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§ 156.027 PROCEDURE FOR AMENDMENT.
   (A)   (1)   The Plan Commission shall hold a public hearing and after hearing both the proponents and opponents, consider the proposal to determine the need, merit and justification of the proposed amendment.
      (2)   The amendment will also be reviewed as to its relationship to the overall planning program, this chapter and the Comprehensive Plan.
      (3)   A majority vote of the entire membership is required for official action.
   (B)   (1)   The Plan Commission shall then submit its report and recommendation to the Town Council.
      (2)   Such recommendation is advisory only, and shall not be binding on the Town Council.
   (C)   After receiving the Plan Commission recommendation, the Town Council shall schedule a public hearing on the proposed ordinance.
      (1)   In the case of a favorable recommendation from the Plan Commission, a simple majority vote is required to pass the amending ordinance.
      (2)   In the event the recommendation of the Plan Commission is adverse, the amending ordinance shall not be passed, except by an affirmative vote of 75% of the members of the Town Council.
   (D)   Failure of the Town Council to pass such a proposed ordinance by said affirmative vote within 90 days after rejection by the Plan Commission shall constitute rejection of the proposed ordinance. It shall not be reconsidered by the Plan Commission or the Town Council until the expiration of one year after the date of its original rejection by the Plan Commission unless substantial change in the proposal or circumstances can be shown and an exception made to this rule.
(Ord. 9-80, passed 12-15-1980)
ADMINISTRATION AND ENFORCEMENT
§ 156.040 PURPOSE.
   It is the purpose of this subchapter to provide the procedures for the administration of the chapter, issuance of permits, inspection of properties, collection of fees, handling of violators and enforcement of the provisions of this chapter and amendments thereto.
(Ord. 9-80, passed 12-15-1980)
§ 156.041 BUILDING OFFICIAL; PERMITS AND CERTIFICATES.
   The designated Building Official of the Town and such deputies or assistants that have been, or shall be duly appointed by the Town shall enforce this chapter and, in addition thereto, shall:
   (A)   Issue all building permits, certificates of occupancy and certificates of zoning clearance and maintain records thereof;
   (B)   Conduct inspections of buildings, structures and uses of land to determine compliance with the terms of this chapter;
   (C)   Review all applications for building permits and approve or disapprove such applications based on compliance with the provisions of this chapter and other applicable, codes of the Town;
   (D)   Building permits:
      (1)   No building shall be hereafter erected, reconstructed altered or razed, nor shall any work be started until a building permit shall have been applied for in writing and issued by the Building Official. No building permit shall be issued unless the application and attached plot or site plan is in conformity with the provisions of this chapter and all amendments hereto. If the permit is denied, reasons for the denial shall be provided the applicant.
      (2)   Unless construction is started within six months after the date of issuance of a building permit, the permit shall automatically become void and fees forfeited. Fees for inspection and issuance of permits and certificates shall be collected in advance of issuance.
      (3)   The Building Official shall require that all applications for building permits be accompanied by plans and specifications including a plot plan, drawn to scale.
         (a)   Applications for single-family and two-family dwellings and their accessory buildings shall be accompanied by a plot plan showing the following:
            1.   Dimensions of all property lines; legal description;
            2.   Size and location of the structure(s) for which a permit is being requested and in addition the location of any existing structure(s) on the property;
            3.   Dimensions from all property lines to the furthermost projection of the structure and if applicable the distance between structures;
            4.   Location of required off-street parking spaces;
            5.   Provisions for water supply and sanitary sewerage, either public or private; and
            6.   A building permit shall be issued by the Building Official if all provisions of this chapter and all other regulations and codes of the Town have been satisfied.
         (b)   Applications for a building permit for all other new structures, multi-family residential, commercial or industrial and applications for addition permits which in the determination of the Building Official are considered to be of a substantial or significant nature, shall not be issued until final site approval has been given by the Plan Commission. The scaled site plan shall include the following information:
            1.   Graphic indication of all property lines; scale of the plan; location of proposed and existing buildings; dimensions from the property lines and dimensions between buildings;
            2.   Location of required parking and number of spaces being provided; type of surface of parking area; method of handling surface water and calculations for surface water retention:
               a.   Drywells (30 gallons per 100 square feet of paved and/or roofed area);
               b.   Retention pond (capacity, depth, size);
               c.   Swales and natural absorption area; and/or
               d.   A combination of any of the above.
            3.   Provisions for water supply and sewerage, either public or private;
            4.   Width of street driving surface and width of right-of-way;
            5.   Location of ingress and egress drives;
            6.   Name, address and telephone number of person responsible for submitting site plan; and
            7.   In addition to the above the Plan Commission may request the following information be added to the site plan:
               a.   Calculation of intensity or density of use;
               b.   Indication of landscaping, grassed areas, screening provisions;
               c.   Provisions for acceleration and deceleration lanes and/or passing blister;
               d.   Proposed dedication of additional right-of-way;
               e.   Traffic pattern;
               f.   Development staging plan, if applicable;
               g.   Topographical features of the land; and
               h.   Any other information considered pertinent in the evaluation of the proposed development.
         (c)   After said Plan Commission approval, the Building Official shall issue the building permit if all provisions, regulations and codes of the Town have been satisfied.
      (4)   A record of all building permits, plot plans, approved site plans, certificates of occupancy and application for same shall be kept on file.
   (E)   Occupancy permits:
      (1)   No land shall be occupied or used and no building hereafter erected, reconstructed or structurally altered shall be used, in whole or in part, for any purpose whatsoever, until a certificate of occupancy shall have been issued by the Building Official stating that the building and use comply with all provisions of this chapter and with all other applicable codes of the Town.
      (2)   A certificate of occupancy may be applied for coincidentally with the application for a building permit and shall be issued upon satisfactory completion of the improvement.
      (3)   A record of all certificates of occupancy shall be kept on file in the office of the Building Official.
   (F)   There shall be no change made in the use of a building or land without a certificate of zoning clearance being first issued by the Building Official. A zoning clearance shall not take the place of a certificate of occupancy as required by this chapter.
(Ord. 9-80, passed 12-15-1980)
§ 156.042 PLAN COMMISSION.
   (A)   The Plan Commission referred to in this chapter is the Town Plan Commission as duly created by the Town Council by Ord. 5-1976, dated 10-4-1976, under I.C. 36-7-4.
   (B)   The Plan Commission shall serve in an advisory capacity to boards and officials to encourage local units of government to support the improvement of health, safety, convenience and the general welfare of the citizens and to plan for the future development of their community.
   (C)   The Plan Commission is hereby invested with the following jurisdiction:
      (1)   To hold public hearings in matters pertaining to petitions for rezonings, annexations, special use permits and vacations, and to submit reports to the Town Council setting forth its recommendations. Recommendations may concern adoption of the Comprehensive Plan, ordinances, amendments and other matters within the jurisdiction of the Commission authorized by the advisory planning laws of the state;
      (2)   Render decisions concerning and approve:
         (a)   Subdivision plats or replats of subdivisions; and
         (b)   Approve development plans for residential, commercial and industrial uses.
      (3)   Prescribe uniform rules of procedure pertaining to petitions, hearings and the issuance of permits; and
      (4)   Review periodically the effectiveness of this chapter and initiate amendments or make recommendations in conjunction herewith.
   (D)   A majority of the members shall constitute a quorum. No action shall be official, however, unless authorized by a majority of the Commission.
(Ord. 9-80, passed 12-15-1980)
§ 156.043 BOARD OF ZONING APPEALS.
   (A)   Establishment. A Board of Zoning Appeals is hereby established in accordance with I.C. 36-7-4-900 et seq. of the Acts of the Indiana General Assembly and all acts now or hereafter amendatory thereto.
   (B)   Membership.
      (1)   The Board of Zoning Appeals shall consist of five members appointed by the Town Council.
         (a)   All members must be residents of the Town and two members must be members of the Plan Commission.
         (b)   None of the members of the Board of Zoning Appeals may hold other elective or appointive office in the municipal government.
         (c)   Upon establishment of a Board of Zoning Appeals, the members shall initially 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;
            4.   Two for a term of four years.
      (2)   Each term expires on January 1 of the first, second, third or fourth year, respectively, after the year of the members appointment.
      (3)   When an initial term of office expires, each new appointment is for a term of four years.
      (4)   If a vacancy occurs, by resignation or otherwise, among the members of the Board of Zoning Appeals, the Town Council shall appoint a member for the unexpired term.
   (C)   Conflict of interest. A member of a Board of Zoning Appeals may not participate in a hearing or decision of that Board concerning a zoning matter in which he has a direct or indirect financial interest. The Board shall enter into its records the fact that its member has such a disqualification and the remaining members of the Board shall appoint an elector to participate as a member in the hearing or decision concerning that zoning matter. (As used in this section, “zoning matter” does not include the preparation or enactment of a comprehensive plan.)
   (D)   Quorum; official action.
      (1)   A quorum consists of a majority of the entire membership of the Board of Zoning Appeals.
      (2)   Action of the Board of Zoning Appeals is not official unless it is authorized by a majority of the entire membership of the Board.
   (E)   Organization. At the first meeting of each year, the Board of Zoning Appeals shall elect a Chairperson and Vice Chairperson from its members. The Vice Chairperson may act as Chairperson during the absence or disability of the Chairperson.
   (F)   Secretary and employees. The Board of Zoning Appeals may appoint and fix the compensation of a Secretary and such other employees as are necessary for the discharge of its duties. This compensation must be in conformity with salaries and compensation fixed by the legislative body of the municipality.
   (G)   Minutes. The Board of Zoning Appeals shall keep minutes of its proceedings and records shall be filed in the office of the Board and are public records. The Board shall keep records of its examinations and other official actions.
   (H)   Rules. The Board of Zoning Appeals shall adopt such rules concerning the filing of appeals, the application for variances and exceptions, the giving of notice and the conduct of hearings.
   (I)   Duties and powers. The Board of Zoning Appeals shall:
      (1)   Hear and determine appeals from and review any order, requirement, decision or determination made by an administrative official or board charged with the enforcement of a zoning ordinance;
      (2)   Hear and authorize on appeal, in specific cases, such variance from the terms of the ordinance as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the zoning ordinance will result in undue hardship, and so that the spirit of the zoning ordinance, shall be observed and substantial justice done;
      (3)   The Board of Zoning Appeals may, on appeals, reverse, affirm or modify the order, requirement decision or determination. The Board has all the powers of the official or board from whom the appeal is taken; and
      (4)   The Board of Zoning Appeals may not grant a variance from a use district or classification.
   (J)   Procedures. All procedures followed by the Board of Zoning Appeals shall be as outlined in I.C. 18-7-4-901 through 18-7-4-920 of the Acts of the General Assembly.
   (K)   Remedies and enforcement. Each decision of the Board of Zoning Appeals is subject to review by certiorari. Each person aggrieved by a decision of the Board of Zoning Appeals may present, to the circuit or superior court of the county in which the premises affected are located, a petition, duly verified, setting forth that the decision is illegal in whole or in part and specifying the ground of the illegality. No change of venue from the county in which the premises affected are located may be had in any cause arising under this section.
(Ord. 9-80, passed 12-15-1980)
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