(A) Duties. The Administrator, including his or her designee(s), will have the principal responsibility for the administration and enforcement of this unified development ordinance within the Plan Commission’s planning jurisdiction. The duties delegated by the Plan Commission to the Administrator, or his or her designee shall include, but not be limited to, the following:
(1) Interpretation and assistance. Provide interpretation of the unified development ordinance of the city when necessary and provide technical and clerical assistance as the Plan Commission and Board of Zoning Appeals may require;
(2) Public information. Provide and maintain a public information service relative to all matters or the Plan Commission and arising out of the unified development ordinance of the city;
(3) Permits. Reviewing, approving or disapproving all improvement location permits and other permits (Chapter 9: Permits, Certificates and Procedures) and keeping permanent records of applications made and actions taken;
(4) Inspections. Conducting inspections of structures and properties to determine compliance with the requirements of this ordinance and all approvals granted by the Plan Commission, Board of Zoning Appeals, Plat Committee or other body in the execution of its duties as established by this ordinance and the State Code;
(5) Record keeping. Maintaining permanent and current records documenting the application of this ordinance including, but not limited to, all maps, amendments, conditional uses, variances, waivers and appeals. The official zoning map shall be updated per the terms of the Plan Commission Rules of Procedure;
(6) Plan Commission applications. Receiving, processing, docketing and referring to the Plan Commission all appropriate applications;
(7) Board of Zoning Appeals applications. Receiving, processing, docketing and referring to the Board of Zoning Appeals all appeals, variances, conditional uses and other matters upon which it is authorized to act under this ordinance and the State Code;
(8) Technical Assistance Committee. Receiving, processing, docketing and referring to the Technical Assistance Committee all appropriate applications;
(9) Clerical and technical assistance. Providing all clerical and technical assistance as may be required by the Board of Zoning Appeals, Plan Commission, Technical Assistance Committee, legislative bodies or other body in the execution of its duties as established by this ordinance and the State Code; and
(10) Analysis. Conduct research and collect and analyze, on a continuing basis, all pertinent data on the growth and development of the city and its environs in order to provide a foundation for a planning program.
(B) Fee schedule. The Administrator shall maintain a schedule of fees, as approved by the Common Council, for all applications, permits and other processes outlined in this ordinance.
(1) Fee basis. All fees shall be intended to reimburse the Plan Commission for the time and cost of processing the required materials. In no instance shall a fee be used as a means of discouraging or encouraging any particular types of applications.
(2) Public access. The fee schedule shall be made available to the public by the Administrator.
(3) Establishment and revisions. The fee schedule shall be prepared by the Administrator, reviewed by the Plan Commission and approved by ordinance by the Common Council.
(a) The fee schedule may be amended by a recommendation submitted to the Common Council by the Plan Commission followed by the Council approval of a revised fee schedule ordinance.
(b) The Administrator shall review the fee schedule annually and bring any necessary revisions to the attention of the Plan Commission and Common Council.
(4) Payment required. Until all applicable fees have been paid in full, no action shall be taken on any application or petition.
(5) Fines for failing to obtain a permit. The Administrator may require any person who initiates construction of a structure or the alteration of land prior to obtaining any required permit to pay fines in accordance with the schedule in Chapter 10 of this ordinance. In addition to any enforcement cost, attorney’s fees for the activity may be included in addition to the established fine/penalty.
(C) Schedule of meeting and filing dates. The Administrator shall maintain an annual calendar of meeting and filing dates for the Technical Assistance Committee, Plat Committee, Plan Commission and Board of Zoning Appeals. The existence of this calendar shall not be interpreted as prohibiting special meetings of the Committees, Commission or Board.
(1) Coordination of calendars. The calendars of the Technical Assistance Committee, Plat Committee and Plan Commission shall be coordinated to ensure the efficient processing of applications.
(2) Conformance with the State Code. All meeting and filing dates shall be based on the requirements of this ordinance and the laws of the state.
(3) Approval of dates. The calendar of meeting and filing dates shall be prepared by the Administrator and approved by the Plan Commission and Board of Zoning Appeals (the Plan Commission shall be responsible for approving a coordinated calendar for the Technical Assistance Committee and the Plat Committee). The calendar of meeting and filing dates shall be reviewed and updated annually by the Administrator.
(D) Appealing a decision of the Administrator. Recourse from the decision of the Administrator shall be to the Plan Commission on matters pertaining to zoning. Recourse from the decision of the Plan Commission shall be to the Board of Zoning Appeals (BZA) and recourse from the decision of the BZA shall be to the courts as provided by law.
(Ord. 07-16, passed 12-10-2007)
Editor’s note:
Applications and other forms shall be available at the office of the Planning and Building Department and at www.cityoflebanon.org.