevant to the site including:
1. All setbacks and buffer yards;
2. Topography (including elevation contour lines at two-foot intervals, or otherwise meeting the requirements of the County Surveyor/Town Engineer);
3. Preserved wooded areas and isolated trees and wetlands;
4. Existing and proposed structures (including buildings, fences, and walls);
5. All structure heights, dimensions, and floor areas;
6. Areas of outdoor storage;
7. Permanent dumpsters and trash areas;
8. Locations, dimensions, and design features (including all curb radii, tapers, and parking space dimensions) of road accesses, interior drives, parking lots, loading docks or areas, intersection sight visibility triangles, and interior sidewalks;
9. Open spaces and specific landscaped areas;
10. Locations and capacities of public and private utilities;
11. The location, width, and purpose of all easements;
12. The use of each structure and the amount of parking required and provided for the use;
13. Any public improvements including sidewalks, street trees, and right-of-way dedications;
14. Locations for temporary uses, such as seasonal sales areas;
15. Locations of proposed signs (separate permit required).
(f) Landscaping plan. A landscaping plan, prepared by a registered landscape architect, drawn to an appropriate scale, showing the following:
1. Proposed landscaping, buffer yards, and street trees;
2. Topography (including elevation contour lines at two-foot intervals, or otherwise meeting the requirements of the County Surveyor);
3. 100-year floodplain and 100-year floodway boundaries (including elevations);
4. Existing and proposed public and internal sidewalks and other pedestrian ways;
5. The size and spacing of the plantings at the time of installation, height at maturity, and the botanical and common name of the species proposed to be used to meet the requirements of this chapter; and
6. All existing trees and vegetation to be preserved, and the driplines for such trees (in which no construction activity shall occur).
(g) Stormwater drainage plan. A site drainage plan, bearing the seal of a professional engineer or land surveyor registered in the State of Indiana, including all calculations required by the County Surveyor. The drainage plan shall include the location of the following:
1. All natural streams, regulated drains, and watercourses;
2. 100-year floodways and 100-year floodplains (including elevations);
3. All marshes, wetlands, and wooded areas, and
4. All drainage area features as described in the drainage calculations.
(h) Lighting plan. A site lighting plan prepared by an electrical engineer drawn to an appropriate scale, showing the type and location of all exterior lighting fixtures (site and building lighting).
(i) Erosion control/sedimentation plan. A site erosion control sedimentation plan, drawn to an appropriate scale, showing proposed erosion and sediment control measures.
(j) Construction plan. A site construction plan, drawn to an appropriate scale, showing:
1. The location of any proposed construction trailer and worker parking;
2. The location, height, and dimensions of any temporary construction-related signs;
3. Any temporary site accesses to be used during construction;
4. All traffic control signs and devices (subject to the approval of the County Highway Engineer and consistent with the Manual of Uniform Traffic Control Devices);
5. Any temporary utility connections; and
6. The location of any stockpiles of dirt, construction materials, and construction waste dumpsters or storage areas, wash off areas.
(k) Street plan and profile.
(l) Sanitary sewer plan and profile.
(m) Utility plan.
1. Water;
2. Electrical.
(n) Grading plan.
(C) Review process.
(1) Technical Committee Review. The Technical Committee shall review the development plan, including all supporting information on the date established by the adopted calendar of meeting and filing dates (available in the Planning Department).
(a) Representation. The applicant and/or a representative of the applicant must be present at the meeting to present the Development Plan and address any questions the Committee may have.
(b) Considerations. In reviewing the development plan, the Committee shall consider whether or not the proposed development plan is consistent with the requirements and intent of this chapter, any other applicable adopted requirements of Hancock County, and the standards of the local utility providers.
(c) Possible action. The Committee may approve, approve with modifications, deny, continue, or forward the development plan to the Plan Commission.
1. Approve. The Committee shall approve the development plan if it complies with all applicable requirements set forth above.
2. Approve with modifications. The Committee shall approve the development plan with modifications if it is generally consistent with the considerations for approval outlined in division (D)(1)(b) above, but requires minor modifications to be completely in compliance with the requirements and intent of this chapter. The applicant shall revise the development plan proposal consistent with the Committee comments and supply revisions for review by the Planning Director prior to the release of any improvement location permit.
3. Deny. The Committee shall deny the development plan if it is found to be inconsistent with the considerations outlined in division (D)(1)(b) above. The development plan can be resubmitted for review by the Technical committee if there have been significant changes as deemed by the Planning Director. If not, there shall be a one-year waiting period before the same site development plan can be resubmitted as a new application.
4. Continue. The Committee may continue the development plan if requested by the applicant, if a determination has been made by the Planning Director that sufficient information has not been provided, or if the applicant or an appropriate representative of the applicant fails to appear at the Committee meeting. Development plan applications that are continued shall be automatically docketed for the next Committee meeting.
5. Forward to Plan Commission. The Committee shall forward development plans that are generally consistent with the considerations outlined in division (D)(1)(b) above to the Plan Commission for a public hearing if the proposal:
a. Includes any improvement to be dedicated to the public (if that improvement has not previously been shown on a recorded plat or otherwise dedicated);
b. Includes proposed written commitments; or
c. Requires the imposition of conditions in order to be completely consistent with the considerations for approval.
(2) Plan Commission preparation. If Plan Commission review is required, the development plan shall be placed on the agenda for the next meeting of the Plan Commission consistent with the adopted calendar of meeting and filing dates. The applicant shall revise the development plan proposal consistent with any Committee comments and submit the revised plans to staff ten days prior to review by the Plan Commission and shall provide such revision for review.
(3) Plan Commission review (if necessary). The Plan Commission shall review the development plan and any supporting information.
(a) Representation. The applicant and/or a representative of the applicant must be present at the public hearing to present the Development Plan and address questions from the Commission.
(b) Presentations. The Commission shall consider a report from the Planning Director describing the findings of the Technical Advisory Committee and any testimony from the applicant and any interested parties in making its decision.
(c) Possible action. The Plan Commission shall approve, approve with modifications, deny, or continue the site development plan application.
1. Approve. The Plan Commission shall approve the development plan if it is consistent with all applicable requirements of this chapter.
2. Approve with modifications. The Plan Commission shall approve the development plan with modifications if it is generally consistent with all applicable requirements of this chapter. The Plan Commission may impose conditions on the approval of a development plan if the conditions are necessary to satisfy the requirements and intent of this chapter. Accepted conditions shall become written commitments which shall be recorded by the applicant before any construction activity commences.
3. Deny. The Plan Commission shall deny the development plan if it is not consistent with the applicable requirements of this chapter. Development plan applications that have been denied shall not be re-filed for a period of one year from the date of the denial, unless a different design, that addresses the reasons for denial, is submitted.
4. Continue. The application may be continued based on a request by the Planning Director, the applicant, a remonstrator, or an interested party; an indecisive vote; a determination by the Commission that additional information is required prior to action being taken on the request; or if the applicant or an appropriate representative of the applicant fails to appear at the public hearing.
a. Additional legal notice shall not be required unless specified by the Plan Commission.
b. The continuing of all applications shall be consistent with the adopted rules and procedures of the Commission.
(4) Permits. Prior to any site work or construction activity, the applicant shall be required to obtain the appropriate improvement location permit and any other required permits specified by this chapter.
(Ord. 2007-1B, passed 2-5-07)
Cross reference:
Notice of public hearing, see § 156.101
The applicant with a rezoning petition may make written commitments regarding the characteristics of the proposed future use of, or the resolution of outstanding issues in existence on the subject property consistent with I.C. 36-7-4-613 which, if accepted by the Area Plan Commission, must be recorded by the applicant prior to application for an improvement location permit.
(A) Origin of commitments. Written commitments may be proposed by the applicant as an element of the initial submittal of application materials, as a response to comments made by the Technical Advisory Committee, or in response to any modifications requested by the Plan Commission.
(B) Consideration of commitments. Any commitments shall be considered by the Technical Advisory Committee and/or the Plan Commission at the time of their review of the application.
(C) Filing of commitments. Following final action being taken on the development plan application, the written commitments shall be documented by the Planning Director. A copy of the commitments shall be maintained by the Planning Director for the records of the Plan Commission.
(D) Enforcement of commitments. The written commitments shall be considered part of this chapter binding on the subject property.
(1) Successors in interest. The written commitments shall be binding on the owner of the subject property, any subsequent owners of the subject property, and any person or entity that acquires an interest in the subject property or any portion of the subject property.
(2) Enforcement. The written commitments shall be enforceable by the Plan Commission as if they are a part of this chapter, consistent with the provisions of §§ 156.115 et seq.
(3) Modification. The written commitments may be modified by the Plan Commission only through the development plan process described by this subchapter.
(Ord. 2007-1B, passed 2-5-07)
Cross reference:
Enforcement and penalties, see §§ 156.115 et seq.
Notice of public hearing, see § 156.101
(A) The following procedure applies to improvement location permits for signs only (sign permits).
(B) Sign permit review for permanent signs. The following procedure applies to permanent sign permit review. Sign standards are contained in §§ 156.085 et seq.
(1) Application. Application for a permit shall be filed with the Planning Director and shall be accompanied by any information the Planning Director determines is necessary to assure compliance with this chapter, including but not limited to:
(a) Clear and legible drawings with descriptions showing the location of the sign which is the subject of the permit;
(b) An indication of all existing and anticipated signs on the same property and for the same business use;
(c) A dimensioned drawing showing the size of the sign face area and the height of the sign;
(d) Description of sign materials and colors;
(e) Type of illumination;
(f) Mounting details.
(2) Effect of sign permit issuance. A sign permit issued under the provisions of this section shall not be deemed to constitute permission or authorization to maintain an unlawful sign nor shall it be deemed as a defense in an action to remove an unlawful sign.
(3) Expiration. A sign permit shall become null and void if work has not been started within 30 days of the date the permit is issued or completed within 180 days of the date the permit is issued.
(Ord. 2007-1B, passed 2-5-07)
(A) Intent. The intent of the certificate of occupancy procedure is to coordinate building, planning, and engineering related issues and approvals into a single process and to better ensure the public safety and general welfare.
(B) The following procedure applies to certificates of occupancy.
(1) Certificate requirements. It shall be unlawful and in violation of this chapter for any builder or property owner to allow any improvement that requires an improvement location permit to become occupied or utilized prior to:
(a) Legally obtaining an improvement location permit;
(b) Successfully completing all required inspections, including the final inspection; and
(c) Obtaining a certificate of occupancy from the Planning Director.
(2) Inspection. Upon the completion of the work approved through an improvement location permit, the permit holder shall contact the Planning Commission Office and schedule a final inspection to verify the installation of improvements consistent with the requirements of this chapter.
(3) Certificate issuance. The Planning Director or designee shall issue the certificate of occupancy if the improvements comply with this chapter, the Subdivision Control Ordinance, and other applicable requirements. The Planning Director may also issue a limited or temporary certificate of occupancy at his/her discretion.
(Ord. 2007-1B, passed 2-5-07)
ENFORCEMENT AND PENALTIES
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