(A) Administration. The administration of this chapter shall be in accordance with I.C. 36-7-4 et seq.
(B) Commission's duties. The Commission is hereby authorized to perform those duties and functions specified in I.C. 36-7-4-400 et seq. and any other applicable section of the Indiana Code along with other responsibilities as may be assigned to it, from time to time, by the County Commissioners. The Commission shall adopt written rules of procedure for the administration of the affairs of the Commission, its staff, and for investigations and hearings.
(C) Board's duties. The Board is hereby authorized to perform those duties and functions specified in I.C. 36-7-4-900 et seq. and other applicable sections of the Indiana Code. The Board shall adopt written rules of procedure for the administration of the affairs of the Board, its staff, and for investigations and hearings.
(D) Staff duties.
(1) The executive director of the Commission is hereby designated as the "administrative official" responsible for administration of this chapter.
(2) The staff shall have the authority to take those lawful actions necessary to enforce the terms of this chapter on behalf of the Commission and the Board. These authorities shall include, but are not necessarily limited to, the following:
(a) The authority to take any action to correct any violations of this chapter;
(b) The authority to review applications and issue permits;
(c) The authority to perform inspections of all lands located within the jurisdiction of the Commission in order to enforce this chapter:
1. To execute inspections, the staff shall have the right to enter upon any premises, land or structure, at a reasonable time, for the purpose of carrying out their duties in the enforcement of the regulations contained within the chapter; and
2. To make application to any Judge of the Circuit or Superior Court of the county, for the issuance of an administrative search warrant should the owner or occupant of the land, premises or structure refuse to permit entry to undertake inspections.
(d) The authority to issue a stop work order for any activity, which is commenced without a permit or any activity being carried out in a manor that violates this chapter; and
(e) The authority to perform those duties specified in I.C. 36-7-4-700 et seq. and other applicable sections of the Indiana Code as well as any other duties that may be assigned to them from time to time by the Commission, Board or legislative body.
(E) Improvement location permits.
(1) No structure, land or premises shall be occupied or used for excavation, demolition, construction, alteration or any other purpose whatsoever, either in whole or in part, without an improvement location permit, except for the raising of crops.
(2) Improvement location permits issued on the basis of plans and applications approved by the staff authorize only the use, occupancy, arrangement and construction set forth in such approved plans and applications, and no other use, occupancy, arrangement or construction is permitted. Any use, occupancy, arrangement or construction, which is inconsistent with that authorized by the permit shall be deemed a violation of the chapter.
(3) Any improvement location permit issued by the staff for the occupancy or use of any structure, land or premise, unless otherwise stipulated on the face of the permit shall expire 12 months after the date of its granting, unless the permit holder or his or her agent has put into effect the use for which the permit was issued.
(4) If the staff determines that the construction or development under any permit is not in compliance with this chapter, the permit may be revoked by providing written notice to the permit holder or any agent of the permit holder. The permit shall be considered revoked upon service of the written notice of revocation upon the permit holder or his or her agent. Any use or occupancy of the structure, land or premises in contravention to this chapter following the revocation of the permit shall be deemed a violation of this chapter.
(5) Any decision by the staff relating to this section may be appealed to the Board in accordance with the rules and regulation concerning administrative appeals. Nothing in this section shall be deemed to prevent an applicant or holder of a permit from applying to the Board for a variance or conditional use as provided in this chapter.
(6) No approval for an improvement location permit shall be granted until all application fees and other information required by this chapter have been properly submitted to the staff.
(F) Violations.
(1) Common nuisance.
(a) Any structure erected, raised or converted, or land or premises used in contravention of this chapter, is a common nuisance and shall be deemed a violation of this chapter.
(b) Any landowner or possessor of any structure, land or premises deemed to have violated this chapter shall be liable for maintaining a common nuisance.
(2) Violator. Any person, who commits, participates in, assists in or maintains a violation of this chapter may each be found guilty of a separate offense and suffer the penalties provided for in this chapter.
(3) Filing complaint.
(a) Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint.
(b) The written complaint shall be filed with the administrative official and shall set forth the causes and basis of the violation.
(c) The administrative official shall properly record the complaint and undertake an immediate investigation of the complaint.
(d) If upon investigation, it is determined by the administrative official that a reasonable belief exist that a violation of this chapter has occurred, the administrative official shall provide written notice to the alleged violator and thereafter may file or caused to be filed a complaint against the violator as provided for in this chapter and under state law.
(G) Amendments.
(1) Ordinance text. The text of this chapter may be amended or partially repealed from time to time as provided in I.C. 36-7-4-607 or as amended thereafter. Notice shall be given to interested parties and the hearing conducted in accordance with the Commission's rules of procedure.
(2) Official zoning maps. The zoning map may be changed from time to time as provided in I.C. 36-7-4-608 or as amended thereafter. Notice shall be given to interested parties and the hearing conducted in accordance with the Commission's rules of procedure.
(3) Written commitments. As specified in I.C. 36-7-4-615, when considering an amendment to the official zoning maps, the Commission may require or allow written commitments that restrict the use(s) and/or developmental standards of the proposed zoning district in accordance with the following.
(a) 1. Written commitments may be initiated by the Commission, the petitioner or by the legislative body.
2. The legislative body or petitioner shall refer the new commitments or modifications to the Commission for consideration.
3. The Commission must address the new commitment during the scheduled public hearing on the rezoning matter, or at their next available meeting, in order to take and consider public input on the new commitment.
4. After the public hearing, the Commission must agree or disagree with the action of the new commitment.
5. The legislative body then makes the final approval or disapproval at their next available meeting.
(b) After the initial rezoning, the Commission may modify or terminate written commitments relating to the development standards after notice is provided in accordance with the Commission's rules of procedure. The modification may be initiated by the owner of the property, by the Commission, or by the legislative body.
(c) Modifications or termination of commitments involving permitted uses may be allowed only through the same procedure as the initial rezoning. In approving, modifying or terminating commitments, the Commission shall consider the factors listed in division (G)(3)(d) below.
(d) The written commitments shall be recorded in accordance with the I.C. 36-7-4-615. Recorded commitments are binding on the owner of the parcel, a subsequent owner of a parcel, and any person who acquires an interest in the parcel. Any rezoning ordinance amending the official zoning maps that includes written commitments shall not be effective until the commitments are recorded. The commitments must be recorded within 90 calendar days after the legislative body adopts the rezoning ordinance, unless the Commission grants an extension. In the event the commitments are not recorded within the specified time, the rezoning ordinance shall not take effect and shall be considered null and void.
(e) An improvement location permit shall not be issued for any property subject to written commitments unless the use and/or development on the property complies with the recorded written commitments.
(f) Any violations associated with written commitments are subject to enforcement and penalties established under this chapter.
(4) Considerations. In preparing and considering proposals to amend or partially repeal the text of this chapter, or to make changes in the official zoning maps, the Commission and legislative body shall pay reasonable regard to:
(a) The comprehensive plan;
(b) Current conditions in the character of current structures in use in each district;
(c) The most desirable use for which the land in each district is adapted;
(d) The conservation of property values throughout the jurisdiction; and
(e) Responsible development and growth.
(H) Severability.
(1) Should any provision of this chapter be held invalid or unenforceable by any court of competent jurisdiction, all other provisions shall none the less continue in full force and effect.
(2) Should any court of competent jurisdiction hold the application of any provision of this chapter to be invalid as to a particular structure, land or premises, then and in that event, that holding shall not effect the application of that particular provision of the chapter to any occupancy or use on any other structure, land or premises not specifically included within the judgement.
(I) Articles and subheadings. The headings of the several articles and subdivisions of this section are inserted solely for the convenience of reference and shall have no further meaning, force or effect.
(Ord. 2006-13, passed 4-3-2006; Ord. 2012-9, passed 7-2-2012) Penalty, see § 152.999