Loading...
(A) No application for an improvement location permit may be considered unless the applicant has also applied for a certificate of occupancy.
(B) No land or structure with respect to which a permit has been issued may be used for the purpose contemplated by their permit unless the Zoning Administrator, after the change is completed, issues a certificate of occupancy stating that the change complies with this chapter and with the permit.
(C) The filing fee for a certificate of occupancy shall be an amount set forth in the fees schedule adopted by the Commission. This amount shall be included in the improvement location fee and shall be deposited in the City General Fund.
(D) Within ten days after the completion of the change authorized by the improvement location permit, the Zoning Administrator shall inspect the premises and, if the change conforms to this chapter and the improvement location permit, and a certificate of compliance if required has been obtained, he shall issue a certificate of occupancy.
(E) Before an occupancy permit shall be issued, all required on-site (outside the right-of-way) and off- site (within the right-of-way) infrastructure improvements, including required off-street parking, shall have either been completed or, if not completed, the permittee shall have entered into an agreement with the city, as the case may be, to complete such work within six months from the date of the issuance of the permit. The Director may extend the completion date for one additional six-month period upon written request of the permittee upon a showing of good cause therefore. Such an agreement shall be secured either by cash deposited with city, as the case may be, a cash deposit in the irrevocable escrow approved by the Director, or other financial security approved by the Director as the equivalent thereof. Such security shall be in the amount of 100% of the estimated cost of completion to be determined by the said Director. In the event such work is not completed within the period provided or any extension thereof, the city, as the case may be, shall be authorized to take all necessary action to enforce the agreement, including the use of city, as the case may be, or in the escrow, may be partially released to the depositor by said Director during the progress of the work so long as the same ratio of security is maintained on deposit to secure all uncompleted work.
(1985 Code, § 36-7-4-600(9.2))
(A) Any person who shall make application for an improvement location permit shall, at the time of making such application, furnish the Zoning Administrator with:
(1) In case of a single-family, two-family or agricultural building or use: a plot plan;
(2) For all other uses: a detailed site plan of the land upon which said application for an improvement location permit is made. Such application shall be made at least five days prior to the issuance of said improvement location permit, which five day period may be waived by the Zoning Administrator. Said plot plan or detailed site plan shall be drawn to scale showing the following items:
(a) 1. The location of the land concerned;
2. The location and size of all buildings or structures already on the land and those to be erected;
3. The width of all entrances to and exits from the land; and
4. All adjacent street and highways;
5. Drainage structures or plans as approved by the City Utilities Engineer and the City of Marion Engineer for projects on permits of one acre or more as outlined in § 152.116.
(b) Detailed site plan (see § 153.142. Plans so furnished shall be kept by the Zoning Administrator as permanent records.
(B) For an airport, a heliport, a hospital, an industrial park, a mobile home park or travel trailer park, a penal or correctional institution, a private recreation development, or a public utility substation or exchange, the plan furnished must also include a plan for landscape development and the manner of handling surface and internal drainage and disposing of such drainage to a suitable outlet and a report on soil capabilities prepared by a soil scientist.
(C) As a condition of issuing a permit, the Zoning Administrator may require the relocation of any structure or of any entrance or exit or the inclusion of an entrance or exit not shown on the plan, if the requirement is necessary in the interest of the public welfare or to an appropriate balancing of the interests of persons in the district and vicinity concerned.
(1985 Code, § 36-7-4-600(9.3)) (Am. Ord. 19-2005, passed 7-5-2005; Am. Ord. 19-2010, passed 10-19-2010)
ADMINISTRATION
(A) Establishment and organization.
(1) The Marion Board of Zoning Appeals is established. No other divisions or boards shall exist.
(2) The membership of Marion of the Board of Zoning Appeals shall be established as provided by state law.
(3) The Marion Board of Zoning Appeals shall have exclusive jurisdiction to hear and act upon appeals involving realty located within the corporate boundaries of the City of Marion.
(4) The Marion Board of Zoning Appeals shall have such duties and powers as are designated for such Boards of Zoning Appeals under Indiana law (I.C. 36-7-4), as amended or changed from time to time.
(1985 Code, § 36-7-4-600(10.2))
(B) Hearings. Upon application for a special exception or variance, and upon appeal from a decision of the Zoning Administrator or Director, the Board shall hold a public hearing. Public notice setting forth the time and place shall be given at least ten days before the date of the hearing in a newspaper of general circulation in the city. Interested parties shall be notified as provided by the Board. The cost of such notices shall be borne by the person applying or appealing.
(1985 Code, § 36-7-4-600(10.3))
(A) The Board may grant a variance with respect to specific property or an intended use if, after a public hearing under § 153.138, it finds that:
(1) The grant will not be injurious to the public health, safety, morals, and general welfare of the community;
(2) The use or value of the area subject to the property included in the variance will not be adversely affected;
(3) The need for the variance arises from some condition peculiar to the property involved and does not exist in similar property in the same district; and
(4) The strict application of the terms of the ordinance will constitute an unusual and unnecessary hardship as applied to the property for which a variance is sought.
(B) The Board shall not grant a variance regarding the following:
(1) From a use district or classification;
(2) The extension the time permitted for a temporary mobile home beyond that specified in the original special exception permit.
(C) The Board may require or accept a recorded commitment regarding a variance in the form and manner as provided in § 153.180.
(D) Variances involving minor deviations:
(1) When in public interest, the Director may consider and render decisions on applications involving minor deviations from the provisions of this chapter, limited to the following:
(a) Lot area requirements may be reduced by not more than 10% of that required in the District;
(b) Yard requirements may be reduced by permitting portions of a building or structure to extend into and occupy not more than 10% of the area of a required yard;
(c) Maximum building heights may be increased by not more than 10%.
(2) Such decision shall be based on the provisions of § 153.181.
(3) The Director shall make a decision within 15 days of the date of filing such application.
(4) The Director shall report his findings and decisions to the Board of Zoning Appeals at its next regular or special meeting.
(5) Any person requesting such minor variance may appeal the decision of the Director as provided in this chapter.
(1985 Code, § 36-7-4-600(10.7))
Loading...