The Town Council is the legislative and executive branch of town government. The Town Council’s powers and duties with respect to this appendix of the town are as follows:

   A.   Hear and take final action, in its discretion, on the Comprehensive Plan and amendments thereto, the comprehensive zoning ordinance and amendments thereto, PUD ordinances and amendments thereto, and subdivision ordinances and amendments thereto;

   B.   Make appointments, fill vacancies and remove, if appropriate, members of Plan Commission, BZA, Plat Committee and town employees under its jurisdiction, all in accordance with state law;

   C.   The Town Council delegates its authority to name and rename streets to its Plan Commission; and

   D.   Pursuant to I.C. 36-7-4-1015, as the same shall be amended from time to time, the Town Council specifies that written commitments may be required or allowed for proposals submitted pursuant to I.C. 36-7-4-608, as the same shall be amended from time to time, and also for proposals for PUD District ordinances. The procedures for the making, modification or termination of a written commitment for proposals submitted under I.C. 36-7-4-608 and for PUD District ordinances are as follows.

      1.   Creation. A written commitment shall be created by either the petitioner, the Town Council or the Plan Commission.

      2.   Form. A written commitment shall be in written form and included as part of the petition and ordinance for a proposal submitted under I.C. 36-7-4-608 and, in the case of PUD District ordinances, shall be in written form and detailed on the written portion of the PUD District ordinance and also on the plat of development for the PUD District in recordable form acceptable to the office of the Recorder of the county.

      3.   Enforcement. Written commitments as allowed hereunder may be enforceable by the Town Council, its Plan Commission or any property owner within the land covered by a proposal submitted pursuant to I.C. 36-7-4-608 or, in the case of PUD District ordinances, any property owner within the PUD District or any property owner within 300 feet of the preceding. Enforcement by the owners of property within the PUD or property owners within the 300 feet of a PUD District are determined to be classes of specially affected persons who may enforce a written commitment by the seeking of an injunction and/or damages in a court of competent jurisdiction. The Town Council and/or its Plan Commission is also considered a class of specially affected persons who may enforce a written commitment concerning proposals under I.C. 36-7-4-608 or a PUD District ordinance. Additionally, the Town Council or its Plan Commission may, through the Town Attorney, file suit against the offending party in any court of competent jurisdiction seeking a restraining order, temporary or permanent injunction, damages and also a fine of up to $2,500 per day for each violation of an existing written commitment which is deemed to be a violation of this appendix. Finally, no building or occupancy permit shall be issued for land within the PUD District or property under I.C. 36-7-4-608,  while a violation of any written commitment exists.

      4.   Notice and hearing. The notice and hearing required for the granting, amending or termination of a written commitment shall be part of the process for proposals under I.C. 36-7-4-608 and PUD District ordinances. No termination or modification of a written commitment may be had unless a public hearing is held by the Plan Commission, with due notice to all parties located within 300 feet of a proposal pursuant to I.C. 36-7-4-608 or parties located within 300 feet of the PUD District and given at least ten days before the day set for the hearing. The rules of the Plan Commission shall apply in determining how notice is to be given to interested parties and who is required to give that notice.

      5.   Recording.

         a.   All written commitments made pursuant to the town code shall be recorded in the office of the County Recorder and take effect upon approval of the proposal. Unless a commitment is modified or terminated in accordance with the procedures specified in this appendix, a commitment is binding upon:

            1.   The owner of the parcel;

            2.   A subsequent owner of the parcel; and

            3.   A person who acquires an interest in the parcel.

         b.   An unrecorded commitment is binding upon the owner of the parcel. An unrecorded commitment is binding on a subsequent owner of the parcel or a person acquiring an interest in the parcel only if the subsequent owner or the person acquiring the interest has actual notice of the commitment.

      6.   Validity. No written commitment shall affect the validity of any covenant, easement, equitable servitude or other land use restriction in accordance with the law.

   E.   The Town Council shall also have all other powers and duties as allowed by state law.

   A.   Establishment. The Plan Commission is hereby reestablished pursuant to I.C. 36-7-4-202, as the same shall be amended from time to time.

   B.   Composition, jurisdiction and appointment. The Plan Commission shall consist of seven members whose jurisdiction, appointment and term shall be as set forth in I.C. 36-7-4-200 et seq., as the same shall be amended from time to time.

   C.   Organization. At the first meeting of each year, the Plan Commission shall elect a President and a Vice-President from among its members, and it may appoint and affix the compensation of a Secretary and such employees as are necessary for the discharge of its duties, all in conformity to and compliance with the salaries and compensation fixed by the Town Council.

   D.   Rules of procedure. The Plan Commission shall adopt rules concerning the filing of all petitions before it, the giving of notice, the conducting of hearings, and all other matters within its jurisdiction. The rules of practice and procedure of the Plan Commission are attached to this appendix as an appendix. These rules may be changed at any time by the Plan Commission by a majority vote of the entire membership without the necessity of a public hearing being held. Any such changes will automatically be deemed a change in this appendix.

   E.   Meetings and records. All meetings of the Plan Commission shall be open to the public, unless executive sessions are conducted in accordance with state law. The Plan Commission shall keep minutes of its meetings and all official actions, prepare written findings of fact when required, and record the vote of each member voting upon each question. All minutes and records shall be filed at the office of the Clerk-Treasurer and shall be public records.

   F.   Powers and duties. The Plan Commission shall have the following powers and it shall be its duty to:

      1.   Make recommendations to the Town Council concerning:

         a.   The adoption of a Comprehensive Plan and amendments to the Comprehensive Plan;

         b.   The adoption or text amendment of:

            1.   An initial zoning ordinance;

            2.   A replacement zoning ordinance; and

            3.   A subdivision control ordinance.

         c.   The adoption or amendment of a PUD District ordinance; and

         d.   Zoning map changes.

      2.   Render decisions concerning and approve plats, replats and amendments to plat subdivisions under I.C. 36-7-4-700 et seq., as the same shall be amended from time to time;

      3.   The Plan Commission:

         a.   Shall assign street numbers to lots and structures;

         b.   Shall renumber lots and structures; and

         c.   Shall name and rename streets.

      4.   The Plan Commission shall also have all other powers given to it by the Town Council in ordinances and specifically has the power to file suit to enforce violation of its zoning and/or subdivision ordinances and all decisions made by it, and written commitments as set forth in this section and pursuant to I.C. 36-7-4-1014, as the same shall be amended from time to time; and

      5.   The Plan Commission shall also have all other powers and duties as allowed by state law.

   A.   Establishment. The town’s Advisory Board of Zoning Appeals (hereafter “BZA”) is hereby reestablished in accordance with I.C. 36-7-4-900, as the same shall be amended from time to time.

   B.   Composition, jurisdiction and appointment. The BZA shall consist of five members whose jurisdiction, appointment and terms shall be as set forth in I.C. 36-7-4-900 et seq., as the same shall be amended from time to time.

   C.   Organization. At the first meeting of each year, the BZA shall elect a Chairperson and a Vice-Chairperson from among its members, and it may appoint and fix the compensation of a Secretary and such employees as are necessary for the discharge of its duties, all in conformity to and compliance with the salaries and compensation thereto fixed by the fiscal body.

   D.   Rules of procedure. The BZA shall adopt rules concerning the filing of appeals, the application for variances, special exceptions, conditional uses, the giving of notice, the conducting of hearings and all other matters within its jurisdiction. The rules of practice and procedure of the BZA are attached to this appendix as an appendix. These rules may be changed at any time by the BZA by a majority vote of the entire membership without the necessity of a public hearing being held. Any such changes will automatically be deemed a change to this appendix.

   E.   Meetings and records. All meetings of the BZA shall be open to the public, unless executive sessions are conducted in accordance with Indiana law. The BZA shall keep minutes of its meetings and all other official actions, prepare written findings of fact, and record of the vote of each member voting upon each question. All minutes and records shall be filed in the office of the Clerk-Treasurer and shall be public records.

   F.   Appeals. Any order, requirement, decision or determination by an administrative official or a staff member may be appealed to the BZA by any person claiming to be adversely affected by such an order, decision or determination.

   G.   Powers and duties. The BZA shall have the following powers and it shall be its duty to:

      1.   Hear and determine appeals from and review any order, requirement, decision or determination made by an administrative official or staff member made in relation to the enforcement of the zoning ordinance, subdivision ordinance and the enforcement of the building and occupancy permits as adopted under I.C. 36-7 et seq. and all sections therein applicable;

      2.   In exercising its powers, the BZA may reverse or affirm, wholly or partly, or may modify any order, requirement, decision or determination appealed from as in its opinion ought to be done in the premises and to that end shall have all the powers from whom the appeal is taken;

      3.   Hear and approve or deny variances from the development standards of the zoning ordinance. A development standard variance may be approved by the BZA only upon a determination in writing that:

         a.   The approval will not be injurious to the public health, safety, morals and general welfare of the community;

         b.   The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and

         c.   The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property.

      4.   Hear and approve or deny variances of use from the terms of this appendix. A use variance may be approved by the BZA only upon a determination in writing that

         a.   The approval will not be injurious to the public health, safety, morals and general welfare of the community;

         b.   The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;

         c.   The need for the variance arises from some condition peculiar to the property involved;

         d.   The strict application of the terms of this appendix will constitute an unnecessary hardship if applied to the property for which the variance is sought; and

         e.   The approval does not interfere substantially with the Comprehensive Plan adopted under the 500 Series of I.C. 36-7-4.

      5.   Hear and approve or deny special exceptions only where specifically allowed in Table A of § 505 of this appendix. There shall be no cases or application therefore nor any particular situation in which this appendix authorizes special exceptions without the approval of the BZA. Further, no previous application shall set a precedent for any other applications before the BZA. The BZA may grant a special exception for a use in a zoning district if, after a public hearing, it makes findings of facts in writing, that:

         a.   The requirements and development standards for the requested use as prescribed in this appendix will be met;

         b.   The special exception shall be designed so that it can be constructed, operated and maintained in a manner harmonious with the character of adjacent property in the surrounding area;

         c.   The special exception shall not inappropriately change the essential character of the surrounding area;

         d.   The special exception shall not interfere with the general enjoyment of adjacent property;

         e.   The special exception shall represent an improvement to the use or character of the property under consideration and the surrounding area in general, it shall also be in keeping with the natural environment of the site; and

         f.   The special exception shall not be hazardous to adjacent properties, or involve uses, activities, materials or equipment which be detrimental to the health, safety or welfare of persons or property through the excessive production of traffic, noise, smoke, odor, fumes or glare.

            1.   The BZA may impose such reasonable conditions upon approval of variances, special exceptions, conditional uses and home occupations as it deems necessary in order that the findings of fact it makes will be served.

            2.   The BZA may permit or require the owner of the parcel of property to make written commitments concerning the use or development of the property as specified under I.C. 36-7-4-1015, as the same shall be amended from time to time. A commitment may be modified or terminated only by a decision of the BZA made at a public hearing after notice pursuant to BZA rules.

            3.   A use authorized by any special exception may not be expanded, extended or enlarged unless authorized by the BZA under the procedures for granting a special exception.

            4.   A special exception granted for a specific use ceases to be authorized and is void if that use is not established within a 12-month period of the date the special exception was granted, or if that use is discontinued at that site for a six-month period during which time it is not succeeded by the same use specifically authorized as a special exception.

            5.   The application for a special exception and the steps to petition for one, including a preliminary and public hearing, shall be the same as those for a variance.

            6.   A variance or  special exception granted by the BZA may be terminated by the BZA on its own motion or upon the filing of an application therefore by an interested person or a member of the staff or Plan Commission and, upon a finding made at a public hearing with ten days notice given to the property owner for which the variance or special exception was given, that the terms of this appendix or conditions of approval or written commitments have not been complied with.

               A.   Conflict of interest. A member of the BZA may not participate in a hearing or decision of the BZA concerning a matter in which he has a direct or indirect financial interest or for other reasons brought to the attention of the BZA and which disqualification is approved by the BZA. The BZA shall enter in its records the fact that a regular member has such a disqualification and the name of the alternate member, if any, who participates in the hearing or decision. Said alternate member, if any, shall be appointed by the authority of the appointing body of the regular member who has been disqualified. Communication with BZA members by any person with intent to influence action prior to a hearing or decision regarding matters pending before the BZA is prohibited. However, the staff may file with the BZA a written statement setting forth any facts or opinions relating to the matter.

               B.   Powers and duties. The BZA also shall have all other powers and duties as allowed by state law.

   For purposes of state law, the staff of the Plan Commission and BZA shall be the department heads of the town, which include its Building Commissioner, Police Chief, Fire Chief, Street Commissioner, Utility Superintendent, Park Superintendent and Town Engineer.

   The town’s Building Commissioner, in addition to other powers and duties set forth in the town code, shall serve as the zoning administrator to enforce the zoning and subdivision ordinances of the town. He or she is charged with the enforcement of all town, state and federal laws, and regulations pertaining to the erection, construction, alteration, repair or removal of buildings and other structures in the town or pertaining to the use and occupancy of real estate in said town. The Building Commissioner, upon believing that any of the provisions of the town code are being violated, may notify in writing the person responsible for such violations, ordering the action necessary to correct such violations. Additionally, the Building Commissioner has responsibility for review and issuance of all building permits, inspection of buildings, structure and uses of land to determine compliance with the terms of the town code and also for temporary occupancy permits and permanent occupancy permits. The town’s Building Commissioner is responsible for the maintenance of permanent and current zoning records including, but not limited to, all plat maps, plats, Mylars, PUD District ordinances and plats, special exceptions, conditional use permits, amendments to this appendix, variances, appeals and applications therefor. Finally, the Building Commissioner shall perform all other duties as permitted by law and are assigned to him or her by the Town Council.

   The Town Attorney is legal advisor to all of the town boards including the Plan Commission, BZA and Plat Committee. The Town Attorney shall advise said boards and also be responsible for legal enforcement of the town code, including this appendix.