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Kouts, IN Code of Ordinances
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§ 154.371 INITIATION OF AMENDMENT.
   A Zoning Code text amendment may be initiated by the Town Council or the Plan Commission. An amendment to change the Zone Map may be initiated by the Town Council, Plan Commission or by a petition signed by property owners who own at least 50% of the land involved.
(Ord. 1995-12, passed 7-6-95; Am. Ord. 1996-20, passed 1-20-97)
§ 154.372 FORM OF APPLICATION.
   (A)   Any request for a Zoning Ordinance Zone Map change shall be in compliance with the provisions of I.C. 36-7-4-600 et seq., as amended from time to time. A Zone Map change request shall be submitted in writing to the Plan Commission in a form prescribed by the Commission, by the first day of the month for informal review. Evidence shall be attached, in a manner satisfactory to the Commission, which shows the following:
      (1)   Payment of fees and charges as established herein when the application is filed;
      (2)   Sufficient graphic material, in triplicate, to adequately assist the Commission in understanding the nature of the request.
   (B)   The Plan Commission and Town Council shall not consider any proposed Zone Map change which is substantially the same as any other proposed amendment submitted within the previous 12 months.
   (C)   Any proposal for a Zoning Code text amendment shall be in compliance with the provisions of I.C. 36-7-4-600 et seq., as amended.
(Ord. 1995-12, passed 7-6-95; Am. Ord. 1996-20, passed 1-20-97)
Statutory reference:
   For provisions concerning zoning ordinances generally, see I.C. 36-7-4-600 et seq.
§ 154.373 PROCEDURE.
   The Plan Commission and Town Council shall study such proposals for text and Zone Map change to determine:
   (A)   The general conformity and consistency with the various elements of the Comprehensive Plan;
   (B)   The need and justification for any proposed change of this Zoning Code or the Zone Map;
   (C)   Current conditions and the character of current structures and uses in each Zoning District;
   (D)   The effect of a use district change, if any, on the property and on surrounding property;
   (E)   The most desirable use for which the land in each Zoning District is adopted;
   (F)   The amount of undeveloped land in the general area and in the town having the same district classification as that requested or affected by an ordinance amendment;
   (G)   The effect of a use district change in view of responsible growth and development.
(Ord. 1995-12, passed 7-6-95; Am. Ord. 1996-20, passed 1-20-97)
§ 154.374 PUBLIC HEARING AND COMMISSION ACTION.
   (A)   Before acting on any proposed amendment, the Commission shall hold a public hearing, as required by I.C. 36-7-4-600 et seq., as amended from time to time. The rules of procedure of the Plan Commission for notice and proof shall be complied with.
   (B)   Any action of the Commission shall be advisory only. No recommendation of the Commission shall be effective, however, unless acted upon by a full majority of Commission membership.
(Ord. 1995-12, passed 7-6-95; Am. Ord. 1996-20, passed 1-20-97)
Statutory reference:
   For provisions concerning zoning ordinances generally, see I.C. 36-7-4-600 et seq.
§ 154.375 ACTION BY TOWN BOARD ON AMENDMENT OR ZONE MAP CHANGE.
   The Town Council shall be guided by the advice of its Plan Commission when considering a Zoning Code text amendment or Zone Map change. It shall not, however, be bound to recommendations of the Plan Commission.
(Ord. 1995-12, passed 7-6-95; Am. Ord. 1996-20, passed 1-20-97)
§ 154.376 WRITTEN COMMITMENTS.
   (A)   General. The Commission and Town Council may allow or require a written commitment from the owner, petitioner or developer for a proposal to change the Zone Map filed by a property owner or developer when, in the opinion of the Commission and Town Council, certain commitments should be made for the protection of the public interest and for the public health, safety and general welfare of the town. A written commitment may establish the zoning district or use or a range of uses permitted in the territory being considered by the proposal. Such commitments may also stipulate general or detailed conditions, restrictions or requirements upon the establishment, location, design, layout, construction, maintenance, beautification, aesthetics, operation or other elements of the proposed development prompting the Zone Map amendment proposal.
   (B)   Time. A written commitment shall be agreed to or imposed upon a petition at the time the Zone Map amendment is made and ordinance adopted by the Town Council.
   (C)   Recordation and binding effect. The ordinance amending the Zone Map shall include the commitments established hereunder and said amending ordinance shall be recorded in the public records of the Recorder of Porter County, Indiana. A written commitment is binding upon: the owner of the parcel affected; a subsequent owner of the parcel; and a person who acquires an interest in the parcel. In the event a written commitment is not recorded, the commitment shall be binding on the owner of the parcel. An unrecorded written commitment shall be binding on a subsequent owner of the parcel or a person acquiring an interest in the parcel only if the subsequent owner or the person acquiring the interest has actual notice of the commitment.
   (D)   Amendment of the commitment. A written commitment may be modified or terminated only upon the action of the Commission and Town Council after first conducting a public hearing and following the same procedure set forth in this subchapter.
   (E)   Enforcement. A written commitment shall be enforced by the town. Any violation of a commitment shall be deemed a violation of the Zoning Code and the person or corporation who violates any provision of a written commitment shall be subject to all penalties and fines set forth in the Zoning Code. In addition, the written commitments may authorize and grant standing to certain specially affected persons, corporations, property owners or classes of specially affected persons, corporations or property owners to seek civil injunctive relief from any court of competent jurisdiction to enforce any or all commitments.
   (F)   Automatic termination. A commitment made under this section shall automatically terminate if after the adoption of the proposal:
      (1)   The Zone Map applicable to the parcel is changed; or
      (2)   The parcel is designated as a planned unit development.
   (G)   No affect on private rights. No written commitment shall affect the validity of any covenant, easement, equitable servitude or other land use restriction in accordance with law.
(Am. Ord. 1996-20, passed 1-20-97)
§ 154.377 QUESTIONABLE ZONING DISTRICTS.
   If any property is judicially determined or otherwise determined to be without zoning or exists without a clearly designated zoning district classification, then in such case the property shall be zoned R-1 Residential Zoning District.
(Ord. 1995-12, passed 7-6-95; Am. Ord. 1996-20, passed 1-20-67)
ADMINISTRATION AND ENFORCEMENT
§ 154.390 BOARD OF ZONING APPEALS.
   (A)   Establishment and membership. A Board of Zoning Appeals is established in accordance with I.C. 36-7-4-900 et seq., as amended from time to time. The present members of the Kouts Board of Zoning Appeals are designated as members of the Board of Zoning Appeals created herein.
   (B)   Powers. The Board of Zoning Appeals shall have all the powers provided in I.C. 36-7-4-900 et seq., as amended from time to time. In the exercise of these powers, the Board of Zoning Appeals may impose such conditions as it may deem advisable in the furtherance of the purposes of this Zoning Code.
   (C)   Rules of procedure.
      (1)   The Board of Zoning Appeals shall adopt rules of procedure which may not conflict with the Zoning Code concerning:
         (a)   The filing of appeals;
         (b)   The application for variances, special exceptions, special uses, continent uses and conditional uses;
         (c)   The giving of notice;
         (d)   The conduct of hearings;
         (e)   The determination of whether a variance application is for a variance of use or a variance from development standards (such as height, bulk or area).
      (2)   The Board of Zoning Appeals may also adopt rules providing for:
         (a)   The allocation of cases filed;
         (b)   The fixing of dates for hearings;
         (c)   The general conduct of the business of the Board of Zoning Appeals.
      (3)   Prior to the determination of an appeal or decision on a permit for special exception, special use, contingent use or conditional use or decision on variances, the Board of Zoning Appeals shall fix a reasonable time for a hearing. Public notice shall be provided as required by the rules of the Board of Zoning Appeals.
   (D)   Meetings. The meetings of the Board of Zoning Appeals shall be held at the call of the chairman at such times as the Board may determine. The Board of Zoning Appeals shall keep minutes of its proceedings and record the vote on all actions taken. All minutes and records shall be filed in the office of the Board and are public records. The Board of Zoning Appeals shall in all cases heard by it make written findings of fact.
   (E)   Appeals jurisdiction. The Board of Zoning Appeals shall hear and determine appeals from and review:
      (1)   Any order, requirement, decision or determination made by an administrative official or staff member under the Zoning Code;
      (2)   Any order, requirement, decision or determination made by an administrative board or other body, except the Plan Commission, in relation to the enforcement of the Zoning Code.
   (F)   Exceptions and uses. The Board of Zoning Appeals shall approve or deny all special exceptions and special uses from the terms of the Zoning Code, as specifically required by the Zoning Code. A special exception or special use may only be approved upon a determination in writing. The Board of Zoning Appeals may impose such conditions as will ensure that:
      (1)   The establishment, maintenance or operation of the special use or special exception will not be detrimental to or endanger the public health, safety, comfort, morals or general welfare and is in accordance with the Comprehensive Plan of the town;
      (2)   The special exception or special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish and impair property values within the community;
      (3)   The establishment of the special exception or special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the Zoning District;
      (4)   The special exception or special use shall be required to comply with reasonable time limitations on commencement and duration of special exception or special use, as well as holder of rights to special exception or special use;
      (5)   Adequate utilities, access roads, drainage and/or other necessary facilities will be provided;
      (6)   Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;
      (7)   The special exception or special use shall in all other respects conform to the applicable regulations of the Zoning District in which it is
located and the Board of Zoning Appeals finds that there is a public necessity for the special exception or special use.
   (G)   Variances of use from terms of Zoning Code. The Board of Zoning Appeals shall approve or deny all variances of use from the terms of the Zoning Code. The Board of Zoning Appeals may impose reasonable conditions as part of its approval. A variance hereunder may only be approved upon a specific determination in writing that:
      (1)   The approval will not be injurious to the public health, safety, morals and general welfare of the community;
      (2)   The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;
      (3)   The need for the variance arises from some condition peculiar to the property involved;
      (4)   The strict application of the terms of the Zoning Code will constitute an unnecessary hardship if applied to the property for which the variance is sought; and
      (5)   The approval does not interfere substantially with the Comprehensive Plan of the town.
   (H)   Variances from development standards of Zoning Code. The Board of Zoning Appeals shall approve or deny variances from the development standards (such as height, bulk or area) of the Zoning Code. A variance hereunder may only be approved upon a specific determination in writing that:
      (1)   The approval will not be injurious to the public health, safety, morals and general welfare of the community;
      (2)   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
      (3)   The strict application of the terms of the Zoning Code will result in practical difficulties in the use of the property.
   (I)   Procedure in appeals for variances. The Board of Zoning Appeals may approve variances only upon the specific written determinations required in this section, together with the procedures and guidelines stated hereafter, namely:
      (1)   A nonconforming use of neighboring lands, buildings or structures in the same Zoning District, and a permitted use of lands, buildings or structures in other Zoning Districts shall not be considered grounds for approval of a variance. Any other variance granted in the same general area shall not constitute grounds for approval of another similar variance;
      (2)   The variance shall be the minimum variance that will make possible a reasonable use of the land, building or structure, equivalent to, but not exceeding the use of similar lands, buildings or structures permitted generally in the same Zoning District;
      (3)   A date shall be set for a public hearing on the variance not less than ten days after the application for such is received and notice shall be given as required herein. A public hearing shall be held before action is taken on any variance;
      (4)   The Board of Zoning Appeals shall determine whether each of the requirements have been met. In granting any variance, the Board of Zoning Appeals shall prescribe conditions and safeguards to assure conformity with the purposes of this chapter. Violation of such conditions and safeguards, when made part of the terms under which the variance is granted, shall be deemed a violation of this Zoning Code.
      (5)   No variance shall be granted which will permit a use not permitted in the pertinent Zoning District by this Zoning Code.
      (6)   Any approved variance shall become void if:
         (a)   The variance is not exercised within 90 days after being granted;
         (b)   Any structure or characteristic of use permitted by variance is moved, removed or discontinued;
      (7)   A request for variance may be initiated only by the property owners and none other.
   (J)   Appeals to the Board.
      (1)   An appeal filed with the Board of Zoning Appeals must specify the grounds of the appeal and must be filed within ten days from the date of the action appealed from. In the event appeal is not taken, as specified herein, the right of appeal shall be terminated.
      (2)   The administrative official or other body from whom the appeal is taken shall, on the request of the Board of Zoning Appeals, transmit all documents, plans and papers constituting the record of the action from which an appeal was taken.
      (3)   Upon appeal, the Board of Zoning Appeals may reverse, affirm or modify the order, determination, requirement or decision appealed from. For this purpose, the Board of Zoning Appeals has all the powers of the official, officer, board or body from which the appeal is taken.
      (4)   The Board of Zoning Appeals shall make a decision on any matter that it is required to hear, as specified in this section, either:
         (a)   At the meeting at which that matter is first presented; or
         (b)   At the conclusion of the hearing on that matter, if it is continued;
      (5)   The Board of Zoning Appeals shall file in the office of the Board a copy of its decision within five days after making any decision.
   (K)   Public hearings. Upon the filing with the Board of Zoning Appeals of an appeal, or of an application for special exception, special use or variance, a reasonable time and place for public hearing thereon shall be established and notice thereof shall be given by the Town Clerk-Treasurer as follows:
      (1)   Submit a completed legal advertise- ment notice form to two newspapers of general daily circulation in the town for one publication in each newspaper at least ten days prior to the scheduled public hearing date;
      (2)   Obtain a certified list of the adjacent property owners to the property involved in the application or appeal and either hand-deliver or mail by certified mail, return receipt requested, a copy of the completed legal advertisement notice form to each adjacent property owner, as defined herein- after. In the event an adjacent property owner owns more than parcel of property, as indicated on the certified list, then that adjacent property owner shall receive separate notices for each parcel owned, to be mailed separately, with proof of separate mailing required. Hand-delivered notices must be accompanied by a signed and dated verification of delivery. Notification to the adjacent property owners must be made to each adjacent property owner at least ten days prior to the date of the public hearing.
         (a)   The legal notice shall state the name of the legal owner of the property. For example, in the event the property is held in a trust, then the legal notice shall state the name of the bank and trust number. The legal notice shall also include the nature of the request, namely, special use permit, special exception, variance and the like.
         (b)   Adjacent property owners are defined as those property owners within 500 feet of the subject property boundaries. The certified list of adjacent property owners must make reference to the above perimeters.
         (c)   Proof of publication of legal advertisement in the newspapers, as well as providing the certified list of adjoining property owners and proof of notice to the adjoining property owners must be submitted to the designated town official at least 24 hours prior to the public hearing.
         (d)   Notice shall also be mailed by the Town Clerk-Treasurer and to each member of the Town Council.
   (L)   Appeal to court. Each decision of the Board of Zoning Appeals is subject to review by certiorari. Each person aggrieved by a decision of the Board of Zoning Appeals may present to the Circuit or Superior Courts of Porter County a verified petition setting forth that the decision is illegal in whole or in part and specifying the grounds of the illegality. The aggrieved person shall present the petition to the Court within 30 days after the date of that decision of the Board of Zoning Appeals.
(Ord. 1995-12, passed 7-6-95; Am. Ord. 1996-21, passed 1-20-97; Am. Ord. 1997-9, passed 8-18-97; Am. Ord. 2008-1, passed 2-18-08; Am. Ord. 2014-5, passed 8-18-14)
Statutory reference:
   For provisions concerning zoning appeals generally, see I.C. 36-7-4-900 et seq.
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