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§ 153.176 BOARD OF ZONING APPEALS.
   (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))
§ 153.177 VARIANCES.
   (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))
§ 153.178 APPEALS.
   (A)   A decision of the Zoning Administrator enforcing this chapter may be appealed to the Board by any person who is adversely affected by the decision. The filing fee shall be an amount set forth in the fee schedule adopted by the Commission and shall be deposited in the City General Fund. The appeal shall be filed within 30 days from the date of any order, decision, determination, issuance, or denial of an improvement location permit. The appeal shall be in writing in the form prescribed by the Department.
   (B)   On an appeal under § 153.999, the Board may make any decision that the Zoning Administrator might have made.
   (C)   A decision of the Board is subject to review by certiorari.
(1985 Code, § 36-7-4-600(10.8))
§ 153.179 AMENDMENTS.
   (A)   All amendments to this chapter shall be in accordance with I.C. 36-7-4-600 et seq.
   (B)   The Commission and/or the city may require or accept a recorded commitment regarding an amendment, as provided in § 153.180.
   (C)    When an application is filed to change property from one district to another the following procedure shall be used by the staff.
      (1)   Verification of petition. The Director shall verify the completeness of the application and the date of verification shall be noted on the application.
      (2)   Planning Department investigation. The Advisory Planning Department shall send a copy of the application to the following agencies for their review and comments:
         (a)   County soil and Water Conservation District;
         (b)   County Drainage Board.
      (3)   Review. Each official or agency shall review the application and submit their comments in writing to the Director within ten days.
      (4)   Report. The Director shall then prepare a report to the Advisory Plan Commission, setting forth his findings and those of the above review agencies in regard to the proposed amendment.
(1985 Code, § 36-7-4-600(10.9))
§ 153.180 COMMITMENTS.
   (A)   General. A written commitment by the owner of a parcel of property concerning the use or development of the said parcel may be required or permitted as a condition to approval of procedures as follows.
   (B)   Amendments.
      (1)   This section shall apply only to a development plan as a requirement for an amendment to the zoning maps incorporated herein this chapter, pursuant to state law.
      (2)   The Plan Commission may permit or require the owner of a parcel of property to make a written commitment concerning the proposed use or development of that parcel.
         (a)   The commitment shall be submitted and approved prior to a recommendation being certified to a participating jurisdiction of an amendment.
         (b)   The commitment shall be in a form satisfactory to the Director and to the attorney of the appropriate participating jurisdiction.
         (c)   The commitment shall be recorded by the owner in the office of the County Recorder prior to adoption of the amendment ordinance by the participating jurisdiction. The commitment shall take effect upon the adoption of the amendment to the ordinance.
         (d)   Unless modified or terminated by the Commission, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the parcel.
         (e)   The commitment may be modified or terminated by the Commission only after a public hearing following public notice to the appropriate participating jurisdiction and to adjacent property owners as provided in the Commission’s adopted rules and procedures.
         (f)   This section does not affect the validity of any covenant, easement, equitable servitude, or other land use restriction created in accordance with law.
   (C)   Special exceptions and variances.
      (1)   This section shall apply only to a development plan as a requirement for a special exception or variance to this chapter, pursuant to state law.
      (2)   The Board may permit or require the owner of a parcel of property to make a written commitment concerning the proposed use or development of that parcel.
         (a)   The commitment shall be submitted and approved prior to a decision on the special exception or variance.
         (b)   The commitment shall be in a form satisfactory to the Director and to the attorney of the Board.
         (c)   The commitment shall be recorded by the owner in the office of the County Recorder prior to approval of the special exception or variance. The commitment shall take effect upon the approval of the special exception or variance.
         (d)   Unless modified or terminated by the Board, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the parcel.
         (e)   The commitment may be modified or terminated by the Board only after a public hearing and following public notice to the adjacent property owners as provided for petitions in the Board’s adopted rules and procedures.
         (f)   Conditions imposed on the granting of a special exception or variance is not subject to the rules applicable to commitments.
         (g)   This section does not affect the validity of any covenant, easement, equitable servitude, or other land use restriction created in accordance with law.
(1985 Code, § 36-7-4-600(10.10))
§ 153.181 ENFORCEMENT.
   (A)   The Administrator or any person may, by suit in the Circuit or Superior Courts of the county, enjoin the violation of this chapter.
   (B)   The Commission or the Board may, by mandatory injunction in the Circuit or Superior Courts of the county, require the removal of a structure erected in violation of this chapter.
   (C)   A use that violates this chapter shall be treated as if it were a common nuisance and it may be abated in the same manner of such a nuisance or through any other enforcement procedure permitted by statute.
   (D)   The Administrator may issue an order to any person erecting any structure or using any land in violation of this chapter to immediately cease the violation of the provisions of this chapter. Such stop work order shall be in force only until a mandatory injunction is secured as provided in division (B) above.
(1985 Code, § 36-7-4-600(10.4))
§ 153.182 INTERPRETATIONS.
   The Administrator may request that the Board advise the Administrator when a zoning boundary line, use classification, or other requirement of this chapter is unclear or vague. The Administrator shall comply with the Board’s interpretation when such a request is made to the Board. Such interpretations shall apply in all similar and subsequent cases.
(1985 Code, § 36-7-4-600(10.6))
§ 153.999 PENALTY. 
   Any person who violates any provision of this chapter shall be deemed to have committed an ordinance violation and, upon conviction, shall be fined as determined by § 10.99. Each day a violation continues after a legal action has been commenced to abate that nuisance shall constitute a separate violation. No additional notice under this section shall be required to initiate these separate actions once an action has been commenced against the person violating this chapter.
(1985 Code, § 36-7-4-600(10.5))
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