The Zoning Administrator shall be appointed by the Plan Commission. The Zoning Administrator shall have the following duties:

   (A)   To administer and enforce the provisions of this chapter in accordance with its literal terms, and shall not have the power to permit any construction or any use, or change of use, which does not conform to this chapter;

   (B)   To issue improvement location permits and certificates of occupancy;

   (C)   To maintain a permanent file of all permits and applications as public records; and

   (D)   To ensure that during his review of improvement location permit applications, that all National Flood Insurance Program regulations, pertaining to state and federal permits, subdivision review, utility construction, record keeping (including lowest floor elevation), and watercourse alteration and maintenance have been met.

(Prior Code, § 153.155) (Ord. 93-02, passed 2-1-1993)

   The Zoning Administrator shall issue improvement location permits in accordance with this section.

   (A)   Except as provided below, an improvement location permit shall be obtained before any person may:

      (1)   Occupy or use any land;

      (2)   Construct, reconstruct, move, alter, or enlarge any structure;

      (3)   Change the use of a structure or land to a different use; or

      (4)   Change a non-conforming use.

   (B)   Improvement location permits are not required for the following:

      (1)   Agriculture (as defined) uses and structures;

      (2)   Water management and use facilities;

      (3)   Yard improvements listed herein;

      (4)   Land preparation activities listed herein;

      (5)   Above-ground swimming pools, hot tubs, and saunas, as specified herein;

      (6)   Storage of major recreational vehicles and trucks, as specified herein;

      (7)   Fences, as specified herein; and

      (8)   Vending machines listed herein.

   (C)   Applications for an improvement location permit shall include the following information:

      (1)   Name and address of the legal owner;

      (2)   Legal description and the street address of the property;

      (3)   A site plan, which includes the following:

         (a)   A scaled drawing showing the property dimensions and lots lines;

         (b)   An arrow indicating north;

         (c)   All adjacent streets, alleys, and roadways;

         (d)   All existing right-of-ways or easements;

         (e)   All entrances and exits on and off the property;

         (f)   The location of all existing and proposed structures, improvements, and paved areas;

         (g)   All existing and proposed bufferyards and landscaping;

         (h)   A drainage and erosion control plan, if required, as specified herein;

         (i)   Parking spaces and design of parking lots; and

         (j)   Elevation of lowest floor (including basement) of all proposed structures located in the special flood hazard area. Elevation should be in National Geodetic Vertical Datum of 1929 (NGVD).

      (4)   The application fee as established by the fee schedule.

   (D)   Improvement location permits shall become null and void one year from the date of issue. If the work described in the improvement location permit has not been substantially completed by the expiration of this time, no further work may proceed unless, and until, a new improvement location permit has been obtained.

   (E)   Within 30 days after the receipt of an application, the Zoning Administrator shall either approve or disapprove the application in conformance with the provisions of this chapter.

      (1)   If the improvement location permit application is approved, the applicant may proceed to secure any other applicable permits (e.g., building permit).

      (2)   If the application is disapproved, the Zoning Administrator shall state the reasons for disapproval in writing, and shall deliver such notice or refusal to the applicant.

(Prior Code, § 153.156) (Ord. 93-02, passed 2-1-1993)

   Prior to occupancy of land or structure for which an improvement location permit was issued, a certificate of occupancy must be obtained to ensure full compliance with the terms of improvement location permit.

(Prior Code, § 153.157) (Ord. 93-02, passed 2-1-1993)

   In case any structure or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained, or used in violation of this chapter, the County Attorney, in addition to other remedies, may institute, in the name of the county, any appropriate action or proceeding to prevent, restrain, correct, or abate such building, structure, or land, or to prevent, in or about such premises, any act, conduct business, or use constituting a violation. All costs therein shall accrue to the person or persons responsible.

(Prior Code, § 153.159) (Ord. 93-02, passed 2-1-1993)

   The Board of County Commissioners may amend this chapter as proposed by a member of the Board of County Commissioners, the Plan Commission or by the owners of 50% or more of the area involved in the petition. Any amendment which has not originated with the Plan Commission may not be acted upon by the Board of County Commissioners until the Plan Commission, in accordance with law, has reviewed such proposal and made a recommendation to the Board of County Commissioners in writing.

   (A)   In its review, the Plan Commission shall make a determination as to whether the proposed amendment is in conformance or conflict with the goals of the County Comprehensive Plan, 1985. The Plan Commission shall also make findings of fact based upon evidence presented to it with respect to the following matters:

      (1)   Existing and proposed uses of land in the general area, and the impact of the proposed amendment on the character of such uses;

      (2)   The trend of development in the general area, including density, traffic conditions, conservation of property values, and availability of public services;

      (3)   The effect of the proposed amendment on implementing the policies of the Comprehensive Plan; and

      (4)   The highest and best use of the property in question.

   (B)   Following receipt of a written recommendation and findings of fact from the Plan Commission, the Board of County Commissioners shall act on such amendment within a reasonable period of time. If the Board of County Commissioners reject or amend such amendment report, then it shall be returned to the Plan Commission for its consideration with a written statement of the reasons for its rejection or amendment.

   (C)   In the event the report of the Plan Commission is adverse to a proposed amendment, the amendment shall not be passed except by an affirmative vote of at least two-thirds of the members of the Board of County Commissioners. If a proposed amendment is rejected by the Board of County Commissioners, it shall not be reconsidered until the expiration of one year after the date of its original rejection by the Plan Commission.

(Prior Code, § 153.160) (Ord. 93-02, passed 2-1-1993)

   Applications and petitions filed pursuant to the provisions of this chapter shall be accompanied by a filing fee. Such fees and deposits shall be set by the Board of County Commissioners, and a schedule shall be kept on file in the office of the Zoning Administrator.

(Prior Code, § 153.161) (Ord. 93-02, passed 2-1-1993)

   Whenever, in the course of administration and enforcement of this chapter, it is necessary to make an administrative decision which is not clearly governed by standards contained herein, such decision shall be made so that the result will not be contrary to the spirit and purpose of this chapter or injurious to the area affected.

(Prior Code, § 153.162) (Ord. 93-02, passed 2-1-1993)

   The Plan Commission shall adopt rules which may not conflict with this chapter, nor the Indiana Code concerning:

   (A)   Improvement location permits, certificates of occupancy, and site plan application and approval procedure;

   (B)   Development Plan application and approval procedure;

   (C)   Zoning text and zone map amendment application, and approval procedure;

   (D)   Enforcement procedure;

   (E)   Hearing Officer procedure; and

   (F)   All other procedures necessary for the proper administration and enforcement of this chapter.

(Prior Code, § 153.163) (Ord. 93-02, passed 2-1-1993)

   (A)   Any person, partnership, or corporation who, or which, shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine not to exceed $1,500. Each day that a violation is continued shall constitute a separate offense.

(Prior Code, § 153.158)

   (B)   All violations of § 155.073(I) shall be punishable by a fine not to exceed $300 per day.

(Prior Code, § 153.051)

(Ord. 93-02, passed 2-1-1993; Ord. 2014-5, passed 6-7-2014)