Bargersville City Zoning Code
PROCESS AND
ADMINISTRATION
§ 154.180 PROCESS.
(A) General provisions.
(1) Purpose. This chapter outlines the procedure for approvals, permits, administration, and enforcement, as set forth in this chapter.
(2) Application. Application and informational packets may be obtained through the Department and/or online through the town's website.
(3) Fees. A schedule of fees for applications, permits, and other purposes required by this chapter is established by the Town Council and kept in the office of the Administrator. Until all applicable fees, charges and expenses have been paid in full, no final action can be taken on any application or permit. This requirement applies not only to fees due for the specific application or permit, but also to fees and fines owed relative to any previously issued permit or violation of this chapter. Any person initiating construction of a structure before obtaining an improvement location permit or other required permit must pay twice the amount of the current permit fee.
(4) Public meetings. Applications requiring public meetings are filed according to the adopted schedule of meeting and filing dates and subject to the rules of procedure of the applicable hearing body.
(5) Permits and licenses void if in conflict. Any permit or license issued in conflict with the provisions of this chapter are considered null and void from the date of issue.
(B) Administrative determination.
(1) Purpose. The interpretation authority established by this chapter recognizes that the provisions of this chapter, though detailed, cannot address every specific situation to which they may have to be applied. Many such situations can be addressed by an interpretation of the specific provisions of this chapter considering the general and specific purposes for which those provisions have been enacted. The interpretation authority established is an administrative, not legislative, authority. It is not intended to add to or change the essential content of this chapter. It is intended only to allow authoritative application of content to specific cases.
(2) Applicability. Any person having a legal or equitable interest in property that gives rise to the need for an interpretation may file an application for an administrative determination. Interpretations based on hypothetical circumstances or where the interpretation would have no effect other than as an advisory opinion will not be entertained. The Administrator may render interpretations of the provisions of this chapter and of any rule or regulation issued according to it ("administrative interpretation" or "administrative determination") by written order, subject to the procedures, standards, and limitations of this chapter.
(3) Application procedures.
(a) Application. Applications for interpretations of this chapter are filed according to the requirements of this article.
(b) Action on application. Within ten working days of the submission of a completed application, the Administrator provides the applicant a determination in writing, stating the specific precedent, reasons, and analysis upon which the determination is based. Failure of the Administrator to act within ten working days is deemed a decision denying the application.
(c) Records. Records of all applications for determinations are kept on file in the office of the Administrator and may be recorded in the Office of the Johnson County Recorder at the Director's discretion.
(d) Appeal. Appeals of interpretations rendered by the Administrator are made according to division (C).
(4) Decision criteria. The following standards are considered when issuing determinations:
(a) A use will not be permitted in a zoning district unless evidence is presented that demonstrates:
1. The use is consistent with the purpose and intent of the zoning district;
2. The use will comply with the general regulations established for the zoning district; and
3. The use is like other uses permitted in the zoning district and is more similar to those uses than to uses permitted in a more restrictive zoning district.
(b) If a proposed use is most like a use permitted only as a special exception in the zoning district where it is proposed to be located, the use requires special exception approval according to division (H).
(5) Effect of favorable interpretations. A determination permitting a proposed use does not authorize the establishment of a use nor the development, construction, alteration, or moving of any building or structure, but only authorizes the preparation, filing, and processing of applications for any permits and approvals that may be required by this chapter and other town ordinances such as a building permit, a certificate of occupancy, a primary or secondary plats, or site plan approval.
(6) Limitations on interpretations. A determination is limited to the circumstance for which it was issued. It does not authorize any allegedly similar circumstance for which a separate determination is needed, unless otherwise provided for in the determination.
(C) Appeals of administrative decisions.
(1) Application procedures.
(a) Right of appeal. The BZA reviews appeals of any decision, interpretation, or determination made by the Administrator or any other administrative official or board with responsibilities enforcing and interpreting this chapter. The procedures in this article apply to all appeals of administrative decisions, unless otherwise required by local or Indiana law.
(b) Stay of enforcement. If an appeal to an enforcement action is filed according to this article, the Administrator takes no further enforcement action on the matter pending the BZA's decision, except for unsafe circumstances presenting an immediate danger to the public.
(c) Application. The applicant submits an administrative appeal application within 30 days of the decision, interpretation, or determination, along with supporting information, including:
1. Original submittals. Copies of all materials which the decision being appealed was based.
2. Written decisions. Copies of any written decisions that are the subject of the appeal.
3. Appeal basis. A letter describing the reasons for the appeal noting specific sections of this chapter or other applicable standards upon which the appeal is based.
(2) Public notice. Notification for the scheduled public hearing regarding the appeal request must be completed consistent with the schedule of meeting and filing dates and the BZA's Rules of Procedure.
(3) Public hearing. At a regularly scheduled meeting, the BZA reviews the administrative appeal application and supporting information.
(a) Representation. The applicant or applicant's representative must be present at the meeting to present the appeal.
(b) Testimony. At the meeting, the BZA will consider a report from the Administrator and enforcing party, testimony from the applicant, and testimony from witnesses and interested parties.
(c) Procedures. The conduct of the hearing follows the BZA's Rules of Procedure.
(4) Decision criteria. The following standards are considered by the BZA when reviewing appeals of administrative determinations:
(a) A use will not be permitted in a zoning district unless evidence is presented that demonstrates:
1. The use is consistent with the purpose and intent of the zoning district;
2. The use will comply with the general regulations established for the zoning district; and
3. The use is like other uses permitted in the zoning district and is more similar to those uses than to uses permitted in a more restrictive zoning district.
(b) If a proposed use is most like a use permitted only as a special exception in the zoning district where it is proposed to be located, the use requires special exception approval according to division (H).
(5) BZA action. The BZA may affirm, affirm with modifications, reverse, or continue the appeal.
(a) Affirm. If the BZA finds the administrative decision was consistent with the provisions of this chapter, the BZA affirms the determination.
(b) Affirm with modifications. If the BZA determines the proper interpretation is not consistent with the administrative decision nor the interpretation requested by the applicant, the BZA will affirm the determination with modifications.
(c) Reverse. If the BZA finds the administrative decision was inconsistent with the provisions of this chapter, the BZA reverses the determination.
(d) Continuances. The appeal may be continued based on a request by the Administrator or applicant, an indecisive vote, or a determination by the BZA that additional information is required before action is taken on the request. The continuing of applications follows the BZA's Rules of Procedure.
(6) Commitments. The BZA may require the property owner to make written commitments concerning the use or development of the property (see division (D) of this section).
(D) Commitments.
(1) Applicability. An applicant may be required to make a commitment to the Plan Commission, BZA, or Administrator as a condition of approval of a rezoning proposal, a primary plat, a site plan, a plat vacation, special exception, or variance.
(2) Form. Commitments must be in writing, in a recordable form approved by the town, and signed by the owner(s) of the real estate.
(3) Expiration. A commitment may contain terms stating the commitment automatically terminates: (i) if the property's zoning classification is changed; (ii) if the commitment's use is changed; or (iii) otherwise according to the rules of procedure of the Plan Commission or BZA. If not otherwise provided, commitments remain in effect until otherwise modified or terminated per division (6) below.
(4) Recording. The applicant must record the commitments in the Office of the Recorder of Johnson County, Indiana, within 14 days of the approval of the application. The applicant must return a copy of the recorded commitments to the Department within 14 days of recording. New applications for approvals or permits for the property will not be processed until a copy of the recorded commitments is provided to the Department.
(5) Enforcement. The Plan Commission, BZA, town, owners of real estate adjoining the subject real estate, all owners of real estate within the area included in the application who were not applicants for approval, and others specifically designated in the commitments are entitled to enforce the commitments according to I.C. 36-7-4-1015, or as otherwise provided by applicable law.
(6) Modification of commitments. A commitment may be modified or terminated only by a decision of the applicable body to which the commitment was made. The decision is made at a public hearing by the Plan Commission, BZA, or Town Council after notice has been provided according to the Rules of Procedure. The modification or termination of the commitments is not effective until: (i) written in a form approved by the Town Attorney; (ii) approved by the Plan Commission, BZA, or Town Council; (iii) executed by the current property owner of the real estate; and, (iv) recorded in the Office of the Recorder of Johnson County, Indiana. The applicant is responsible for recording the commitments per division (4) above.
(E) Design review process.
(1) Purpose. The purpose of the design review process is to ensure the compatibility of new development or construction with the existing development of the surrounding neighborhood.
(2) Applicability. Unless otherwise waived in writing by the Administrator, the design review process is required as part of the site plan review process for applications located within the Downtown District, within a corridor overlay district, or on an infill site. An infill site is one where the proposed development is located on vacant or underutilized land substantially enclosed by other buildings and developments. An individual single-family detached dwelling unit is exempt from this requirement.
(3) Application procedures. All applications for design review must include the documentation and supporting information set forth in division (G). Other information necessary to support a thorough review of the project may be requested in writing by the Plan Commission or Administrator. Within five business days of the application submittal, the Administrator will inform the applicant if the submittal is complete or if additional information is needed to process the request. The Administrator in writing may waive or relax any of the documentation required which is irrelevant or unnecessary for a thorough review of the development.
(a) Landscape plan. A landscape plan according to § 154.110, is required as part of any site plan and must detail perimeter areas, buffer yards, common areas, entryways, and any other open space as considered appropriate by the Plan Commission or Administrator. Landscape plans for a detailed site plan must be site or lot specific showing compliance with parking area, buffer yard, and on-site or foundation requirements.
(b) Open space and amenity plan. A statement of the nature and extent of all existing and proposed open space and amenities must be provided either on the submitted landscape plan or in writing, along with any necessary explanatory materials or graphics, as part of any site plan.
(e) Building elevations. Drawings of proposed buildings must be filed in connection with the detailed site plan submission. The buildings must be drawn to scale and include the following:
1. Address of the property and graphic scale;
2. Proposed name of the development;
3. Elevations for each building facade (360 degree);
4. Specifications or samples of the type and color of exterior materials to be used for all wall, window, roof, and other architectural features;
5. A separate true color rendering, or other realistic depiction, of the proposed building, including any areas designated for signage;
6. Details of any exterior architectural lighting.
(4) Decision criteria. In addition to the criteria identified in division (G), site plans submitted as part of the design review process are reviewed for compatibility of the proposed development with the surrounding neighborhood on the following requirements:
(a) Massing of the building form;
(b) Building scale;
(c) Location and treatment of entryways, including porch heights;
(d) Surface materials, finishes, and textures;
(e) Size of building footprint;
(f) Eave heights;
(g) Building silhouette;
(h) Spacing between buildings;
(i) Setbacks from Street property lines;
(j) Proportions of windows, bays, doorways, etc.;
(k) Shadow patterns from massing and features; and
(l) Landscaping.
(5) Commitments. The Plan Commission or Administrator may require the property owner to make written commitments concerning the use or development of the property (see division (D)).
(F) Planned unit developments.
(1) Application procedures.
(a) Applicability. These regulations apply to planned unit development (PUD) district proposals and to any proposed amendment to an existing planned unit development that would affect either the text of the PUD ordinance or the ordinance's referenced exhibits.
(b) Required approvals. A planned unit development district requires the following approvals:
1. Ordinance and concept plan (collectively, "PUD Ordinance") (see division (12) below);
2. Site Plan (see division (G));
3. Approval of primary plat and secondary plat, if applicable.
(c) Application process.
1. Sketch plan conference. A sketch plan conference with the Administrator is required before the filing of any PUD application. This conference is held to allow the applicant to discuss characteristics of the development in relation to adopted town policies. The conference allows the Administrator to review PUD procedures, development standards, and policies with the applicant. A draft of the proposed PUD Ordinance is required for the sketch plan conference. The applicant is encouraged to incorporate the Administrator's comments into the proposal prior to filing the application. The sketch plan conference is intended only for discussion purposes; neither the applicant nor the Plan Commission is bound by any decision made during the conference.
2. Who may file. Applications may be filed by a petition signed by the property owners of the real estate involved in the petition, or the property owner's authorized agent. If an authorized agent, then a consent form signed by the property owner must accompany the application.
3. Filing deadline. Applications must be filed according to the schedule of meeting and filing deadlines.
4. Forms of filing. An applicant submits a completed application to the Administrator on forms provided by the Department with documentation and required supporting information in the format specified by the Department. The Administrator establishes the number of copies of complete applications and supporting documentation required to be filed.
5. Docketing by Administrator. Within five business days of the application submittal, the Administrator will inform the applicant if the submittal is complete or if additional information is needed to process the request. Applications determined to be in proper form according to the guidelines established must be numbered and docketed by the Administrator.
6. Neighbor meeting. Applicants requesting approval of a PUD Ordinance and any amendments, are encouraged to host a neighbors' meeting and submit a written report to the Administrator summarizing the meeting prior to the Plan Commission public hearing. Applicants must invite to the neighbor meeting at least the interested parties required to receive mailed notice of the Plan Commission public hearing.
(2) Public notice. Notification for the public hearing must be completed consistent with the requirements of the Plan Commission's Rules of Procedure.
(3) Plan Commission public hearing. At a public hearing, the Plan Commission reviews the application and supporting information.
(a) Representation. The applicant and/or any representative of the applicant must be present at the public hearing to present the application and address any Plan Commission questions.
(b) Testimony. The Plan Commission considers a report from the Administrator and testimony from the applicant, remonstrators, the public, and interested parties at the hearing.
(c) Procedures. The conduct of the public hearing follows the requirements of the Plan Commission's Rules and Procedure.
(4) Decision criteria. In reviewing the PUD application, the Plan Commission and Town Council consider the extent to which the proposed PUD:
(a) Meets the requirements, standards and stated purpose of the PUD regulations;
(b) Departs from the zoning and subdivision regulations applicable to the property and why such departures are in the public interest;
(c) Meets the purposes of the Comprehensive Plan and other policies and objectives of the town;
(d) Provides public services, manages circulation and traffic, establishes common open space, and enhances the community as a whole;
(e) Is compatible with adjacent properties and does not diminish their value;
(f) Enhances the physical development, tax base, and economic well-being of the town;
(g) Preserves ecological, natural, historical, architectural, and human-made resources to the extent possible; and
(h) Reflects responsible development and growth and will not damage the public health, safety, and general welfare.
(5) Plan Commission action. Following the public hearing, the Plan Commission may either forward the application to the Town Council with a favorable recommendation, an unfavorable recommendation, or no recommendation according to Indiana Code; or continue the request to a subsequent Plan Commission meeting. The application may be continued by the Plan Commission based on a request by the Administrator, applicant, remonstrator, or interested party; an indecisive vote, or a determination by the Plan Commission that additional information is required prior to acting on the request. The continuing of applications and any potential additional legal notice must be consistent with the Plan Commission's Rules and Procedure.
(6) Commitments. The Plan Commission may require the property owner to make written commitments concerning the use or development of the property (see division (D)).
(7) Certification. The Plan Commission certifies its recommendation to the Town Council according to Indiana Code. The Administrator forwards the Plan Commission certification, the application and supporting information, any Department reports regarding the application, and an ordinance to the Town Council for consideration.
(8) Town Council action. The Town Council reviews the rezoning application and materials forwarded from the Plan Commission and may either approve or deny the ordinance. If the Town Council fails to act within 90 days of the Plan Commission's certification, and the applicant has not otherwise withdrawn the request or requested additional consideration by the Plan Commission, the rezone ordinance becomes effective or be defeated with the provisions of I.C. 36-7-4-608. The Town Council may also seek modifications or additions to any written commitments permitted by this chapter.
(9) Effect of approvals of PUD Ordinance. A PUD Ordinance becomes effective after its approval by the Town Council and is recorded by the town in the Office of the Recorder of Johnson County, Indiana. The Zoning Map is amended accordingly. The use and development of the property are then governed by the PUD ordinance, subject to review and approval of subsequent permits and approvals as required by this section and chapter, and any other regulatory processes which may be required prior to beginning construction within the PUD.
(10) Site plan approval. Site plan approval, as set forth in division (G), is required for all PUDs. Site plans must conform to the approved PUD ordinance and this chapter. An application for site plan approval must be filed within 18 months of PUD ordinance approval. If needed, applicants may seek a time extension of up to 18 months from the Town Council.
(11) Permits. No permit of any kind will be issued within a PUD except according to the approved site plan, and after acceptance by the town of all required guarantees for improvements according to this chapter.
(12) PUD Ordinance requirements. PUD Ordinances and supporting data must include the following documentation. The Administrator in writing may waive or relax any of the requirements listed which are irrelevant or unnecessary for a thorough review of the development.
(a) PUD Ordinance. The PUD Ordinance must follow a standard format adopted by the town for PUD ordinances.
(b) Concept plan. A drawing of the PUD ("concept plan") must be included at a scale at least one inch equals 100 feet, or at a scale the Administrator considers appropriate.
1. General concepts. The concept plan must show in general terms the following: major circulation; location and dimensions of buildings, structures, and parking facilities; open space areas; recreation facilities; and other details indicating the character of the proposed development.
2. Detailed concepts. The concept plan must include in detailed terms the following:
a. A site location map showing the project location and other development projects in the vicinity;
b. The name of the development, with the words "concept plan";
c. Boundary lines and acreage of each land use component;
d. Existing easements, including location, width, and purpose;
e. Existing land use on abutting properties;
f. Other conditions on the site and adjoining land: topography (at two-foot contours) including any embankments or retaining walls; use and location of buildings, railroads, power lines, towers, and other influences; name of any adjoining subdivision;
g. Existing streets on and adjacent to the tract, including street name, right-of-way width, walks, pathways and bridges and other drainage structures;
h. Proposed public improvements: collector and arterial streets and other major improvements planned by the public for future construction on or adjacent to the tract;
i. Existing utilities on the tract;
j. Any land on the tract within the floodway and floodway fringe as shown on the Flood Insurance Rate Maps;
k. Other conditions on the tract, including water courses, wetlands, sinkholes, wooded areas, existing structures, and other significant features such as significant isolated trees;
l. Existing vegetation to be preserved and the locations, nature, and purpose of proposed landscaping;
m. Map data such as north point, graphic scale, and date of preparation.
(c) Written statement of character. A written statement of character of the PUD must provide an explanation of the character of the PUD and the reasons why it has been planned to take advantage of the flexibility of these regulations. The written statement must include:
1. A specific explanation of how the proposed PUD meets the objectives of all adopted land use policies affecting the land in question;
2. Development phasing indicating building phases, including the area, density, use, public facilities, and open space to be developed with each phase, and projected dates for beginning and completion of each phase. Each phase must be described and mapped;
3. General details of the proposed uses:
a. Residential uses must indicate gross area, architectural concepts (narrative, sketch, or representative photo), and number of dwelling units for each residential component;
b. Nonresidential uses must indicate specific nonresidential uses, including gross areas, architectural concepts (narrative, sketch, or representative photo), and building heights.
4. Preliminary feasibility reports for the infrastructure and facilities, including:
a. Streets;
b. Street lighting;
c. Sidewalks and pathways;
d. Sanitary sewers;
e. Water supply system;
f. Other utilities;
g. Storm water management;
h. Schools.
(d) Development amenities and open space. The PUD ordinance must include a statement of recreational amenities and open space. Such statements must designate and convey active and/or passive recreational areas according to the following:
1. Recreational amenities and open space must be allocated to the property in proportion to the uses assigned in the PUD and be located within reasonable walking distance to those uses; however, when preserving existing features, the recreational amenities do not need to be in proximity to the use.
2. If the PUD ordinance provides for development in stages, then amenities and open space must be provided in each stage in proportion to that stage, unless otherwise indicated and approved in the PUD ordinance.
3. Amenities must be conveyed in one of the following forms:
a. To a municipal or public corporation;
b. To a not-for-profit corporation or entity established to benefit the owners and tenants of the PUD. All conveyances must be structured to ensure the grantee has the obligation and the right to effect maintenance and improvement of the amenities and the duty of maintenance and improvement is enforced by the owners and tenants of the PUD; or
c. To owners other than those specified in divisions a. and b. above, and subject to restrictive covenants describing and guaranteeing the amenities, its maintenance and improvement, running with the land for the benefit of residents of the PUD or adjoining property owners or the community.
(e) Traffic impact study. A traffic impact study may be required at the discretion of the Administrator, the Plan Commission, or Town Council. If a traffic impact study is required, it must be prepared by a registered professional engineer and must evaluate the impact of present and future traffic generated by the proposed development on the adjacent roadway system. Prior to beginning the study, an applicant meets with the Administrator to determine the appropriate scope for the study.
(f) Additional materials. The Administrator informs the applicant in writing of any additional information, documents, or data necessary to support a thorough review of the proposed development.
(13) PUD ordinance amendments.
(a) Changes requiring an amendment to a PUD ordinance include altering the concept or intent of the initial PUD, as determined by the Administrator, which include:
1. Increases in density or intensity;
2. Changes in the proportion or allocation of land uses;
3. Changes in the list of approved uses;
4. Changes in the locations of uses outside of the parameters set forth by the PUD ordinance;
5. Changes in functional uses of open space constituting an intensification of use of the open space;
6. Changes in the final governing agreements which conflict with the concept plan approval.
(b) The procedure for amending an approved PUD ordinance ("text amendment") is the same as the procedure for the adoption of the initial PUD ordinance.
(G) Site plan review.
(1) Purpose. The site plan review requirements provide a consistent and uniform method for reviewing proposed site plans to ensure compliance with the standards of this chapter, other applicable ordinances, standard engineering practices, and state and federal laws. The procedures of this subchapter are further intended to:
(a) Achieve efficient use of land;
(b) Protect natural resources on the site and in the vicinity of the site;
(c) Minimize adverse impacts on nearby properties; and
(d) Encourage cooperation between the town and applicant to advance the town's land use objectives.
(2) Applicability. Applications for improvement location permits must contain a site plan and other information required for a complete and thorough review of the application. Within five business days of the application submittal, the Administrator will inform the applicant if the submittal is complete or if additional information is needed to process the request. The level of review depends upon the scope and scale of the proposed project.
(a) Level A site plans are reviewed by the Administrator and include:
1. Single-family detached dwellings;
2. Single-family attached dwellings;
3. Multi-family attached dwellings up to six units per building;
4. Manufactured or mobile homes;
5. Residential building additions;
6. Detached residential accessory buildings 200 square feet or larger;
7. Garages or carports;
8. Conversion of occupancy classification per State Building Code;
9. Parking lots up to ten spaces;
10. Exterior alterations to structures;
11. Signs;
12. Swimming pools;
13. Awnings;
14. Nonresidential building additions up to 2,000 square feet;
15. Nonresidential accessory buildings and structures;
16. New nonresidential principal buildings and developments;
17. Non-residential building additions greater than 2,000 square feet.
(b) Level B site plans are reviewed and approved by the Plan Commission and include:
1. Multi-family developments or buildings containing seven units or more;
2. Structures other than buildings (including towers and antennas);
3. Parking lots containing more than ten spaces.
(c) The Administrator determines what level site plan review is required by the proposed project. The Administrator may defer Level A approvals to the Plan Commission. The Plan Commission may delegate Level B approvals to the Administrator. For example, the Plan Commission may approve a large multi-family development and delegate the review and approval of the individual buildings within the development to the Administrator.
(d) Expiration of permits.
1. Initiation of work. Work described in any improvement location permit and its associated site plan must begin within 180 days of the date the ILP was issued.
2. Completion of construction. An improvement location permit expires if the work described in an ILP is not completed within 12 months of the date the ILP for a Level A site plan was issued or within 18 months of the date the ILP for a Level B site plan was issued. Upon expiration of the ILP, the permit is cancelled by the Administrator who provides written notice of the cancellation to the permit holder. The notice also informs the permit holder that future work cannot proceed until a new ILP is issued.
3. Extension of time. Prior to the expiration of the ILP, the permit holder may submit a written request for an extension of time. For a Level A site plan, the Administrator may grant one extension of time up to six months. For a Level B site plan, the Plan Commission may grant one extension of time up to 18 months. An extension will only be approved if the development encountered unforeseen difficulties beyond the control of the permit holder and the project will proceed within the extended period. If these provisions are not fulfilled or the extension has expired prior to construction, the ILP expires.
(e) Construction compliance. The ILP only covers the use, arrangement, and construction specifically proposed in the approved site plan associated with the ILP. Any other use, arrangement, or construction not authorized by the ILP is a violation of this chapter.
(3) Level A site plan approval application procedures.
(a) The applicant submits:
1. A complete ILP application form;
2. A Level A site plan;
3. A written description of the proposed project or use;
4. Payment of the application fee; and
5. Any additional information required for a complete review of the application.
(b) The Administrator reviews the application for compliance with this chapter and other applicable town standards. The Administrator may forward the application to the Technical Advisory Committee for their review and comment. The Administrator provides all review comments to the applicant and notes areas of noncompliance with the town requirements.
(c) The applicant may submit revised comments in response to the comments received.
(d) When a site plan has been reviewed and found in compliance with town requirements, the Administrator may approve, or approve with conditions, the application. Applicants not complying with town requirements will not be approved.
(e) Upon approval, copies of the application and plan, signed by the Administrator, are maintained on file at the town, with a copy provided to the applicant.
(f) Approved site design.
1. Following approval of the site plan, the Administrator issues an improvement location permit. The applicant is responsible for obtaining all other applicable county, state or federal permits before issuance of a building permit.
2. The property owner is responsible for maintaining the property according to the approved site plan on a continuing basis. Any property owner who fails to maintain the property according to the approved site plan is in violation of this chapter.
3. Commitments may be imposed on site plan approval to ensure compliance with the requirements of this chapter.
4. A performance guarantee may be required, according to § 154.161, to ensure completion of required improvements as specified in the ILP and shown on the approved site plan.
(4) Level B site plan approval application procedures.
(a) The applicant submits:
1. A complete ILP application form;
2. A Level B site plan;
3. A written description of the proposed project or use;
4. Payment of the application fee; and
5. Any additional information required for a complete review of the application.
(b) The Administrator forwards the application to the Technical Advisory Committee for their review and comment. If applicable, outside consultants prepare a review of the site plans and provide written comments to the Administrator prior to action being taken to approve or deny the application. Costs related to this review are paid by the applicant in accordance with the policy established by the town. The Administrator provides all review comments to the applicant, noting areas of noncompliance with the town requirements.
(c) The applicant may submit revised plans in response to the comments. Revised plans must be submitted in sufficient time, as determined by the Administrator, prior to a scheduled meeting. Revised plans submitted without adequate time for review will not be considered.
(d) When a site plan has been reviewed and determined to be complete, the Administrator places it on the Plan Commission agenda. Incomplete applications will not be docketed. The Plan Commission reviews the ILP application, site plan, and recommendations from staff, consultants and reviewing agencies. The Plan Commission may approve, deny, approve with conditions, or table action on the application.
(e) The applicant is required to obtain all other necessary agency permits from the Town of Bargersville and any other county, state, or federal agency with jurisdiction. The Plan Commission may approve a site plan conditioned on obtaining necessary permits, if proof of application for required permits is submitted.
(f) Each action taken for a site plan review, along with the reasons for that action, are recorded in the minutes of the Plan Commission meeting. Upon approval, copies of the application and plan, signed by the Administrator, are maintained on file at the town, with a copy provided to the applicant.
(g) Approved site design.
1. Following approval of the site plan, the Administrator issues an improvement location permit. The applicant is responsible for obtaining all other applicable county, state, or federal permits before issuance of a building permit.
2. The approved construction must commence and be completed within the time periods specified in division (G)(2)(d).
3. The property owner is responsible for maintaining the property according to the approved site plan on a continuing basis. Any property owner who fails to maintain the property according to the approved site plan is in violation of this chapter.
(h) Commitments may be imposed on site plan approval to ensure compliance with the requirements of this chapter.
(i) A performance guarantee may be required, in accordance with § 154.161, to ensure completion of required improvements as specified in the ILP and shown on the approved site plan.
(5) Decision criteria. Site plan approval is granted when the proposed plan meets all applicable standards of this subchapter as outlined below:
(a) The site plan complies with all applicable requirements of this chapter and all other applicable laws and regulations;
(b) The site is designed to minimize hazards to adjacent property and to reduce the negative effects of traffic, noise, smoke, fumes, and glare to the maximum extent;
(c) Unless a more specific design standard is established by this chapter, all uses and structures must comply with the following design standards:
1. Traffic circulation. Access points and vehicular and pedestrian circulation routes are designed to promote safe and efficient circulation in and around the site. The number, spacing, and alignment of existing and proposed access points are considered relative to their impact on traffic movement on abutting streets and adjacent properties.
2. Storm water. Storm water systems are designed to not adversely affect neighboring properties or public storm water drainage systems. Where possible, storm water shall be removed from all roofs, canopies and paved areas should be captured by surface drainage systems.
3. Landscaping. Where possible, existing landscape should be preserved by minimizing unnecessary tree and soil removal.
4. Buffering. Landscape buffering is provided where potentially incompatible uses abut one another, according to § 154.110(E).
5. Lighting. Lighting is designed to minimize glare on adjacent properties and public streets. As a condition of plan approval, reduction of lighting during nonbusiness hours may be required.
6. Utility service. All utility services are provided underground, unless impractical.
7. Exterior uses. Exposed storage areas, machinery, heating and cooling units, service areas, loading areas, utility buildings and structures, and similar accessory areas are located and screened to have minimal negative effect on adjacent properties (see § 154.110(H)).
8. Emergency access. All buildings and structures are readily accessible to emergency vehicles.
9. Water and sewer. Water and sewer installations comply with all town, county, and state specifications and requirements.
10. Signs. Permitted signs are located to avoid the creation of distraction and visual clutter.
(d) Building design. New or substantially remodeled buildings are reasonably compatible in appearance with or enhance the established general character of other buildings in the immediate vicinity. The requirements of division (E) are met regarding building design and materials.
(6) Possible action. The Plan Commission or Administrator may approve, approve with conditions, deny, or continue the application.
(7) Commitments. The Plan Commission or Administrator may require the property owner to make written commitments concerning the use or development of the property (see division (D)).
(8) Site plan requirements. Site plans must contain the information listed below. The Administrator may waive requirements for a Level A site plan and the Plan Commission may waive requirements for a Level B site plan if it is determined the requirement not apply to the property or use in question.
Required Elements | Level A | Level B |
Site conditions, including existing drainage courses, floodplains, lakes, streams, wetlands, and woodlands | X | X |
Proposed lot lines, lot dimensions, property lines, setback dimensions, structures, and other improvements on the site | X | X |
All existing and proposed easements | X | X |
Building and Structure Details | ||
Location, height, and dimensions of proposed buildings or structures | X | X |
Building floor plans and total floor area | X | X |
Details on accessory structures | X | |
Size, height and method of shielding for all site and building lighting | X | |
Location of all freestanding signs, with setbacks | X | X |
Size, height, and lighting of all proposed signs | X | |
Building facade elevations for all sides, drawn to scale | X | |
Description of exterior building materials | X | X |
Location, height, and outside dimensions of all outside storage areas | X | X |
Location, height, and materials of all proposed fences and walls | X | |
Access and Circulation | ||
Dimensions, curve radii and centerlines of existing and proposed access points, roads and road rights-of-way or access easements | X | X |
Dimensions of acceleration, deceleration, and passing lanes | X | |
Opposing driveways and intersections within 250 feet of site | X | |
Cross section details of proposed roads, driveways, parking lots, and non-motorized paths illustrating materials and thickness | X | |
Dimensions of parking spaces, landscaped islands, circulation aisles, and loading zones | X | X |
Calculations for required number of parking and loading spaces | X | X |
Designation of fire lanes | X | X |
Traffic regulatory signs and pavement markings | X | |
Location of existing and proposed sidewalks/pathways within the site or right- of-way | X | X |
Proof that required permits have been submitted to the county or state, as applicable | X | |
Landscape Plans | ||
General location and canopy outline of all existing woodlands, with an identification of trees to be removed and trees to be preserved | X | X |
Description of methods to preserve existing trees | X | |
Location of existing and proposed lawns and landscaped areas, including percentage of lot area | X | X |
Landscape plan, including location and type of all proposed shrubs, trees, and other live plant material, according to Section 14-8 | X | |
Notation of required greenbelts, buffers and screening and calculation of required plants | X | X |
Location and area calculations for all required common open space | X | |
Information Concerning Utilities, Drainage, and Related Issues | ||
Location of existing and proposed septic systems or sanitary sewers | X | X |
Location and size of existing and proposed well sites, water service, and fire suppression systems | X | X |
Fire service features on site, including fire hydrants and fire connections mounted on buildings | X | X |
Stormwater drainage and retention/detention calculations | X | X |
Site grading, drainage patterns, and other storm water management measures | X | X |
Storm water retention and detention ponds, including grading, side slopes, depth, high water elevation, volume, and outfalls | X | |
Location of underground storm sewers and drains | X | X |
Size, slope, and elevation data for all storm sewers | X | |
Location of above and below ground gas, electric and telephone lines, existing and proposed | X | |
Sedimentation control measures | X | X |
Location of transformers and utility boxes | X | X |
Site lighting, including locations and details for lighting fixtures | X | |
Waste receptacle enclosure location and details, if required | X | |
Locations and storage containment details for any hazardous materials or chemicals, if applicable | X | |
Additional Information Required for Residential Development | ||
The number and location of each type of residential unit | X | |
Density calculations by type of residential unit (DU/acre) | X | |
Garage and/or carport locations and details, if proposed | X | |
Mailbox clusters | X | |
Location, dimensions and elevations of common building(s) (e.g., recreation, laundry, etc.), if applicable | X | |
Location and size of recreation and open space areas and an indication of type of recreation facilities proposed for recreation area | X | |
Other Information | ||
Any required permits by other town, county, state, or federal agencies or proof that permit applications have been submitted | X | X |
Other information required by the Plan Commission or Administrator to demonstrate compliance with this chapter, including environmental studies, traffic impact studies or similar information | X | X |
(9) Changes to approved site plans.
(a) Authority plan review. Any proposed change to an approved Level A site plan may be approved by the Administrator. The Administrator may refer approval of the proposed change to the Plan Commission.
(b) Minor changes. Minor changes to an approved Level B site plan may be approved by the Administrator without requiring a resubmittal to the Plan Commission. The applicant must notify the Administrator of any proposed amendment prior to making the change on the site. The Administrator determines if the proposed amendment is a minor change: one consistent with the basic design and conditions of the original approval. Minor changes include:
1. Reduction in building size or increase in building size up to 5% of the total approved floor area;
2. Movement of buildings or other structures by no more than ten feet;
3. Replacement of plant material specified in the landscape plan with comparable materials of an equal or greater size;
4. Changes in building materials to a comparable or higher quality;
5. Changes required or requested by county, state, or federal regulatory agencies to conform with other laws or regulations;
6. Other minor changes determined by the Administrator to be consistent with the approved plan and the uses included in the plan.
(c) Plan Commission review. Modifications other than minor changes require review and approval of the Plan Commission.
(H) Special exception.
(3) Application procedures.
(a) Application. Applications must be filed according to the schedule of meeting and filing deadlines in the format specified by the Department. An applicant submits a completed application to the Administrator on forms provided by the Department with the filing fee and the required supporting information. The Administrator establishes the number of copies of complete applications and supporting documentation required to be filed.
(b) Action by the Administrator. Within five business days of the application submittal, the Administrator will inform the applicant if the submittal is complete or if additional information is needed to process the request. Applications determined complete are docketed for a hearing by the BZA.
(c) Investigation of application. At the Administrator's discretion, the Technical Advisory Committee may review an application for special exception prior to the BZA's consideration.
(4) Public notice. Notification for the scheduled public hearing regarding the special exception request must be completed consistent with the schedule of meeting and filing dates and the BZA's Rules of Procedure.
(5) Public hearing. At a regularly scheduled meeting, the BZA reviews the special exception application and supporting information.
(a) Representation. The applicant or applicant's representative must be present at the meeting to present the application.
(b) Testimony. At the meeting, the BZA considers a report from the Administrator and testimony from the applicant, remonstrators, the public, and interested parties at the hearing.
(c) Procedures. The conduct of the hearing follows the BZA's Rules of Procedure.
(6) Decision criteria. The BZA may approve a special exception upon a determination that the proposed use:
(a) Is consistent with the vision, goals, and objectives of the Comprehensive Plan;
(b) Complies with the requirements of this chapter;
(c) Is compatible with the character of the general vicinity;
(d) Can be adequately served by essential public facilities and services, such as streets, police and fire protection, drainage systems, refuse disposal, water and sewers, and schools;
(e) Does not create circumstances detrimental to people, property, or the general welfare by producing excessive traffic, noise, smoke, fumes, glare, odor, or other conditions incompatible with the uses permitted in the zoning district; and
(f) Allows orderly development of the surrounding property for uses permitted in the district.
(7) BZA action. Following the public hearing, the BZA may approve, approve with conditions, deny, or continue the application. The application may be continued by the BZA based on a request by the Administrator, applicant, remonstrator, or interested party; an indecisive vote, or a determination by the BZA that additional information is required prior to acting on the request. The continuing of applications and any potential additional legal notice must be consistent with the BZA's Rules and Procedure.
(8) Commitments. The BZA may require the property owner to make written commitments concerning the use or development of the property (see division (D)).
(9) Conditions of approval. Reasonable conditions may be imposed on the approval of a special exception use to protect the public health, safety, and general welfare, ensure adequate public services can be provided, enhance compatibility with adjacent conforming land uses or activities, and protect natural resources.
(10) No presumption of approval. The listing of a special exception on the Permitted Use Table does not constitute a presumption of approval. Each special exception is evaluated on an individual basis regarding compliance with the standards and whether the use is appropriate at the location and in the manner proposed.
(11) Resubmittal of special exception application. A special exception application denied by the BZA cannot be resubmitted for 12 months from the date of the denial, except when new evidence or information regarding changing circumstances or other relevant factors is submitted that might alter the decision. The Administrator determines if the new information constitutes a substantive change.
(12) Limitations of approval. Approval only authorizes the special exception use at the premises where the approval was granted. It is not conditioned upon the property owner or operator of the approved use.
(13) Effect of approval. The approval of a special exception does not authorize the development, construction, alteration, or moving of any building or structure. The approval authorizes the filing and processing of applications for permits or approvals required, such as approval of a site plan, improvement location permit, building permit, and certificate of occupancy.
(14) Existing use. An existing use listed as a special exception located in a zoning district where such special exception may be permitted is a conforming use if the use meets the minimum lot area requirements of the zoning district. Any expansion of the special exception involving the enlargement of buildings, structures, and land area is subject to the requirements and procedures described in this chapter.
(15) Expiration. Approval of a special exception use expires 36 months after it is granted unless construction is complete, or commencement of the use has occurred. Prior to the expiration of the initial approval, the applicant may request in writing to the Administrator an extension of the approval period. The BZA may extend the approval 12 months or more upon finding there are no new conditions requiring reconsideration of the special exception use.
(I) Variances.
(1) Application procedures. The applicant files:
(a) A variance application;
(b) Property owner consent if the applicant is someone other than the property owner;
(c) The applicable filing fee;
(d) A site plan drawn to scale showing the layout of the property and all features relevant to the request;
(e) A statement of intent describing the details of the variance being requested and stating how the request is consistent with the decision criteria and proposed findings of fact. The statement should include any written commitments being made by the applicant; and
(f) A copy of the most current property deed.
(2) Action by the Administrator. Within five business days of the application submittal, the Administrator will inform the applicant if the submittal is complete or if additional information is needed to process the request. Applications determined complete are docketed for a hearing by the BZA.
(3) Public notice. Notification for the scheduled public hearing regarding the variance request must be completed consistent with the schedule of meeting and filing dates and the BZA's Rules of Procedure.
(4) Public hearing. At a public hearing scheduled consistent with the schedule of meeting and filing dates, the BZA reviews the variance application and required supporting information.
(a) Representation. The applicant and/or applicant's representative must be present at the public hearing to present the complete application and address the decision criteria.
(b) Testimony. The BZA will consider a report from the Administrator and testimony from the applicant, remonstrators, the public, and interested parties at the hearing.
(c) Procedures. The presentation of reports and testimony and all other aspects of the public hearing must be consistent with the BZA's Rules of Procedure.
(5) Decision criteria. In acting on all variance requests, the BZA must use decision criteria to approve or deny variances consistent with the requirements of Indiana Code:
(a) Variances of use. A variance of land use may be approved upon determining:
1. The use will not be injurious to the public health, safety, morals, 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 particular to the property involved;
4. The strict application of the terms of the ordinance will constitute an unnecessary hardship if applied to the property;
5. The use does not interfere substantially with the Comprehensive Plan.
(b) Variances of development standards. A variance of development standard may be approved only upon determining:
1. The approval will not be injurious to the public health, safety, morals, 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 strict application of the terms of the ordinance will result in practical difficulties in the use of the property.
(6) BZA action. The BZA may approve, approve with conditions, deny, or continue the application according to I.C. 36-7-4-918.4 and 36-7-4-918.5. The BZA will not consider an application that is substantially similar to a variance application denied within the prior 12 months. The application may be continued by the BZA based on a request by the Administrator, applicant, remonstrator, or interested party; an indecisive vote; or a determination by the BZA that additional information is required prior to action being taken on the request. The continuing of all applications and any potential additional legal notice must be consistent with the BZA's Rules of Procedure.
(7) Commitments. The BZA may require the property owner to make written commitments concerning the use or development of the property (see division (D)).
(8) Effect of approval. Approval of a variance does not authorize the development, construction, alteration or moving of any building or structure. The approval authorizes the filing and processing of applications for permits or approvals required, such as approval of a site plan, improvement location permit, building permit, and certificate of occupancy.
(9) Acknowledgment of variance. Approval of a variance must be recorded in an acknowledgement of variance instrument prepared by the Administrator. The instrument must specify the granted variance and any commitments made or conditions imposed in granting of the variance. The applicant must record the instrument in the Office of the Recorder of Johnson County, Indiana, within 14 days of the variance approval. The applicant must return a copy of the recorded instrument to the Department within 14 days of recording. New applications for approvals or permits for the property will not be processed until a copy of the recorded instrument is provided to the Department.
(10) Compliance and violations. A permit will not be issued unless it complies with an approved variance, conditions of approval, and commitments. Violations of an approved variance, conditions of approval, and commitments are subject to enforcement procedures.
(J) Waiver of subdivision standards. In connection with a site plan, primary plat, or secondary plat, the Plan Commission may approve a request for a waiver of the provisions in §§ 154.160 to 154.163 if the intent and purpose of the design standards benefit from an alternative proposal while upholding the intent and purpose of this chapter (see § 154.145).
(K) Waiver of development standards.
(a) The proposal does not create conditions detrimental to the public health, safety, and welfare;
(b) The proposal is harmonious with the purpose and intent of the zoning district where the project is located;
(c) The proposal enhances the overall site plan, preliminary plat, or final plat, the abutting streetscapes and neighborhoods, and the surrounding area;
(d) The proposal does not produce a site design that is impractical or detracts from the appearance of the proposed development and the surrounding area;
(e) The proposal provides improved site design characteristics such as increased pedestrian connections, enhanced landscaping, tree preservation, or public art.
(2) A waiver request form for each waiver sought must be included in the application. For items where final approval has been delegated to staff, the Administrator has the authority to grant wavers. In all other circumstances, the Plan Commission may grant the waiver after a public hearing.
(3) In granting the waiver, the Plan Commission or Administrator may impose conditions necessary to secure the purposes of this article. The applicant retains the right to petition the Board of Zoning Appeals for a variance from development standards (see division (I)).
(L) Zoning map amendments (rezones).
(1) Application procedures. Proposals to amend the zoning map may be initiated by the Plan Commission, the Town Council, or through an application signed by property owners of at least 50% of the land involved.
(a) Legislative body initiation. The Administrator prepares the application for Zoning Map amendment if the Plan Commission or Town Council initiates the application. The Administrator serves as the representative of the applicant for such proposals.
(b) Property owner initiation. Property owners requesting a zoning map amendment are the applicants and are responsible for preparing the application.
(c) Pre-filing conference. A pre-filing conference with the Administrator is required prior to filing an application. The applicant is encouraged to incorporate the Administrator's comments into the application before filing.
(d) Filing deadline. Applications are filed according to the schedule of meeting and filing deadlines in the format specified by the Department.
(e) Forms of filing. The applicant submits a completed application to the Administrator on forms provided by the Department with supporting information and the application fee. The Administrator establishes the number of copies of the application required for filing.
(f) Application requirements for property owner initiated applications.
1. If an application is filed by a property owner's authorized agent, a consent form signed by the property owner must accompany the application;
2. A copy of the most current property deed;
3. A list obtained from the Town GIS Department of adjoining property owners required to be served public notice according to the Plan Commission Rules of Procedure;
4. Supporting information.
a. A conceptual site plan showing all features relevant to the application;
b. A vicinity map showing the use and zoning of all properties within 500 feet of the proposed zoning map amendment;
c. A narrative stating the reasons for the zoning change, including a detailed description of any proposed development. The narrative should include any written commitments made by the applicant.
(2) Action by the Administrator. Within five business days of the application submittal, the Administrator will inform the applicant if the submittal is complete or if additional information is needed to process the request. Applications determined complete are docketed for a hearing by the Plan Commission.
(3) Public notice. Notification for the public hearing must be completed consistent with the requirements of the Plan Commission's Rules of Procedure.
(4) Plan Commission public hearing. At a public hearing, the Plan Commission reviews the application and supporting information.
(a) Representation. The applicant and/or any representative of the applicant must be present at the public hearing to present the application and address any Plan Commission questions.
(b) Testimony. The Plan Commission considers a report from the Administrator and testimony from the applicant, remonstrators, the public, and interested parties at the hearing.
(c) Procedures. The conduct of the public hearing follows the requirements of the Plan Commission's Rules and Procedure.
(5) Decision criteria. In reviewing the change of zoning application, the Plan Commission and Town Council consider:
(a) The Comprehensive Plan;
(b) Current conditions and the character of current structures and uses in each district;
(c) The most desirable use for which the land in each district is adapted;
(d) The conservation of property values throughout the jurisdiction; and
(e) Responsible development and growth.
(6) Plan Commission action. Following the public hearing, the Plan Commission may either forward the application to the Town Council with a favorable recommendation, an unfavorable recommendation, or no recommendation according to Indiana Code; or continue the request to a subsequent Plan Commission meeting. The application may be continued by the Plan Commission based on a request by the Administrator, applicant, remonstrator, or interested party; an indecisive vote, or a determination by the Plan Commission that additional information is required prior to acting on the request. The continuing of applications and any potential additional legal notice must be consistent with the Plan Commission's Rules and Procedure.
(7) Commitments. The Plan Commission may require the property owner to make written commitments concerning the use or development of the property (see division (D).)
(8) Certification. The Plan Commission certifies its recommendation to the Town Council according to Indiana Code. The Administrator forwards the Plan Commission certification, the application and supporting information, any Department reports regarding the application, and an ordinance to the Town Council for consideration.
(9) Town Council action. The Town Council reviews the rezoning application and materials forwarded from the Plan Commission and may either approve or deny the ordinance. If the Town Council fails to act within 90 days of the Plan Commission's certification, and the applicant has not otherwise withdrawn the request or requested additional consideration by the Plan Commission, the rezone ordinance becomes effective or be defeated with the provisions of I.C. 36-7-4-608. The Town Council may also seek modifications or additions to any written commitments permitted by this subchapter.
(M) Zoning text amendments.
(1) Application procedures. Applications are filed according to the schedule of meeting and filing deadlines. Proposals to amend the text of this chapter may be initiated by the Plan Commission or submitted to the Plan Commission by the Town Council. The Administrator prepares the amendment application and serves as the representative of the applicant.
(2) Action by the Administrator. Within five business days of the application submittal, the Administrator will inform the applicant if the submittal is complete or if additional information is needed to process the request. Applications determined complete are docketed for a hearing by the Plan Commission.
(3) Public notice. Notification for the public hearing must be completed consistent with the requirements of the Plan Commission's Rules of Procedure.
(4) Plan Commission public hearing. At a public hearing, the Plan Commission reviews the application and supporting information.
(a) Representation. At the public hearing the Administrator presents the application and addresses any Plan Commission questions.
(b) Testimony. The Plan Commission considers a report from the Administrator and testimony from the applicant, remonstrators, the public, and interested parties at the hearing.
(c) Procedures. The conduct of the public hearing follows the requirements of the Plan Commission's Rules and Procedure.
(5) Decision criteria. In reviewing the proposed request, the Plan Commission and Town Council consider:
(a) The Comprehensive Plan;
(b) Current conditions and the character of current structures and uses in each district;
(c) The most desirable use for which the land in each district is adapted;
(d) The conservation of property values throughout the jurisdiction; and
(e) Responsible development and growth.
(6) Plan Commission action. Following the public hearing, the Plan Commission may either forward the application to the Town Council with a favorable recommendation, an unfavorable recommendation, or no recommendation according to Indiana Code; or continue the request to a subsequent Plan Commission meeting. The application may be continued by the Plan Commission based on a request by the Administrator, applicant, remonstrator, or interested party; an indecisive vote, or a determination by the Plan Commission that additional information is required prior to taking action on the request. The continuing of applications and any potential additional legal notice must be consistent with the Plan Commission's Rules and Procedure.
(7) Certification. The Plan Commission certifies its recommendation to the Town Council according to Indiana Code. The Administrator forwards the Plan Commission certification, the application and supporting information, any Department reports regarding the application, and an ordinance to the Town Council for consideration.
(8) Town Council action. The Town Council reviews the application and materials forwarded from the Plan Commission and may either approve or deny the ordinance. If the Town Council fails to act within 90 days of the Plan Commission's certification, the ordinance becomes effective or be defeated with the provisions of I.C. 36-7-4-607.
(N) Certificate of compliance.
(1) Purpose. A certificate of compliance ("CofC") serves as written confirmation by the town that a property or use complies with this chapter.
(2) Applicability. An application for a CofC may be filed according to this article. A CofC may: (i) be required by this chapter; (ii) serve as written confirmation by the town that a property or use complies with this chapter; or (iii) serve as a written verification of a property's zoning. The Administrator may provide a CofC for:
(a) A change in use (e.g., change from residential to commercial use);
(b) Exterior building or site improvements that would not otherwise require an improvement location permit or site plan approval;
(c) Conditions of approval associated with an approval of the BZA, Plan Commission or Town Council;
(d) Other similar circumstances as may be determined by the Administrator.
(3) Application procedures. An applicant submits a detailed written request to the Administrator with supporting information. Within ten days, applications, requests, plans, and specifications filed by an applicant must be checked by the Administrator for compliance with this chapter. If the Administrator is satisfied that the property, plans, and information provided in the application conforms to the requirements of this chapter and other applicable laws and ordinances, the Administrator issues a certificate of compliance to the applicant.
(4) Effect. A CofC does not authorize the establishment of a use nor the development, construction, alteration, or moving of any building or a structure. A CofC certifies compliance of an existing property, use and/or improvements made according to an approved permit on the date issued. The filing and processing of applications for any permits and approvals may be required by this chapter and other town ordinances including, a building permit, a certificate of occupancy, primary and secondary plats, or site plan approval, for proposed improvements or uses.
(5) Limitations. A CofC is limited only to the circumstance for which it was issued and at the time it was issued. The CofC does not authorize any allegedly similar circumstance requiring a separate review or certificate or a change in circumstances, unless otherwise provided for in the CofC.
(6) Records of certificate of compliance. Every CofC issued according to this article is kept on file in the office of the Department. Copies are provided upon request to anyone having a proprietary or tenancy interest in the building or land affected.
(Ord. 2022-17, passed 7-19-2022)
§ 154.181 PERMITS.
(A) Certificate of occupancy. No building or structure erected or altered after the date of adoption of this chapter can be occupied or used unless a certificate of occupancy has been issued for that building or structure upon completion of construction. A certificate of occupancy constitutes certification that the building, structure, use, parking, landscaping, and all other required improvements fully comply with the provisions of the ordinance and any conditions imposed on the approval.
(B) Improvement location permit. An improvement location permit issued by the Administrator is required prior to beginning construction on structures or establishing a use on any land.
(1) Except for variances approved by the Board of Zoning Appeals or an order of a court, an improvement location permit will not be issued for the erection, alteration, or use of any building or structure, or for the use of any land unless it complies with all provisions of this chapter and any conditions of approval imposed on the building, structure, or use. Within five business days of the permit application, the Administrator will inform the applicant if the submittal is complete or if additional information is needed to process the request. Within ten business days of the permit application, the Administrator will issue a permit for applications meeting the permit requirements or notify the applicant of the areas where the permit application does not comply with the permit requirements.
(2) A record of all improvement location permits is kept on file in the office of the Administrator.
(3) Vacant land cannot be used, and existing uses of land or buildings cannot be changed to a different class of use, unless an improvement location permit is first obtained for the new or changed use. Uses resulting in an increase in parking spaces require an improvement location permit.
(C) Short-term rental permits.
(2) Application. Applications for a short-term rental permit are made by the property owner on forms published by the Department and include appropriate filing fees and documentation. An owner must submit a separate permit application for each property requiring a permit.
(3) Supporting documentation. Applications must be accompanied by the following information. The Administrator may waive or relax any of the requirements listed deemed irrelevant or unnecessary for a thorough review of the application.
(a) The owner's name, street address, mailing address, email address, and telephone number. If the owner is a corporation or partnership, the owner's state of incorporation or organization, proof of good standing, and the owner's names, the addresses of the short-term rental(s), and the telephone numbers of the owner's principal officers or partners.
(b) If a property manager is used, the property manager's name, street address, mailing address, email address, and telephone number.
(c) A short description of how each of the owner's short-term rentals on the property are marketed or advertised including the advertised occupancy limits and whether the short-term rental is a single-family home or a dwelling unit within a single-family home, multi-family dwelling, condominium, cooperative, or time share.
(4) Permit issuance. Within five business days of the permit application, the Administrator will inform the applicant if the submittal is complete or if additional information is needed to process the request. Within 20 business days of the permit application, the Administrator will issue a permit for applications meeting the permit requirements or notify the applicant of the areas where the permit application does not comply with the permit requirements.
(5) Permit duration. A short-term rental permit expires one year after the date it is issued.
(6) Permit fee. A nonrefundable fee described in the fee schedule adopted by the Town Council must accompany each short-term rental permit application.
(7) Permit transferability. If an owner sells all or part of a permitted property, the short-term rental permit is not transferable to the new owner.
(8) Permit violation. Each short-term rental transaction completed without a short-term rental permit constitutes a separate violation.
(9) Permit revocation. If three or more citations for ordinance violations are issued to an owner for a permitted property within a calendar year, the Administrator may revoke the short-term rental permit for up to one year after the date the permit is revoked. An owner may apply for a short-term rental permit when the revocation period has ended and all outstanding fines for ordinance violations are paid.
(D) Sign permit and applications.
(1) Permits required. Except as otherwise provided in this chapter, it is unlawful for any person to erect, construct, enlarge, move, or convert any sign without first obtaining a sign permit from the administrator.
(2) Application. Application for a permit is made to the Administrator on forms provided by the Department with permit application fee and required information to assure compliance with this chapter. Within five business days of the permit application, the Administrator will inform the applicant if the submittal is complete or if additional information is needed to process the request. Within ten business days of the permit application, the Administrator will issue a permit for applications meeting the permit requirements or notify the applicant of the areas where the permit application does not comply with the permit requirements.
(3) Effect of sign permit issuance. Permits issued in accordance with this chapter do not authorize unlawful signs.
(4) Nullification. A sign permit becomes null and void and the permit fee forfeited if the authorized work has not been completed six months of the date the permit was issued.
(5) Fee waiver. Service and charitable organizations, legally established as tax exempt not-for-profit entities, are only required to pay one annual permit fee for the use of portable temporary signs.
(E) Temporary use and events permits.
(1) Application. Applications for a temporary use and/or event permit, according to § 154.075, must be made in writing on forms provided by the Department at least 30 days prior to the scheduled event. Within five business days of the permit application, the Administrator will inform the applicant if the submittal is complete or if additional information is needed to process the request. Within ten business days of the permit application, the Administrator will issue a permit for applications meeting the permit requirements or notify the applicant of the areas where the permit application does not comply with the permit requirements.
(2) Supporting documentation. Applications must include (i) a written statement describing the requested use, operations plan, traffic control, and the proposed period and (ii) a sketch plan showing the locations of proposed activity areas in relation to property lines and existing buildings and structures, pedestrian and vehicular circulation on the site, and parking facilities.
(a) If a permit for encroaching into any right-of-way is required, a copy of the encroachment request must be submitted with the temporary use/event permit application.
(b) If alcohol is sold or consumed, then proof of appropriate permits from the State of Indiana, Alcohol and Tobacco Commission is required. If cooking or eating is involved in a temporary event, outdoor cafe, or some other eating area, then proof of review and approval from the County Health Department must be required with the application.
(3) Temporary uses and events must also comply with the town's special event policy.
(Ord. 2022-17, passed 7-19-2022)
§ 154.182 ADMINISTRATION.
(A) General administration. The decision-making bodies and officials identified in this chapter have the responsibility for implementing and administering this chapter.
(1) Meeting schedule. The Administrator maintains an annual schedule of meeting and filing dates for the Technical Advisory Committee, Plan Commission, and BZA. Modifications of filing dates are considered if determined reasonable by the Administrator. The existence of this calendar does not prohibit special meetings or changes of meeting dates by the Technical Advisory Committee, Plan Commission, or BZA. The schedule of meeting and filing dates must be made available in the office of the Department.
(2) Fee Schedule. Filing fees for applications and petitions are set forth in the fee schedule. The fee schedule is established by resolution of the Council. Copies of the Fee Schedule are available in the office of the Department.
(B) Board of Zoning Appeals. The Bargersville Board of Zoning Appeals, established according to I.C. 36-7-4-900 et seq. has the powers and duties described below:
(1) To approve, approve with modifications, or deny any application for a variance from the development standards of this chapter;
(2) To approve, approve with modifications, or deny any application for a use variance;
(3) To grant, grant with modifications, or deny any application for a special exception;
(4) To hear and decide an appeal from any order, requirement, decision, or determination made by the Administrator or staff in the administration or enforcement of this chapter;
(5) To hear and decide an appeal from any order, requirement, decision, or determination made by any administrative board, other than the Plan Commission, in the administration or enforcement of this chapter;
(6) To enforce the provisions of this chapter;
(7) To adopt Rules of Procedure for the administration of the BZA's duties.
(C) Floodplain Administrator.
(1) Floodplain Administrator. The Director and/or designated staff of the Department, is designated as the Floodplain Administrator.
(2) Authority. The Floodplain Administrator is authorized and directed to enforce and implement the provisions of the floodplain regulations.
(3) Duties. The Floodplain Administer will, in connection with the implementation of this chapter and in accordance with Indiana law:
(a) Review floodplain development permits to assure the permit requirements of this chapter have been satisfied;
(b) Inspect and inventory damaged structures in the special flood hazard area (SFHA) and complete substantial damage determinations;
(c) Ensure that required construction authorization has been granted by the Indiana Department of Natural Resources for development subject to the Flood Plain Regulations;
(d) Ensure that all necessary federal or state permits have been received prior to issuance of an improvement location permit;
(e) Maintain improvement location permit records involving building additions and improvements to residences located in the floodway;
(f) Maintain related permits and information for buildings constructed subject the flood plain regulations;
(g) Utilize and enforce map revisions issued by the Federal Emergency Management Agency (FEMA) for the currently effective SFHA maps;
(h) Review certified plans and specifications for compliance;
(i) Verify required certifications of the actual elevation of the lowest floor for new or substantially improved buildings;
(j) Verify required certifications of the actual elevation of the floodproofing for any new or substantially improved buildings;
(k) Notify adjacent communities and the state's floodplain coordinator prior to any alteration or relocation of a watercourse and submit copies of the notifications to the Federal Emergency Management Agency;
(l) Assure that maintenance is provided within the altered or relocated portion of the altered watercourse, so the flood-carrying capacity is not diminished.
(D) Plan Commission. The Bargersville Plan Commission, being previously established according to I.C. 36-7-4-200 et seq. has the following powers and duties in connection with the implementation of this chapter.
(1) To initiate amendments to the text of this chapter and to the zoning map according to the procedures and standards for amendments set forth in § 154.180(L) and (M);
(2) To review all proposed amendments to this chapter and make recommendations to the Town Council according to the procedures and standards for amendments set forth in § 154.180(L) and(M);
(3) To review all planned unit development petitions and make recommendations to the Town Council for the adoption of the petitions according to the procedures and standards for planned unit developments set forth in § 154.180(F);
(4) To render final decision regarding secondary review of all planned unit development petitions according to the procedures and standards for planned unit development set forth in § 154.180(F);
(5) To initiate amendments to the Bargersville Thoroughfare Plan, to adopt, reject, or amend proposals to amend or partially repeal the text of the Bargersville Thoroughfare Plan, and to make recommendations on such matters to the Bargersville Town Council;
(8) To approve, approve with modifications, or deny all site plans according to the procedures and standards for site plans set forth in § 154.180(G);
(9) To supervise and adopt rules for the administration of the affairs of the Plan Commission;
(10) To record and file all bonds and contracts and assume responsibility for the custody and preservation of all papers and documents of the Plan Commission;
(11) To prepare, publish, and distribute reports, ordinances, and other material related to the Plan Commission activities as authorized by law or this chapter;
(12) To exercise all powers conferred on it by law, local ordinance or rule including to invoke any legal, equitable, or special remedy for the enforcement of state planning and zoning laws or this chapter.
(E) Director of Development.
(1) Administrative Officer. It is the duty of the Director of the Department of Development (the "Director") to enforce and implement the provisions of this chapter, receive applications required by this chapter, issue permits, and furnish the prescribed certificates.
(2) Duties. The Director and/or the Director's designees, in connection with the implementation of this chapter and in accordance with Indiana law, will:
(a) Maintain a Council approved Comprehensive Plan and the Unified Development Ordinance, as authorized under Indiana law;
(b) Maintain rules of procedures for holding meetings, holding public hearings, and enforcing the Comprehensive Plan and the Unified Development Ordinance;
(c) Maintain complete records of all meetings, hearings, correspondences, and affairs of the Plan Commission and BZA;
(d) Publish and make available to the public all plans, ordinances, and other related material that are the responsibility of the Plan Commission and BZA. All such records must be open to public inspection during the Department's normal hours of business;
(e) Maintain a permitting process and seal used to certify official or approved documents. Keep careful and comprehensive records of applications, permits issued, certificates issued, inspections made, reports rendered, and of notices or orders issued. Retain on file copies of all documents in connection with building work if any part of the structure to which they relate remains existence;
(f) Examine premises for which permits have been issued and make necessary inspections to see that the provisions of the law are within compliance;
(g) Enforce laws relating to the construction, alteration, use, occupancy, location, and maintenance of structures and land, except as may be otherwise provided for in local or Indiana law;
(h) Issue notices or orders necessary for enforcing compliance with the laws or preventing a violation of provisions of this chapter;
(i) Determine the appropriate categories of land uses not specifically listed on the Permitted Uses Table;
(j) Render interpretations of the provisions of this chapter;
(k) Approve or deny sign permit applications;
(l) Review applications for improvement location permits for compliance with the standards of this chapter;
(m) Issue improvement location permits for special exceptions after approval by the Board;
(n) Other duties set forth here or that may be delegated by the Plan Commission, BZA, or Council.
(F) Technical Advisory Committee. The Technical Advisory Committee is hereby created and vested with the review authority set forth below in connection with the implementation of this chapter:
(1) Membership. The Technical Advisory Committee is comprised of the following members.
(a) Bargersville Zoning Administrator;
(b) Bargersville Building Commissioner;
(c) Bargersville Director of Public Works;
(d) Bargersville Community Fire Department Fire Marshal;
(e) The Administrator may also invite representatives of the Bargersville Police Department, the School Corporation, representatives of the major utility companies, representatives of Plan Commission appointed committees, and representatives of Johnson County for applications or as necessity demands.
(2) Review authority.
(a) To review and evaluate applications for waivers and make recommendations to the Plan Commission, according to the procedures and standards for waivers set forth in the subdivision regulations.
(b) To review and evaluate all site plans, and make recommendations to the Plan Commission, according to the procedures and standards for site plan review set forth in § 154.180(G).
(c) To take such other actions as delegated by the Plan Commission that may be desirable and necessary to implement the provisions of this chapter.
(G) Town Council. The Town Council has the following powers and duties connected to the implementation of this chapter.
(1) As certified by the Plan Commission to approve, reject, or amend all or part of the Comprehensive Plan.
(2) To initiate amendments to this chapter and to adopt, reject, or amend proposals to amend or partially repeal the text of this chapter as set forth in § 154.180(M).
(3) To adopt, reject, or amend proposals to amend the zoning map according to the procedures and standards for amendments set forth in § 154.180(L).
(4) To adopt, reject, or amend a Planned Unit Development Ordinance according to the procedures and standards for amendments set forth in § 154.180(F).
(5) To approve, approve with modifications, or deny all applications for waivers from the Construction Standards, according to the procedures and standards set forth in § 154.145.
(6) To take such other actions not exclusively delegated to other bodies, which may be desirable and necessary to implement the provisions of this chapter.
(H) Zoning Administrator.
(1) Zoning Administrator. The Director and/or designated staff of the Department, is designated as the Zoning Administrator.
(2) Authority. The Zoning Administrator is authorized and directed to enforce and implement the provisions of this chapter.
(3) Duties. The Zoning Administer will, in connection with the implementation of this chapter and in accordance with Indiana law:
(a) Determine the appropriate categories of land uses not specifically listed on the Permitted Uses Table;
(b) Determine if a proposed home occupation use is compatible as a home occupation;
(c) Approve or deny sign permit applications;
(d) Review applications for improvement location permits for compliance with the performance standards of this chapter;
(e) Issue improvement location permits for special exceptions after approval of the BZA;
(f) Inspect properties for compliance with the provisions of this chapter;
(g) Take enforcement actions to bring violations into compliance with the requirements of this chapter, including investigating complaints, issuing stop work orders, and revoking sign permits.
(Ord. 2022-17, passed 7-19-2022)
§ 154.183 ENFORCEMENT.
(A) Enforcement authority. The Town of Bargersville, including the Director, Council, Plan Commission, BZA, Building Commissioner, Fire Marshal, and their delegates are designated to enforce the provisions, regulations, and intent of this chapter, according to I.C. 36-7-4-100 et seq., as amended.
(B) Violation.
(1) Violation of any of the provisions of this chapter is considered a common nuisance and may be abated as nuisances are abated under existing law. Violations may include, but are not limited to:
(a) The erection, demolition, or conversion of any structure, building, or sign without the required approvals;
(b) The use of any land or premises used in violation of any provisions of this chapter; or
(c) Failure to comply with any condition, requirement, or commitment established with the approval of a variance, special exception, site plan, planned unit development, certificate of compliance, or other development approval under this chapter.
(2) Any person who violates or resists the enforcement of any provisions of this chapter is subject to judgment for each offense. Each day a violation exists constitutes a separate offense. A violation exists until corrected. Correction may include:
(a) Stopping an unlawful practice;
(b) Removal of a building, structure, or improvement;
(c) Faithful or otherwise-approved restoration or replacement of a building, structure, site or natural feature;
(d) Any other remedy specified in this chapter; and/or
(e) Other remedy acceptable to the town.
(3) The owner of property violating this chapter is responsible for all enforcement costs related to the violation. This includes costs of any remedy, fines, and enforcement costs (including reasonable attorney's fees, hours worked, photocopying charges, mileage, and other costs incurred directly or indirectly by the town). The respondent only pays for enforcement costs clearly relating to the violation. In all instances, the amount paid by the respondent is determined by a court of jurisdiction or through a compromise agreement between the parties involved.
(C) Enforcement options.
(1) Options for enforcement. The town has the following options to enforce the provisions of this chapter:
(a) Issue a notice to correct violations. The notice to correct may be sent to the owner, tenant, or occupant who commits a violation of this chapter. It may be issued through personal service, First Class U.S. Mail, or by placement of the notice in a conspicuous place on the property. A notice to correct informs the violator of:
1. Date of the notice to correct;
2. Date and place the violation was observed;
3. Name and address of the property owner or responsible party;
4. Section number in violation;
5. The nature of the violation;
6. Name, business address, phone number, and email of the person issuing the notice;
7. Action necessary to correct the violation;
8. Actions available to the town to remedy violations; and
9. That a notice of correction serves as the only notice of civil violation, and no further notice will be required by the town.
(b) Issue a stop work order under division (E).
(c) Enter onto property and take action to bring that property into compliance with this chapter, according to I.C. 36-1-6-2 and divisions (F) or (G) of this section.
(d) Initiate enforcement through an administrative proceeding before the BZA, according to I.C. 36-1-6-9 and division (G) of this section.
(e) To bring a civil action in any court having jurisdiction, according to I.C. 34-28-5-1 and division (H) of this section.
(2) Exercise of options. The town's exercise of the options specified in this section, including the imposition of any penalties for an ordinance violation, are not prerequisites for taking any other action against an alleged violator of this chapter, nor do they prohibit the town from taking any further action.
(3) Warnings. Before exercising any of the town's options under this section, the Administrator may issue a warning to a person alleged to be in violation of this chapter and give the person at least ten days but not more than 60 days to remedy the alleged violation.
(D) Penalties.
(1) Maximum penalties. The maximum civil penalty for the first violation of a provision of this chapter is a fine of $2,500. The maximum civil penalty for the second or subsequent violation of a provision of this chapter (other than a provision that regulates parking) is a fine of $7,500.
(2) Subsequent violations. The penalties listed above for subsequent violations apply whenever the responsible party commits an additional violation of the same provision within 12 months of the first violation, regardless of whether the additional violation is on the same property as the first violation.
(E) Stop work orders.
(1) Occurrence of violation. If the Administrator finds that a violation is occurring or has occurred on a construction site, the Administrator may place a stop work order on any land/property improvement process.
(2) Procedure. Stop work orders must be a written letter stating the nature of the violation and requiring the work and any other illegal activity to stop immediately until the matter is resolved. If someone other than the property owner occupies the property, a copy of the stop work order must be provided to the occupant. This letter must be posted in a conspicuous place and be delivered or mailed to the property owner.
(3) Reasons. Reasons for a stop work order may include:
(a) Not complying with any element of the development standards or any regulation of the Ordinance;
(b) Not obtaining a permit or approval prior to the construction or installation of any improvement requiring a permit or approval by this chapter;
(c) Not completing structures or other site improvements consistent with any approved improvement location permit, variance, special exception, site plan, or other approval;
(d) Not meeting the commitments imposed upon the approval of a special exception, variance, rezoning, site plan, subdivision plat, or other approval, whether recorded or not;
(e) Not meeting the conditions of a PUD ordinance or other rezoning, or any written commitment imposed upon an approval, whether recorded or not;
(f) Illegal use or expansion of use of structures, or structures and land in combination.
(4) Appeals. Any stop work order may be appealed to the BZA. Upon the resolution of the violations to the satisfaction of the Administrator or the BZA, the stop work order is lifted and construction activity may resume.
(F) Municipal action to enforce compliance.
(1) Entry into property. According to I.C. 36-1-6-2(a), if violation of a provision of this chapter exists on real property, the Administrator may have employees or contractors of the town enter the property and take appropriate action to bring the property into compliance with the ordinance.
(2) Notice requirement. Before the town takes action to bring a property into compliance, anyone holding a substantial interest in the property must be given at least ten days but not more than 60 days to bring the property into compliance. Notice must be served on such persons in person or by first class mail. In addition, continuous enforcement orders (as defined in I.C. 36-7-9-2) may be enforced, and liens may be assessed, without the need for additional notice.
(3) Expenses constitute a lien. Whenever the Administrator takes action to bring compliance under this section, the resulting expenses incurred by the town constitute a lien against the property. The lien attaches when notice of the lien is recorded in the office of the Johnson County Recorder. The lien is superior to all other liens except liens for taxes and does not exceed:
(a) Ten thousand dollars for real property that: (a) contains one or more occupied or unoccupied single or double family dwellings or the appurtenances or additions to those dwellings, or (b) is unimproved; or
(b) Twenty thousand dollars for all other real property not described in division (a).
(4) Issuance of bill to owner. According to I.C. 36-1-6-2(b), the Administrator may issue a bill to the owner of the real property for all expenses incurred by the town in bringing the property into compliance, including administrative costs and removal costs. According to I.C. 36-1-6-2(c), a bill issued under this section is delinquent if the owner of the property fails to pay the bill to the Clerk-Treasurer within 30 days after the bill is issued.
(5) Collection of fees and penalties. According to I.C. 36-1-6-2(d), the Clerk-Treasurer's office may prepare a list of delinquent fees and penalties enforceable under this section, including:
(a) The names of the owners of each lot or parcel of real property on which fees or penalties are delinquent;
(b) A description of the premises, as shown on the records of the Johnson County Auditor; and
(c) The amount of the delinquent fees or penalties.
(6) Preparation and recording of instrument. The Clerk-Treasurer's office may then prepare an instrument for each lot or parcel of real property on which fees or penalties are delinquent. The instrument is recorded with the Johnson County Recorder, who charges a recording fee under the fee schedule established in I.C. 36-7-2-10.
(7) Placement of lien on tax duplicate. According to I.C. 36-1-6-2(f), the amount of a lien is placed on the tax duplicate by the Johnson County Auditor. The total amount, including any accrued interest, is collected in the same manner as delinquent taxes are collected and is disbursed to the general fund of the town.
(8) Enforcement of lien against subsequent owner. According to I.C. 36-1-6-2(g), a fee is not enforceable as a lien against a subsequent owner of property unless the lien for the fee was recorded before conveyance to the subsequent owner. If the property is conveyed before the lien is recorded, the town must notify the person who owned the property at the time the fee became payable. The notice must inform the person that payment, including penalty fees for delinquencies, is due not later than 15 days after the date of the notice. If payment is not received within 180 days after the date of the notice, the amount may be considered a bad debt loss.
(9) Release of lien. According to I.C. 36-1-6-2(h), the town releases:
(a) Liens filed with the Johnson County Recorder after the recorded date of conveyance of the property; and
(b) Delinquent fees incurred by the seller;
upon receipt of a written demand from the purchaser or a representative of the title insurance company or agent that issued a title insurance policy to the purchaser. The demand must state that the delinquent fees were not incurred by the purchaser as a user, lessee, or previous owner and that the purchaser has not been paid by the seller for the delinquent fees.
(10) Removal of lien from tax duplicate. According to I.C. 36-1-6-2(i), the Johnson County Auditor removes the fees, penalties, and service charges that were not recorded before a recorded conveyance to a subsequent owner, upon receipt of a copy of the written demand under Subsection I.
(G) Correcting immediate public risk violations.
(1) General requirements. If a condition violating a provision of this chapter presents an immediate risk to public health, safety, or welfare or to property in the town, the Administrator may opt to have employees or contractors of the town enter the property and take immediate action to bring the property into compliance. The Administrator is not required to provide prior notice to the property owner or other person responsible for the violation.
(2) Immediate public risks. Immediate public risk violations may include:
(a) Obstructions. Signs, structures, landscaping, or other materials placed in an easement, sight visibility triangle, or rights-of-way in violation of this chapter;
(b) Distractions. Any sign, structure, landscaping, or other material located on private property that serves to distract or inhibit operators of motor vehicles on adjacent public ways, pedestrians, or other members of the public; and
(c) Other threats. Any other immediate threat to public welfare as determined by the Town Manager or the BZA, based upon the advice and recommendation of the Administrator.
(3) Seizure of materials. Any sign, structure, landscaping, or other material constituting an immediate public risk violation may be seized by the Administrator in a manner resulting in the least damage to the material or the property on which it is located. The town is not required to retain seized landscaping or other materials that are damaged, deteriorated, or in a condition preventing use for the purpose the product was intended or manufactured.
(4) Notice of violation. The Administrator provides notice to the owner of the property, as listed in the records of the Johnson County Auditor, where the violation was located, or any discernible appropriate owner of materials placed within a public way in violation of this chapter, by placing a notice in a conspicuous place on the property and mailing a letter to that property owner. All notice letters are sent to the property owner via certified mail within 24 hours of the seizure. Any notice posted on the property must be posted at the time the material is seized. The letter and posted notice must include:
(a) A description of the materials seized;
(b) A citation of the sections of this chapter that were violated and the characteristics of the violation that posed an immediate threat to public welfare;
(c) The address and phone number of the Administrator and the name of the person to be contacted by the property owner to discuss the violation and request the return of the seized items; and
(d) Instructions describing how, where, and when the seized items may be claimed.
(5) Storage and retrieval of seized materials. The Administrator stores any sign, structure, landscape materials or other items seized in a secure location for a period of no less than 30 days from the date notice was mailed to the property owner. The property owner may claim the seized property following its seizure upon the payment of the fine specified in division (D)(2) and the establishment of a memorandum of agreement between the property owner and Administrator regarding the future use of the item in a manner consistent with this chapter.
(6) Liability. Neither the Administrator, the town, nor any other official or entity involved in the seizure is liable for any damage to the seized materials or the property from which they were taken.
(H) Administrative enforcement.
(1) Provisions that restrict or prohibit actions harmful to the land, air, or water. According to I.C. 36-1-6-9, the town may opt to enforce any provision of this chapter that restricts or prohibits actions harmful to the land, air, or water, through an administrative proceeding before the BZA. The BZA must find that the violation has been proved by a preponderance of the evidence. Upon finding a violation, the BZA may assess a civil penalty within the limits set forth in division (D).
(2) Appeal to court. According to I.C. 36-1-6-9(e), a person who is assessed a civil penalty under this section may appeal the BZA's order imposing the penalty to the Johnson Circuit or Superior Court. An appeal under this section must be filed not more than 60 days after the date on which the BZA enters the order.
(3) Payment of civil penalty. Unless a person who is assessed a civil penalty under this section files an appeal, the person must pay the penalty to the town in a manner authorized by the Clerk-Treasurer. Whenever a person liable for a civil penalty under this section fails to deliver payment to the town within 75 days after the date on which the administrative body enters the order imposing the penalty, the Clerk-Treasurer reports the circumstances to the Administrator for the initiation of appropriate judicial proceedings against the person.
(4) Effect of administrative process. An ordinance violation processed under this section does not constitute a judgment for the purposes of I.C. 33-37. An ordinance violation costs fee may not be collected from the defendant under I.C. 33-37-4.
(Ord. 2022-17, passed 7-19-2022)