§ 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))

APPENDIX A: AUTHORIZED USES

X   =   Permitted Use

P   =   May be permitted in a PUD in the designated overlay district after hearing

S   =   Special exception (See §§ 153.135 et seq. for special requirements)

Primary Use

AG

RS

R1

R2

R3

R4

R5

PB

AB

LB

CB

CC

GB

SC

I1

I

I3

AZ

MH

PC

PI

PR

Miscellaneous Repair Services

Electrical repair shop

X

X

X

X

P

P

P

Reupholstery & furniture repair

X

X

P

P

P

Watch & jewelry repair

X

X

X

X

X

P

P

P

Other SIC 76 uses

X

X

P

P

P

Miscellaneous Services

Advertising agencies

X

X

X

X

X

P

P

P

Advertising structures

X

X

X

X

X

X

P

P

P

Blueprinting & photocopying

S

X

X

X

P

P

P

Commercial testing laboratories

S

X

X

X

X

X

P

P

P

Computer programming services

X

X

X

X

X

X

X

P

P

P

Consumer credit, adjustment & collection agencies

S

X

X

X

X

P

P

P

Detective agencies & protective services

S

X

X

X

P

P

P

Direct mail advertising services

X

X

X

X

P

P

P

Disinfecting & exterminating services

X

X

X

X

P

P

P

General office building

S

X

X

X

P

P

P

Private employment agencies

S

X

X

X

X

P

P

P

Signs

X

X

X

X

X

X

X

X

X

X

X

X

S

X

P

P

P

Stenographic or telephone answering and/or paging service offices

X

X

X

X

P

P

P

Temporary help supply services

S

X

X

X

P

P

P

Other uses - SIC 73, 8999

S

X

X

X

P

P

P

Machine shops

S

X

X

P

P

P

Manufacturing, storage or use of explosives

S

X

X

P

Material storage (open)

S

X

X

P

Petroleum tank farm (commercial)

S

S

X

P

P

Truck freight terminal SIC 421

X

X

X

P

P

P

Warehouse (grain storage facilities)

S

S

S

X

X

P

P

P

Warehouse (storage)

X

S

X

X

X

P

P

P

Welding shops

S

X

X

P

P

P

Wholesale business

X

X

S

X

X

P

P

P

Temporary concrete & asphalt batching plants

S

S

S

X

X

P

Wholesale produce terminal

S

S

X

X

P

P

P

Other uses SIC Div. C &D; SIC 20-39

S

S

S

X

X

P

P

P

Legal Services

Attorney or counsel-at- law

X

X

X

X

X

X

P

P

P

Miscellaneous Personal Services

Accounting, auditing and bookkeeping services

X

X

X

X

X

X

P

P

P

Engineering and architectural services

X

X

X

X

X

X

P

P

P

Real estate services

X

X

X

X

X

X

P

P

P

Other similar uses SIC 87; SIC 65; SIC 8748

S

X

X

X

X

X

P

P

P

Medical Services

Blood banks

X

X

P

P

P

Clinics

S

X

X

X

P

P

P

Convalescent homes

X

X

X

P

P

P

Hospitals

X

X

X

P

P

P

Medical & dental laboratories

X

X

X

X

X

P

P

P

Medical & dental offices

X

X

X

X

X

X

P

P

P

Nursing home

X

X

X

X

P

P

P

Optometrists office and/or laboratories

X

X

X

X

X

P

P

P

Other similar uses SIC 80

X

X

X

P

P

P

Retail Trade; Apparel and Accessory Stores

Apparel shop

X

X

X

X

X

P

P

P

Children’s & infant’s wear

X

X

X

X

X

P

P

P

Custom tailors

X

X

X

X

X

P

P

P

Family clothing

X

X

X

X

X

P

P

P

Furrier & fur shops

X

X

X

X

X

P

P

P

Men’s & boy’s clothing furnishings

X

X

X

X

X

P

P

P

Shoes

X

X

X

X

X

P

P

P

Women’s accessories & specialties

X

X

X

X

X

P

P

P

Other similar uses SIC 56; Div G

X

X

X

X

X

P

P

P

Retail Trade; Eating and Drinking Establishments

Cafeteria

X

X

X

X

X

X

P

P

P

Carry out restaurant

X

X

S

X

S

P

P

P

Dinner theater

X

S

X

X

P

P

P

Drive in restaurant

X

S

S

X

X

P

P

P

Lunch room

X

X

X

X

X

X

P

P

P

Night club

X

X

X

S

P

P

P

Restaurant

X

X

X

X

X

X

P

P

Tavern

X

X

X

X

S

P

P

Other similar uses SIC 58

X

X

X

P

P

P

Retail Trade – Food Stores

Candy, nut and confectionary

X

X

X

X

X

P

P

P

Dairy products

X

X

X

X

P

P

P

Delicatessen

X

X

X

X

X

P

P

P

Fruits & vegetables

X

X

X

P

P

P

Grocery

X

X

X

X

P

P

P

Health foods

X

X

X

X

X

P

P

P

Ice cream

X

X

X

X

X

P

P

P

Live poultry sales

X

P

P

P

Meat & fish

X

X

X

P

P

P

Retail bakeries baking & selling selling only

S X

X X

X X

P P

P P

P P

Supermarket

X

X

X

P

P

P

Other similar use SIC 54

X

X

X

P

P

P

Retail Trade: Furniture, Home Furnishings & Equipment Stores

China, glassware & metalware

X

X

X

X

P

P

P

Drapery, curtain & upholstery

X

X

X

P

P

P

Floor coverings

X

X

X

P

P

P

Furniture

X

X

X

X

P

P

P

Furniture & appliance rental

X

X

X

X

P

P

P

Household appliances

X

X

X

X

X

P

P

P

Music & record

X

X

X

X

X

P

P

P

Radio & television shop

X

X

X

X

X

P

P

P

Other similar uses SIC 57

X

X

S

P

P

P

Retail Trade: General Merchandise

Department store

X

X

X

X

P

P

P

Electrical supply store

X

X

X

X

P

P

P

General merchandise store

X

X

X

X

P

P

P

Hardware store

X

X

X

X

P

P

P

Lumber & building materials dealers

X

X

X

X

X

P

P

P

Mobile home dealers

X

X

P

P

Paint, glass & wallpaper stores

X

X

X

X

P

P

P

Plumbing, heating & air conditioning dealers

S

X

X

X

P

P

P

Variety stores

X

X

X

X

X

P

P

P

Other similar uses SIC 52-53

S

S

S

P

P

P

Retail Trade: Miscellaneous Retail Stores

Antique & secondhand stores

X

X

P

P

P

Bait sales

S

X

X

P

P

P

Bicycle shops

X

X

X

P

P

P

Boat sales

X

P

P

P

Book & stationary stores

X

X

X

X

X

P

P

P

Camera & photographic supply stores

X

X

X

X

X

P

P

P

Cigar stores

X

X

X

X

X

P

P

P

Drug & proprietary stores

X

X

X

X

X

P

P

P

Farm & garden supply

S

X

X

X

P

P

P

Florists

X

X

X

X

X

P

P

P

Gift, novelty & souvenir shops

X

X

X

X

X

X

P

P

P

Hobby, toy & game shops

X

X

X

X

X

P

P

P

Jewelry store

X

X

X

X

X

P

P

P

Liquor store

X

X

X

X

X

P

P

P

Monument sales

X

X

P

P

P

News dealers

X

X

X

X

X

X

P

P

P

Pet shop

X

X

X

X

X

P

P

P

Sporting goods

X

X

X

X

X

X

P

P

P

Studio business

X

X

X

X

X

P

P

P

Trading stamp store

X

X

X

X

X

P

P

P

Other similar uses SIC 59

X

X

X

X

X

P

P

P

Convenience store with gasoline sales

X

X

X

X

X

P

P

P

Convenience store without gasoline sales

X

X

X

X

P

P

P

Transportation, Communications & Utilities (SIC Div. E)

Airport or heliport

S

X

P

P

Microwave towers

X

S

S

S

S

S

S

S

X

X

X

S

X

X

S

X

X

P

P

Miscellaneous transport services SIC 47

X

X

P

P

P

Passenger transportation services; travel & tour agents; SIC 472

X

X

X

P

P

P

Public or commercial sanitary landfill or garbage disposal plant

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

Public water wells, water stations, filtration plants, reservoirs & storage tanks

X

S

S

S

S

S

S

S

S

S

S

S

S

S

X

X

X

S

P

P

P

Radio or television station or studio

X

X

X

X

X

S

P

P

P

Radio-TV transmitting towers

X

S

S

S

S

S

S

S

X

X

X

S

X

X

S

X

X

P

P

P

Railroads/R.O.W. & necessary uses

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

P

P

P

Railroad or motor bus station

X

X

X

X

X

P

P

P

Solid waste transfer station

S

X

X

Taxi office/limousine services

X

X

X

X

X

P

P

P

Telegraph office/telephone

X

X

X

X

P

P

P

Telephone exchange or public utility substations

X

X

S

S

X

X

X

S

S

S

X

X

X

S

X

X

X

S

P

P

P

Transmission lines for gas, oil, electricity or other utilities

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

S

X

P

P

P

Other uses - SIC Div. E

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

P

P

P

Uses Not Elsewhere Classified

Cemetery or crematory

X

X

S

X

X

P

P

P

Home professional office

X

X

X

X

P

P

P

Hotel or motel (SIC 70)

X

X

X

X

S

P

P

P

Lake, artificial or 3+ acres

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

P

P

P

Locker, cold storage for individual use

X

X

X

X

P

P

P

Mineral extraction, burrow pit, topsoil removal & their storage areas

S

S

S

X

Mini-warehouses

X

X

X

X

P

P

P

Mobile home park

X

Newspaper publishing

X

X

X

X

X

X

P

P

P

Shopping center

X

X

P

P

P

Oil drilling & wells

X

S

S

S

X

P

P

Petroleum extraction yards & storage

S

S

S

P

P

Central Core Only - Other Personal Services

Other similar uses SIC 72

X

X

S

X

X

P

P

P

 

(1985 Code, § 36-7-4-600(Table 1)) (Am. Ord. 27-1975, passed 2-18-1976; Am. Ord. 27-1979, passed 11-21-1979; Am. Ord. 44-1981, passed 1-8-1982; Am. Ord. 2-1983, passed 2-2-1983; Am. Ord. 15-1985, passed 7-3-1985; Am. Ord. 05-2005, passed - - )