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§ 155.065 ADMINISTRATIVE RESPONSIBILITY.
   (A)   The Planning Director is hereby designated and authorized to enforce this zoning chapter and receive applications, issue permits and furnish the required certificates. The Planning Director will inspect sites and structures for compliance with applicable provisions of the law under the authority of this chapter.
   (B)   (1)   The Plan Director shall keep records of all correspondence, applications, permits, inspections and certificates or notices issued.
      (2)   All papers that relate to buildings that are regulated under this chapter shall be retained on file and will be open for public inspection during regular business hours.
(Ord. passed 7-20-1992)
§ 155.066 IMPROVEMENT LOCATION PERMIT (ILP).
   (A)   An improvement location permit shall be required for any alteration to the condition of the land or structures thereon within the jurisdiction of this chapter. The proposed use shall also meet all other requirements set forth in this chapter and applicable state law prior to issuance of the improvement location permit.
   (B)   A site plan shall be submitted at time of application for an improvement location permit and shall comply with the site plan requirements set forth in § 155.067.
   (C)   No improvement location permit shall be issued unless the lot for which the improvement location permit is sought is located on a public way or on a recorded ingress/egress.
   (D)   No improvement location permit shall be issued until the appropriate fees have been paid to the Plan Director in accordance with those established in this chapter.
   (E)   Improvement location permits shall expire 12 months after date of issuance if construction has not commenced.
(Ord. passed 7-20-1992; Ord. 1994-6-20-2, passed 6-20-1994)
§ 155.067 SITE PLAN REVIEW.
   (A)   No permit for the construction, exterior alteration, relocation occupancy or change in use of any building or land shall be given and no existing use shall be established or expanded in floor area except in conformity with a site plan approved by the Plan Director, Zoning Administrator or an authorized designee. A site plan review shall also be required for the resumption of any use discontinued for more than one year or for the expansion of any existing use. Required approval includes proposals for commercial, residential, manufacturing, office, multiple dwelling residential developments, municipal, institutional, utility, fraternal or recreational purposes in all zoning districts established under this chapter.
   (B)   A site plan shall include the following elements as determined by the Plan Director in order to properly evaluate a particular project in accordance with the development standards set forth by this chapter and specifically adopted by the Plan Commission:
      (1)   The name and address of the owner, developer, engineer, landscape architect and architect;
      (2)   The location of the project by public way, township and section;
      (3)   The legal description of the property including bearing notations and lengths;
      (4)   The date, scale of map and north arrow;
      (5)   The location, size, capacity and use of all existing and proposed structures and buildings to be placed on the site.
      (6)   The site layout of the project including the location, size, arrangement and capacity of the area to be used for yards, setbacks, buildings, vehicular access, parking and loading and unloading;
      (7)   The existing and proposed sewage, water, gas, electricity and storm drainage facilities;
      (8)   The existing and proposed elevations of the building site with finished floor elevations of all proposed buildings and contours showing directions of stormwater runoff and the limits of any regulated floodplain and floodway;
      (9)   The names and locations of all adjacent public streets including existing and proposed easements for future widening;
      (10)   The location, widths and names of utility or other easements;
      (11)   The layout, names, widths and rights-of-ways of proposed streets;
      (12)   The description and use of adjacent property;
      (13)   The location, dimensions and design of all signage for the project;
      (14)   The location of all lighting for the project;
      (15)   A landscape plan showing all natural land features, trees, forest cover and water sources, and all proposed changes to those features including size and type of plant material and areas devoted to landscaping;
      (16)   The layouts of proposed lots with their numbers and dimensions;
      (17)   Land use density factors; and
      (18)   The outside storage and display area, if allowed.
(Ord. passed 7-20-1992)
§ 155.068 PERMITS AND FEES.
   (A)   The County Plan Commission shall establish a schedule of fees, charges and expenses, and a collection procedure for the administration and enforcement of this chapter. The schedule of fees shall be posted in the Zoning Administrator’s office and may be altered or amended only by the County Commissioners. No action shall be taken on any application or appeal until all fees, charges and expenses have been paid in full.
   (B)   This section hereby establishes the following fees, charges and expenses.
Table D: Fees and Time Tables for Requests for Permits or Hearings Request
Request
Fees
Procedure
Filing Time
Table D: Fees and Time Tables for Requests for Permits or Hearings Request
Request
Fees
Procedure
Filing Time
Improvement location permit
$50
 
 
Like use determination
$35
1 public hearing before the Board of Zoning Appeals (BZA)
Received by the Planning Director/Zoning Admin, office 30 days prior to next regularly scheduled Plan Commission meeting
Sign permit
$50
 
 
Sketch plat
None
1 meeting with the Technical Review Committee
Documentation received in Plan Commission’s office 30 days prior to next regularly scheduled Plan Commission meeting
Special exception/ development standard land use variance
$150
1 public hearing before the Board of Zoning Appeals (BZA)
Received by the Planning Director/Zoning Admin. office 30 days prior to next regularly scheduled BZA meeting
Temporary use or structure
$25
 
 
Zoning petitions (rezoning)
$500/for 2 acres, $25 more for each additional acre
1 public hearing before Plan Commission
Received by the Planning Director/Zoning Admin. office 30 days prior to next regularly scheduled Plan Commission meeting
 
(Ord. passed 7-20-1992; Ord. 2005-7-18, passed 7-18-2005)
ADVISORY PLAN COMMISSION, ADVISORY BOARD OF ZONING APPEALS
AND HEARING OFFICER
§ 155.080 PLAN COMMISSION.
   (A)   Membership.
      (1)   The County Advisory Plan Commission is established in accordance with I.C. 36-7-4-200 et seq. The term “Commission” refers to the County Advisory Plan Commission.
      (2)   The County Advisory Plan Commission shall consist of nine members, as follows:
         (a)   One member appointed by the County Board of Commissioners Executive from its membership;
         (b)   One member appointed by the County Council from its membership;
         (c)   The County Surveyor or a qualified deputy appointed by the Surveyor;
         (d)   The County Agricultural Agent; and
         (e)   Five citizen members, of whom no more than three may be of the same political party, appointed by the County Executive.
      (3)   Each citizen member shall be appointed because of the member’s knowledge and experience in community affairs; the member’s awareness of the social, economic, agricultural and industrial problems of the area; and the member’s interest in the development and integration of the area. A citizen member may not hold other elective or appointive office in the municipal, county or state government, and must be a resident of the jurisdictional area of the Plan Commission.
   (B)   Term.
      (1)   The County Plan Commission was originally established by ordinance on February 8, 1965 and the ordinance provided that citizen members be appointed for the following terms of office:
         (1)   One for a term of one year;
         (2)   One for a term of two years;
         (3)   One for a term of three years; and
         (4)   Two for a term of four years.
      (2)   After the initial term of office of a citizen member expires, each new appointment of a citizen member shall be for a four-year term. If a vacancy occurs among the members of the Commission, the appointing authority shall appoint a member for the unexpired term of the vacating member.
   (C)   Conflict of interest.
      (1)   No member of the Commission shall participate in a hearing or decision of the Commission concerning a matter in which he or she has a direct or indirect financial interest or which for any other reason brought to the attention of the Commission, results in disqualification.
      (2)   The Commission shall enter in its records the fact that a regular member has such a disqualification and the name of the alternate member, if any, who participates in the hearing or decision.
      (3)   Any participating alternative member shall be appointed by the same body which appointed the regular member who has been disqualified.
   (D)   Organization.
      (1)   At the first meeting of each year, the Commission shall elect from its members a President and a Vice President.
      (2)   The Commission may appoint and fix the duties and compensation of a Secretary and those employees necessary for discharge of its duties, all in conformity to and compliance with salaries and compensations fixed by the County Commissioners and state law.
   (E)   Rules of procedure.
      (1)   The Commission shall supervise and make rules for the administration of the affairs of the Commission, and prescribe uniform rules pertaining to investigations and hearings.
      (2)   All meetings of the Commission shall be open to the public.
      (3)   The Commission shall keep minutes of its proceedings, keep records of its examinations and other official actions, prepare written findings of fact and record the vote, disqualification, abstention or failure to vote of each member upon each question.
      (4)   All minutes and records shall be filed in the office of the Commission and shall be a public record.
   (F)   Powers and duties.
      (1)   The Commission shall make recommendations to the County Commissioners concerning the adoption of the Comprehensive Plan, zoning regulations and amendments; and other matters, within the jurisdiction of the Commission and authorized by the Indiana Advisory Planning Law, being 36-7-4-101.
      (2)   The Commission shall also render decisions concerning subdivisions and PUDs, and approve plats or replats of subdivisions, and planned residential, commercial and industrial developments.
(Ord. passed 7-20-1992)
§ 155.081 BOARD OF ZONING APPEALS.
   (A)   Purpose.
      (1)   The County Advisory Board of Zoning Appeals (BZA) is hereby established in accordance with I.C. 36-7-4-900 et seq. The term “Board” refers to the County Advisory Board of Zoning Appeals.
      (2)   The County Advisory Board of Zoning Appeals shall have exclusive territorial jurisdiction over all matters properly before the Board from the appropriate jurisdictions in the county.
      (3)   The County Advisory Board of Zoning Appeals shall consist of five members.
         (a)   The members shall be initially appointed pursuant to state law to staggered terms:
            1.   One member for a three-year term;
            2.   Two members for a two-year term; and
            3.   Two members for a one-year term.
         (b)   Each member shall serve for a four-year term.
         (c)   Each appointing authority may, at any time, appoint one or more alternate members who shall be available to replace any member who becomes disqualified under state law.
         (d)   The terms of these members shall expire on December 31 of the last year of their designated term.
   (B)   Terms. The members of the County Advisory Board of Zoning Appeals shall be initially appointed and serve for the following primary terms.
      (1)   The Board of County Commissioners shall appoint a citizen member of the County Plan Commission who shall serve a term of one year.
      (2)   The Board of County Commissioners shall appoint a citizen member (not a member of the County Plan Commission) who shall serve a term of two years.
      (3)   The County Plan Commission shall appoint a citizen member from its own membership who shall serve a term of three years.
      (4)   The County Council shall appoint a citizen member (not a member of the County Plan Commission) who shall serve a term of four years.
      (5)   The Board of County Commissioners shall appoint a citizen member (not a member of the County Plan Commission) who shall serve a term of four years.
   (C)   Organization.
      (1)   At the first meeting of each year the Board shall elect a Chairperson and a Vice Chairperson from among its members.
      (2)   The Board may appoint and fix the compensation of a Secretary and those employees necessary for the discharge of its duties, all in conformity to and compliance with salaries and compensations fixed by the County Council and state law.
   (D)   Rules of procedure.
      (1)   The Board shall adopt rules concerning the filing of appeals, applications for variances and special exceptions, the giving of notice, the conduct of hearings, and other matters as required by state law or as deemed necessary or desirable by the Board.
      (2)   All meetings of the Board shall be open to the public.
      (3)   The Board shall keep minutes of its proceedings, keep records of its examinations and other official actions, prepare written findings of fact and record the vote, disqualification, abstention or failure to vote of each member upon each question.
      (4)   All minutes and records shall be filed in the office of the Board and shall be a public record.
   (E)   Findings and decisions. All decisions of the Board on all matters within its jurisdiction and authority shall be in writing supported by specific written findings of fact on each material element pertaining to the matter under consideration.
   (F)   Appeal to Court. Each decision of the Board is subject to review by certiorari as prescribed by state law.
   (G)   Authority. The Board:
      (1)   Shall hear and determine appeals from and review any order, requirement, decision or determination made by the Plan Director, a staff member or administrative board designated by ordinance other than the Plan Commission, made in the enforcement of the zoning regulations or the issuance of building and occupancy permits under I.C. 36-7;
      (2)   May reverse or affirm, wholly or partly, or may modify any order, requirement, decision or determination appealed from as in its opinion ought to be done in the premises and to that end shall have all the powers vested in the person or board from whom the appeal is taken; and
      (3)   Shall hear and approve or deny all special exceptions as specified in the zoning regulations. A special exception may be approved under this section only upon a written determination as provided in §§ 155.080 through 155.082.
   (H)   Findings of fact; special exception.
      (1)   The Board shall find make written findings of fact and decisions pursuant to and consistent with the criteria below.
      (2)   To grant a special exception, the Board shall find that:
         (a)   The establishment, maintenance or operation of the special exception will not be injurious to the public health, safety or general welfare of the community;
         (b)   The special exception will not affect the use and value of other property in the immediate area in a substantially adverse manner; and
         (c)   The establishment of the special exception will be consistent with the character of the district (particularly that area immediately adjacent to the special exception) and the permitted land uses.
      (3)   The Board may impose conditions as part of its approval to protect the public health and for reasons of safety, comfort and convenience.
   (I)   Findings of fact; variance of development standards. To approve or deny a variance from the development standards of the zoning regulations, the Board may impose reasonable conditions as a part of the Board's approval and shall find that:
      (1)   The approval will not be injurious to the public health, safety 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 regulations would result in practical difficulties in the use of the property.
   (J)   Findings of fact; variance of use. To approve or deny variances of use from the terms of the zoning regulations, the Board shall find:
      (1)   The approval will not be injurious to the public health, safety 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 regulations would 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 County Comprehensive Plan.
   (K)   Modification.
      (1)   To reverse or modify in whole or in part an order, requirement, decision or determination of the Plan Director, staff member or administrative board (other than the Plan Commission), the Board shall find that the Plan Director, staff member or Administrative Board:
         (a)   Improperly interpreted any relevant portion of a law, ordinance or rule;
         (b)   Improperly took administrative action pertaining to a relevant law, ordinance or rule; or
         (c)   Improperly enforced a relevant law, ordinance or rule.
      (2)   The Board may require the owner of a parcel of property to make a written commitment concerning the use of development of that parcel to receive a special exception or a variance from the terms of the zoning regulations. Those commitments shall be recorded in the office of the County Recorder and shall take effect upon the granting of the special exception or variance. A recorded commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the parcel. A commitment may be modified or terminated only by a decision of the Board made at a public hearing after notice as provided by rule.
   (L)   Conflict of interest.
      (1)   No member of the Board shall participate in a hearing or decision of the Board concerning a matter in which he or she has a direct or indirect financial interest or, which for any other reason brought to the attention of the Board, results in disqualification.
      (2)   The Board shall enter in its record the fact that a regular member has such a disqualification and the name of the alternate member, if any, who participates in the hearing or decision.
      (3)   Any participating alternate member shall be appointed by the same body which appointed the regular member who has been disqualified.
   (M)   Communication with Board members.
      (1)   No person shall communicate with any Board member prior to a hearing or decision with the intent to influence the actions of any member of the Board regarding any matter pending before the Board.
      (2)   However, the staff may file a written statement with the Board setting forth facts or its opinions concerning that matter.
(Ord. passed 7-20-1992; Ord. 2019-6-3-1, passed 6-3-2019)
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