It shall be the duty and right of the Planning Director to enforce the provisions of this chapter in the manner and form and with the powers provided by this chapter and the laws of the state. The Planning Director or his/her designee, subject to the procedures, standards, and limitations of this chapter may, by written order, render interpretations, including use interpretations, of the provisions of this chapter and of any rule or regulation issued pursuant to it.

   (A)   Plan Commission.

      (1)   Establishment. There is hereby established an Advisory Plan Commission as authorized by I.C. 36-7-4-200.

      (2)   Membership. As prescribed by I.C. 36-7-4-200 et seq., membership of the Crawfordsville Advisory Plan Commission is as follows:

         (a)    One member appointed by the city legislative body from its membership.

         (b)    One member appointed by the park board from its membership.

         (c)    One member or designated representative appointed by the City Works Board.

         (d)    The city civil engineer or a qualified assistant appointed by the City Civil Engineer.

         (e)    Five citizen members, of whom no more than three may be of the same political party, appointed by the city executive.

         (f)   Two additional citizen members who must reside in the unincorporated area and are not of the same political party, appointed by the executive of the county.

      (3)   Terms. As prescribed by I.C. 36-7-4-200 et seq., all citizen members shall serve four- year terms while all required members shall be appointed for one-year terms.

      (4)   Powers and duties. The powers and duties of the Crawfordsville Advisory Plan Commission shall be in accordance with I.C. 36-7-4-400 et seq.

   (B)   Board of Zoning Appeals.

      (1)   Establishment. There is hereby established a single division Board of Zoning Appeals (BZA) as authorized by I.C. 36-7-4-900.

      (2)    Membership. The BZA shall consist of five voting members, as follows;

         (a)   Three citizen members appointed by the Mayor, one of who must be a member of the Plan Commission while the other two must not be members of the Plan Commission.

         (b)   One citizen member appointed by the Council, who must not be a member of the Plan Commission.

         (c)   One citizen member appointed by the Plan Commission, who must be a member of the Plan Commission other than the member appointed under (1) above.

      (3)    Terms. After the initial terms established by I.C. 36-7-4-900, the terms of the BZA members shall be for four years. There are no term limits for BZA members.

      (4)    Powers and duties. The duties of the BZA are specifically governed and enumerated by I.C. 36-7-4-900. Generally, the BZA shall consider petitions for appeals, special exceptions and variances.

   (C)   Technical Advisory Committee.

      (1)   Establishment. A Technical Advisory Committee (TAC), also referred to as the pre- development committee, is hereby established to assist the Plan Commission in the review of development plans for technical conformity. A TAC meeting is required for any new commercial development, major subdivisions, and other large scale residential developments. A TAC meeting may be required for commercial remodels or additions from time to time, in which case the Planning Director shall determine if a TAC meeting is required on a case-by-case basis. Because the TAC is strictly a committee and does not have the authority to take any official action, the Committee shall not be bound to holding public meetings.

      (2)   Membership. Committee membership shall be at the request of the Planning Director. The Planning Director may request the assistance of members of public and semi-public local and state departments, agencies and organizations, including, but not limited to:

         (a)   Planning Director, Chairman;

         (b)   Street Commissioner;

         (c)   City Engineer;

         (d)   Wastewater Director;

         (e)   Police Chief;

         (f)   Fire Chief;

         (g)   Other Utility providers as identified by the Plan Commission;

         (h)   County employees as needed in the two-mile extra-jurisdictional territory;

         (i)   County sanitarian;

         (j)   MS4 representative;

         (k)   Building Inspector; and

         (l)   Any other person(s) deemed appropriate by the Plan Commission.

      (3)   Duties.

         (a)   The Technical Advisory Committee shall limit its attention and recommendation to the design and construction aspects of the proposed development or subdivision with emphasis placed on public improvements, utilities, drainage, parking and other development standards. Projects shall be reviewed for compliance to the Zoning Ordinance and compatibility with the Comprehensive Plan prior to:

            1.   The establishment of any use of land;

            2.   The issuance of any improvement location permit/building permit;

            3.   The erection of any structure; and

            4.   Any other substantial site improvements.

         (b)   The Technical Advisory Committee shall provide written recommendations pertaining to technical aspects of the design and construction plans; approval or disapproval of a development or subdivision is clearly the responsibility of the Plan Commission.

         (c)   The Technical Advisory Committee shall have the authority to request that a docket be continued or tabled by the Plan Commission until the Committee has reviewed revised plans submitted by the petitioner(s).

   (D)   Plat Committee.

      (1)   Establishment. The Commission hereby delegates to a Plat Committee, as established by I.C. 36-7-4-701(e), authority to grant secondary approval, unless by the written primary approval, the Commission specifically reserves the right to make secondary approval based on circumstances deemed necessary by the Commission.

      (2)   Membership. The Plat Committee shall be composed of five members who shall be the City Planning Director, the City Engineer, the manager of the City Storm Water Utility, the President of the Plan Commission and one other member of the Planning Commission. The President of the Plan Commission shall serve as the Chairman of the Plat Committee.

(Ord. 4-2009, passed 3-9-09)

   The Board of Zoning Appeals (BZA) shall hear and make decisions on appeals. Appeals shall be classified into two types: administrative appeals which shall concern any order, requirement, decision, or determination made by the Planning Director; and non-conforming situation appeals which shall concern any extension, expansion, relocation or change of any lawful non-conforming situation.

   (A)   Application process. The petition process for both appeal types is as follows:

      (1)   Appeals shall be applied for in writing on a form provided by the Plan Commission.

      (2)   Every petition for an appeal shall be accompanied by the following:

         (a)   All applicable fees;

         (b)   A list of affected parties;

         (c)   A legal description of the property; and

         (d)   A site sketch, not necessarily drawn to scale, on plain paper no smaller than 8 1/2 x 11 inches, showing:

            1.   All existing structures;

            2.   All property boundaries;

            3.   All adjacent rights-of-way;

            4.   All utility easements and facilities, including but not limited to, telephone, gas, fire hydrants, and the like;

            5.   All driveways and parking spaces; and

            6.   Any other information the Planning Director may require.

      (3)   The BZA shall hear and determine all appeal petitions during a public hearing, consistent with I.C. 36-7-4-920.

      (4)   The disposition of the appeal shall be by an affirmative vote of the BZA and shall be covered by BZA rules of procedure adopted by resolution.

   (B)   Administrative appeals findings of fact. An administrative appeal decision may be approved only upon a written finding of fact that:

      (1)   The Planning Director acted outside the authority of the position.

      (2)   The Planning Director acted arbitrarily and capriciously.

      (3)   The Planning Director acted on incomplete, insufficient or inaccurate information.

   (C)   Non-conforming situation findings of fact. A nonconforming situation appeal may be approved only upon a written finding of fact that:

      (1)   The literal enforcement of this chapter will result in an unnecessary hardship if applied to the property for which the appeal is sought.

      (2)   The request for the appeal is because of unique characteristics of the property involved.

      (3)   Approval of the appeal will preserve the land use of the property and character of the neighborhood.

      (4)   Approval of the appeal will observe the spirit of this chapter.

      (5)   The approval of the appeal will conform to the comprehensive plan.

   (D)    Nonconforming situation appeal conditions. When approving nonconforming situation appeals, the BZA may impose reasonable conditions as a part of its approval.

(Ord. 4-2009, passed 3-9-09)

   The BZA shall hear and determine special exception petitions.

   (A)   General. The BZA shall hear and determine special exception petitions.

   (B)   Application process. The petition process for a special exception is as follows:

      (1)   A special exception shall be applied for in writing on a form provided by the Plan Commission.

      (2)   Every petition for a special exception shall be accompanied by the following:

         (a)   All applicable fees, as established by the official fee schedule;

         (b)   A list of affected parties;

         (c)   A legal description of the property; and

         (d)   A site sketch, not necessarily drawn to scale and on plain paper no smaller than 8 1/2 x11 inches, showing:

            1.   All existing structures;

            2.   All property boundaries;

            3.   All adjacent streets and/or alleys;

            4.   All utility easements and facilities, such as telephone poles, gas meters, fire hydrants, and the like;

            5.   All driveways and parking spaces; and

            6.   Any other data the Planning Director may require.

      (3)   If the special exception petition is for a home occupation, a supplemental information form provided by the Plan Commission shall also accompany the petition giving specific details about the business activity.

      (4)   The BZA shall hear and determine all special exception petitions during a public hearing.

      (5)   The disposition of the special exception shall be by an affirmative vote of the BZA. The disposition of the petition shall be covered by BZA rules of procedure adopted by resolution.

   (C)    Findings of fact. A special exception may be approved only upon written findings of fact that:

      (1)   The special exception is listed as such in the official schedule of uses.

      (2)   The special exception will not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons.

      (3)   If the special exception is for a manufacturing or industrial/processing facility, the petition will comply with all of the performance standards of § 153.070 of this chapter.

      (4)   The special exception will be sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties.

      (5)   The special exception will produce a total visual impression and environment, which is consistent with the environment of the neighborhood.

      (6)   The special exception will organize vehicular access and parking to minimize traffic congestion in the neighborhood.

      (7)   If the special exception is for a home occupation, the petition will comply with all the requirements of § 153.077 of this chapter.

      (8)   The special exception will preserve the purposes of this chapter.

   (D)    Conditions. When approving special exceptions, the BZA may impose reasonable conditions as a part of its approval.

(Ord. 4-2009, passed 3-9-09)

   (A)    General. The BZA shall hear and determine variance petitions from the requirements of this chapter. Variances shall be classified into two types: use variances which shall concern the granting of uses within a zoning district that are not permitted by right or by special exception within that zoning district; and development standard variances which shall concern the reduction of minimum development standards or the increase of maximum development standards. Additional conditions are established for variances within the Special Flood Hazard Area, as well as height restrictions.

   (B)   Application process. The petition process for both variance types is as follows:

      (1)   A variance petition shall be applied for in writing on a form provided by the Plan Commission. A combination of a use and development standard variance may be applied for in one petition, although the BZA may consider the requests separately.

      (2)   Every petition for a variance shall be accompanied by the following:

         (a)   All applicable fees;

         (b)   A list of affected parties;

         (c)   A legal description of the property, and

         (d)   A site sketch, not necessarily drawn to scale and on plain paper no smaller than 8 1/2 x 11 inches, showing:

            1.   All existing buildings and/or structures;

            2.   All property boundaries;

            3.   All adjacent streets and/or alleys;

            4.   All utility easements and facilities, such as telephone poles, gas meters, fire hydrants, and the like;

            5.   All driveways and parking spaces; and

            6.   Any other information the Planning Director may require.

      (3)   The BZA shall hear and determine all variance petitions during a public hearing.

      (4)   The disposition of the variance petition shall be by an affirmative vote of the BZA. The disposition of the petition shall be covered by BZA Rules of Procedure adopted by resolution.

   (C)   Use variance findings of fact. A use variance may be approved only upon written findings of fact that:

      (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 need for the variance arises from some condition peculiar to the property involved;

      (4)   The need for the variance was not self-created;

      (5)   The strict application of the terms of this chapter will constitute an unnecessary hardship if applied to the property for which the variance is sought; and

      (6)   The approval does not interfere substantially with the comprehensive plan.

   (D)   Use variance conditions. When approving use variances, the BZA may impose reasonable conditions as a part of its approval.

    (E)   Development standard variance findings of fact. A development standard variance may be approved only upon written findings of fact that:

      (1)   The approval will not be injurious to the public health, safety, morals, and general welfare of the community.

      (2)   The need for the variance was not self-created.

      (3)   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

      (4)    The strict application of the terms of this chapter will result in practical difficulties in the use of the property.

(Ord. 4-2009, passed 3-9-09)

   The site development plan review process is intended to promote the safe and efficient use of land, to protect property values, and to ensure for an orderly development pattern in accordance with the Comprehensive Plan.

   (A)   Authority. The Plan Commission shall have the exclusive authority to review and approve or disapprove all development plans required by this chapter. The Plan Commission may delegate development plan review to the Technical Advisory Committee or the Planning Director as established in the Plan Commission Rules of Procedure.

   (B)   Parties entitled to development plan review. The owner or lessee of a property or other person having a legal or equitable interest in the subject property may file an application for development plan review with the Planning Director. Special exception uses must first be approved by the Board of Zoning Appeals before consideration for development plan review.

   (C)   Site development plan requirements. A development plan at a scale of not more than one inch equals 100 feet shall be required. Standard engineering symbols shall be used, with a legend or explanation of all symbols provided on all submitted drawings. The development plan shall be of a size not less than 17 inches x 21 inches nor more than 30 inches x 36 inches; except that when the plat at the scale of one inch equals 100 feet requires more than the acceptable sheet size, the plan may be drawn at a scale of up to one inch equals 200 feet. The development plan shall show the following:

      (1)   Petitioner’s name, address, and proof of interest in the property;

      (2)   The owners name and address (if different than the applicant), and the owner’s consent to the filing of the petition;

      (3)   The street address of the subject property;

      (4)   The zoning classification and present use of the property;

      (5)   General vicinity map;

      (6)   Property boundaries including easements;

      (7)   Elevation marks and contours;

      (8)   Traffic and pedestrian circulation plan;

      (9)   Adjacent streets;

      (10)   Parking and loading plan (may be waived by the Plan Commission if not applicable);

      (11)   Grading and surface plan;

      (12)   Utility plan;

      (13)   Signage plan (may be waived by the Plan Commission if not applicable);

      (14)   Lighting plan (may be waived by the Plan Commission if not applicable);

      (15)   Open space and recreation plan (may be waived by the Plan Commission if not applicable);

      (16)   Refuse and trash storage areas, including elevations and building materials;

      (17)   Floor plans and building elevations for all structures (may be waived by the Plan Commission if not applicable);

      (18)   Development summary including lot area, building square footage, lot coverage, number and size of dwelling units and structures, number of parking spaces; and

      (19)   Any other information deemed necessary by the Planning Director.

    (D)   Site development plan review process.

      (1)   Pre-application meeting. All petitioners requiring development plan review shall be required to attend a pre-application meeting with the Planning Director. The purpose of the pre- application meeting is to acquaint the petitioner with the development review process and the requirements of the submittal. Neither the petitioner nor the city is bound by any decisions made during a pre-application meeting.

      (2)   Application. Petitions for development plan review shall be applied for in writing on a form provided by the Plan Commission. Every petition for a development plan review shall be accompanied by the following:

         (a)    All applicable fees;

         (b)    A legal description of the property;

         (c)    A site development plan as prescribed by this chapter.

      (3)    Determination of a complete application. The Planning Director shall make a determination of the completeness of an application.

      (4)    Circulation of relevant documents. Upon receipt of a properly completed application, the Planning Director shall circulate copies of the application to all necessary departments and agencies for their review and comment.

      (5)   Technical Advisory Committee review. If necessary, the TAC shall meet to review all development plans in a meeting with the petitioner. The goal of the meeting is to allow the petitioner to discuss the project with the Planning Director and other necessary departments and agencies prior to review by the Plan Commission and revise the development plan if necessary pursuant to the comments of the Planning Director and the TAC members. A report of this meeting shall be included in the Plan Commission packets.

      (6)   Plan Commission. The Plan Commission shall consider all development review plans in a public hearing. The disposition of the development plan review petition shall be by an affirmative vote of the Plan Commission. The disposition of the petition shall be covered by Plan Commission Rules of Procedure adopted by resolution.

      (7)   Conditions. The Plan Commission may impose reasonable conditions on the approval of a development plan.

(Ord. 4-2009, passed 3-9-09)

   (A)   Required permit. A building permit may be issued by the Planning Director for the following:

      (1)   Single-family residential dwellings;

      (2)   Two-family residential dwellings;

      (3)   Multi-family residential dwellings;

      (4)   Room additions, residential and non-residential structures;

      (5)   Barns, garages, and other post frame construction;

      (6)   Non-residential structures, principle and accessory buildings; and

      (7)   Condominium developments.

   (B)   General. The issuance of a building permit cannot substitute for or supersede the requirement of the issuance of an occupancy permit before the occupation of any building or structure. The issuance of a building permit does not waive any requirement of any pertinent municipal, county, state or federal ordinance, rule, regulation or law.

   (C)   Application process. With the exception of condominium projects, the application process for all other building permits is as follows:

      (1)   A building permit shall be applied for in writing on a form provided by the Plan Commission.

      (2)   Every application for a building permit shall be accompanied by a site plan drawn to scale (or with sufficient dimensions labeled to determine scale) and on plain paper no smaller than 8 1/2 x11 inches, showing:

         (a)   Lot size;

         (b)   All property boundaries;

         (c)   All adjacent streets and/or alleys;

         (d)   The ground area of the building or structure;

         (e)   The building set back lines;

         (f)   The number of stories or the height of building or structure;

         (g)   A sidewall diagram;

         (h)   The use to be made of the building or structure or land;

         (i)   The location of all easements and rights-of-way;

         (j)   The location and elevation of all signs;

         (k)   All driveway and parking spaces (with dimensions);

         (l)   The location of any streams, ponds or other water bodies;

         (m)   The location of well and septic systems, if applicable; and

         (n)   All other information required by the Planning Director.

      (3)   Upon receipt of an application for a building permit, the Planning Director shall review said application for completeness. If the application is found to be complete, the application shall then be processed per the provisions of this section. If the application is found to be incomplete, the Planning Director shall send to the applicant a written notice of the specific ways in which the application is deficient, including appropriate references to the applicable sections of this chapter.

   (D)   Review. In his or her review of a complete application for a building permit, the Planning Director shall:

      (1)   Issue the building permit if the proposed structure, improvement or use of land ands its location is shown to conform in all respects to the comprehensive plan, this chapter, and/or an official order from the BZA; and all other local, state and federal requirements; or

      (2)   Reject the building permit if the proposed structure, improvement or use of land and its location fails in any way to conform with the comprehensive plan, this chapter, and/or an official order from the BZA; and all other local, state and federal requirements; and

      (3)   In either case, the Planning Director shall notify the applicant of the decision, as follows:

         (a)   In case of an approval, a validated building permit shall be returned to the applicant, or

         (b)   In case of a rejection, the Planning Director shall notify the applicant, in writing, specifying the deficiencies of the building permit application and advising that the Planning Director’s decision may be appealed in accordance with § 153.121, Administrative Appeal.

   (E)   Permit modifications. Modifications to an approved building permit are classified as minor, BZA, or major and are permitted as follows:

      (1)   The applicant of a building permit requesting approval of modifications shall submit a written request for such approval to the Planning Director, and the request shall specify all modifications.

      (2)   The Planning Director shall determine which category the request falls under. The Planning Director shall notify the applicant in writing of such determination or approval. If the applicant disagrees with such determination, the decision may be appealed to the BZA.

      (3)   Minor modifications. Insignificant deviations and minor design changes to a building permit are permissible and the Planning Director shall authorize such modifications. For purposes of this section, an insignificant deviation or minor design modification is permissible if it has no discernible impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.

      (4)   BZA modifications. If the request for modifications concern or require an official order of the BZA, such improvement shall immediately stop and the request shall be processed as a petition to the BZA, including the payment of all required fees.

         (a)   If the modification is approved, the Planning Director shall notify the applicant in writing of the BZA decision and the improvement may continue as modified.

         (b)   If the modification is denied, the Planning Director shall revoke the original building permit per § 153.134 (D).

      (5)   Major modifications. All other requests for modifications of a building permit shall be major and the Planning Director shall revoke the original building permit according to § 153.134(D). The new request shall be processed as a new building permit application.

      (6)   In any of the modification categories set forth in this chapter, the applicant retains the right to withdraw the request for a modification at any time by notifying the Planning Director, in writing, of such decision. The improvement may then proceed in accordance with the originally issued building permit.

   (F)   Building permits for condominium projects. A building permit may be issued only upon the approval of the Declaration and the plan of improvements by the Planning Director and City Engineer.

(Ord. 4-2009, passed 3-9-09)

   (A)   Required permit. An improvement location permit may be issued by the Planning Director for the following:

      (1)   Building remodels;

      (2)   Decks;

      (3)   Pools;

      (4)   Fences;

      (5)   Sheds; and

      (6)   Driveways.

   (B)   Exceptions. The following structures, improvements or uses of land do not require an ILP:

      (1)   Public utility lines and supports.

      (2)   Non-public, private playground equipment, including swing sets, playhouses, tree houses, sand boxes, slides, and other similar equipment.

      (3)   Lawn decorations, including bird feeders, flower boxes, fountains, and other similar structures.

      (4)   Private television satellite dishes.

   (C)    General. The issuance of an ILP cannot substitute for or supersede the requirement of the issuance of a building permit before the construction of any building or structure. The issuance of an ILP does not waive any requirement of any pertinent municipal, county, state or federal ordinance, rule, regulation or law.

   (D)   Application process. The application process for an ILP is as follows:

      (1)   An ILP shall be applied for in writing on a form provided by the Plan Commission. Every application for an ILP shall be accompanied by a site plan drawn to scale (or with sufficient dimensions labeled to determine scale) and on plain paper no smaller than 8 1/2 x 11 inches, showing;

         (a)   All property boundaries;

         (b)   All adjacent streets and/or alleys;

         (c)   The ground area of the building or structure;

         (d)   The building set back lines;

         (e)   The number of stories or the height of building or structure;

         (f)    The use to be made of the building or structure or land;

         (g)   The location and elevation of all signs;

         (h)   All driveway and parking spaces (with dimensions); and

         (i)   All other information required by the Planning Director.

      (2)   Upon receipt, the Planning Director shall review an improvement location permit for its completeness. If the application is found to be complete, the application shall then be processed accordingly. If the application is found to be incomplete, the Planning Director shall send written notice to the applicant of the specific ways in which the application is deficient, including appropriate references to the applicable sections of this chapter.

   (E)   Review. In his or her review of a complete application for an improvement location permit (ILP), the Planning Director shall:

      (1)   Issue the ILP if the proposed structure, improvement or use of land ands its location is shown to conform in all respects to the comprehensive plan, this chapter, and/or an official order from the BZA; and all other local, state and federal requirements; or

      (2)   Reject the ILP if the proposed structure, improvement or use of land and its location fails in any way to conform with the comprehensive plan, this chapter, and/or an official order from the BZA; and all other local, state and federal requirements; and

      (3)   In either case, the Planning Director shall notify the applicant of the decision, as follows:

         (a)    In case of an approval, a validated ILP shall be returned to the applicant; or

         (b)    In case of a rejection, the Planning Director shall notify the applicant, in writing, specifying the deficiencies of the ILP application and advising that the Planning Director’s decision may be appealed in accordance with § 153.121.

   (F)    Permit modifications. Modifications to an approved improvement location permit (ILP) are classified as minor, BZA, or major and are permitted as follows:

      (1)   Request by applicant. The applicant of an ILP requesting approval of modifications shall submit a written request for such approval to the Planning Director, and the request shall specify all modifications.

      (2)    Planning Director determination. The Planning Director shall determine, within two working days of receiving the request, which category set forth below in divisions (3), (4) or (5) the request falls under. The Planning Director shall notify the applicant in writing of such determination or approval within such two-day period. If the applicant disagrees with such determination, the decision may be appealed to the BZA.

      (3)   Minor modifications. Insignificant deviations and minor design changes to an ILP are permissible and the Planning Director shall authorize such modifications. For purposes of this Section, an insignificant deviation or minor design modification is permissible if it has no discernible impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.

      (4)   BZA modifications. If the request for modifications concern or require an official order of the BZA, such improvement shall immediately stop and the request shall be processed as a petition to the BZA, including the payment of all required fees.

         (a)   If the modification is approved, the Planning Director shall notify the applicant in writing of the BZA decision and the improvement may continue as modified.

         (b)   If the modification is denied, the Planning Director shall revoke the original ILP according to § 153.134( D), Approval Revocation.

      (5)   Major modifications. All other requests for modifications to an ILP shall be major and the Planning Director shall revoke the original ILP according to § 153.134(D). Approval Revocation. The new request shall be processed as a new ILP application.

      (6)   Applicants ability to withdraw the request. In any of the modification categories set forth in this chapter, the applicant retains the right to withdraw the request for a modification at any time by notifying the Planning Director, in writing, of such decision. The improvement may then proceed in accordance with the originally issued ILP.

(Ord. 4-2009, passed 3-9-09)

   (A)   General. No occupancy or use shall take place on platted or unplatted land until a certificate of occupancy is issued by the Planning Director. The certificate of occupancy is intended to certify that improvements made according to an approved ILP/building permit were actually completed.

   (B)   Review. Once an improvement is made according to an approved ILP/building permit, but prior to its occupancy or use, the applicant shall notify the Building Inspector that a certificate of occupancy permit is requested. Within three working days of the certificate of occupancy permit request, the Building Inspector, or his or her designee, shall determine, through a physical inspection, whether the structure, improvement or use of land is in total compliance with the issued ILP and either:

      (1)   Approve. Approve the certificate of occupancy it the structure, improvement or use of land and its location conforms in every respect to the approved ILP, and return the validated certificate of occupancy to the applicant; or

      (2)   Reject. Reject the certificate of occupancy if the structure, improvement or use of land and its location fails in any way to conform to the approved ILP, and notify the applicant, in writing, specifying the reasons for the rejection, including specifying the areas of the completed development that are inconsistent with the approved ILP, and advising that the Planning Director’s decision may be appealed in accordance with § 153.121. In addition, the Planning Director shall proceed with the enforcement proceedings.

(Ord. 4-2009, passed 3-9-09)

   No change of occupancy shall take place in an existing building until a change of occupancy permit is issued by the Building Inspector and approved by the Fire Inspector.

(Ord. 4-2009, passed 3-9-09)

   (A)   General. The Planning Director, or his or her designee, is hereby delegated to approve the assignment of street numbers to lots and structures; and to number or renumber lots and structures.

   (B)   Application process. The application process for an address designation shall be as follows:

      (1)   All address designations shall be applied for in writing on a form provided by the Plan Commission.

      (2)   Every application for an address designation shall be accompanied by the following:

         (a)    All applicable fees, as established by the official fee schedule.

         (b)    A site sketch, not necessarily drawn to scale, showing all existing and proposed buildings or structures. Addresses shall be included for all existing structures.

   (C)   Inspection. Before designation of an address, the Planning Director shall inspect the location with special observation of the neighboring addresses and uses.

   (D)   Written notification. Whenever feasible, the Planning Director shall designate and notify the applicant of the addresses within five working days of the submission of the complete application.

(Ord. 4-2009, passed 3-9-09)

   (A)   General. All required petitions and permits established in this chapter shall expire one year after the issuance of such petitions or permits if:

      (1)   The use of land authorized by such petition or permit has not commenced in circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary; or

      (2)   Less than 75% of the total cost of all construction, erection, alteration, excavation, demolition, materials or similar work on any development authorized by such petition or permit has been completed on the site.

   (B)   Failure to complete construction. If, after the fulfillment of either division (A)(1) or (2), such work is not completed within one year from the issuance of the permit, then the permit authorizing such work shall expire.

   (C)   Extensions. The Planning Director may extend a petition or permit for a period up to six months the date when a petition or permit would otherwise expire pursuant to divisions (A) or (B) above, if:

      (1)   The owner has requested the extension in writing from the issuing authority; and

      (2)   The petition or permit has not yet expired; and

      (3)   The owner has proceeded with due diligence and in good faith; and

      (4)   Conditions have not changed so substantially as to warrant a new application.

   (D)   Successive extensions. Successive extensions may be granted for periods up to six months upon the same findings. All such extensions may be granted without resorting to the formal processes and fees required for a new permit, provided that said permit has not already expired.

   (E)   Time of issuance. For purposes of this section, approval of a petition within the jurisdiction of the City Council, the Plan Commission, Plat Committee or the BZA is issued on the date when such board votes to approve the petition. A permit is issued on the date when a copy of the fully executed permit is hand-delivered or mailed to the applicant.

   (F)   Prior petitions and permits. This section shall be applicable to petitions and permits issued prior to the date this section becomes effective.

(Ord. 4-2009, passed 3-9-09)

   (A)   General. Subject to division (B) below, all petitions and permits are transferable, so long as the land or structures or any portion thereof covered under a petition or permit continues to be used for the express purposes for which the petition or permit was granted. The terms and requirements of the petition or permit apply to and restrict the use of land or structures covered under the petition or permit, not only with respect to all persons having any interest in the property at the time the petition or permit was obtained, but also with respect to persons who subsequently obtain any interest in all or part of the covered property and wish to use it for or in connection with purposes other than those for which the petition or permit was originally issued.

   (B)   Petitions not transferable. Home occupation special exception petitions, use variance petitions and their related ILPs are not transferable. Any continuance of these petitions shall require a new petition approved by the BZA. The BZA, at their sole discretion, may also stipulate that any petition or permit is not transferable where situations warrant it.

   (C)   Recording and required fee. Whenever a petition or permit is issued that is not transferable, the following shall apply:

      (1)   Nothing authorized by the petition or permit may be started until a document stating such petition or permit is not transferable is recorded in the Montgomery County Recorder’s office and indexed under the record owner’s name as grantor.

      (2)   The petitioner shall be required to pay the Plan Commission office an additional fee to have the document recorded.

(Ord. 4-2009, passed 3-9-09)

   (A)   General. Two procedures to amend this chapter and one procedure to amend the zoning maps are established, as follows:

      (1)   Petitions requesting a total replacement or a total repeal to this chapter, including amendments and zoning maps, may only be initiated by the Plan Commission. The procedure for this type of petition shall be governed by I.C. 36-7-4-602(a) and 36-7-4-606.

      (2)   Petitions requesting an amendment or repeal to part of the text of this chapter may only be initiated by the Plan Commission or the Common Council. The procedure for this type of petition shall be governed by I.C. 36-7-4-602 (b) and 36-7-4-607.

      (3)   Petitions requesting a change to the zoning maps (rezoning) may only be initiated by the Plan Commission, the Common Council or by a petition signed by property owners who own at least 50% of the land involved. The procedure for this type of petition shall be governed by I.C. 36-7-4-602 (c) and 36-7-4-608.

   (B)   Rezoning application process. The petition process for a rezoning initiated by a majority of property owners is as follows:

      (1)   A rezoning shall be applied for in writing on a form provided by the Plan Commission.

      (2)   Every petition for a rezoning shall be accompanied by the following:

         (a)   All applicable fees, as established in the city official fee schedule;

         (b)   A list of affected parties;

         (c)   A legal description of the property; and

         (d)   A site plan, drawn to scale, and on paper not less than 17 inch x 21 inch nor more than 30 inch x 36 inch, showing the location of the proposed land to be rezoned in respect to surrounding properties. This drawing shall include details, as required by the Commission, of the land uses within 300 feet of the land to be rezoned.

      (3)   The Plan Commission shall hear and determine all rezoning petitions during a public hearing.

      (4)   The disposition of the rezoning shall be by an affirmative vote of the Commission and shall be covered by Commission Rules of Procedure adopted by resolution.

   (C)   Rezoning findings of fact. All rezoning must be recommended to the Council only upon a determination in writing that the Plan Commission has considered the following:

      (1)   Whether the rezoning will fulfill a public need for that type of land use.

      (2)   Whether the rezoning is appropriate in the area requested or if the public interest would be better served by rezoning another area of the jurisdiction.

      (3)   Whether the rezoning conforms to the future land use map in the Comprehensive Plan.

      (4)   Whether the new land use will complement the present and future traffic flows or would the rezoning cause an adverse impact.

      (5)   Whether adequate off street parking will be provided if the rezoning request is granted.

      (6)   Whether potential inconveniences and nuisances (such as noise, lights, odors, and the like) of the rezoning request on adjacent landowners have been adequately considered.

      (7)   Whether there are adequate public utilities and services available to the land if rezoned; and whether the local government will have to pay the cost of any such installation.

      (8)   Whether it is assured that the rezoning request is not spot zoning, a violation of precedents, or arbitrary and capricious.

   (D)   Council action required. Once the Commission gives a recommendation on a rezoning, it must certify its recommendation to the Council within ten days of such decision. The Council has ninety days from the date the Commission certifies its recommendation in which to take final action on the proposal. Final action shall be the adoption, or rejection of a prepared ordinance; however, if the Council fails to take final action or act on the proposal within such 90-day period, the proposal shall be approved as certified by the Plan Commission.

   (E)   Speculative rezoning prohibited. In all cases where a rezoning is initiated by a majority of property owners, the petition shall be requested because of a committed and planned project. The Plan Commission shall consider the criteria in division (C) above based upon the planned project. All such rezoning petitions where there is no commitment and/or planned project shall be considered speculative and shall be prohibited.

   (F)   Permits for projects where a rezoning was requested and granted. In cases where a rezoning is initiated by a majority of property owners, and where an ILP or building permit is requested for a project which is inconsistent with the findings of the approved rezoning, the ILP or building permit shall be denied by the Planning Director.

(Ord. 4-2009, passed 3-9-09)

   (A)   General. Reasonable fees sufficient to cover the costs of administration, inspections, publication of notice in all local newspapers and similar matter may be charged to applications and petitions filed pursuant to the provisions of this chapter requiring plan commission, board of zoning appeals, or the Planning Director’s approval. To this end, the fees established by the city official fee schedule shall apply.

   (B)   Waivers.

      (1)   ILP fee waived. In specific cases where a building permit and an ILP are required for a single, identical project, the ILP fee shall be waived. However, all building permit fees shall be paid.

      (2)   Interdepartmental applications. From time to time city departments may file for a permit required by this chapter. The fees associated with such permit or permits may be waived by the Planning Director. The Planning Director shall document said reason for waiving the applicable fee.

   (C)   Other conditions. The following conditions shall also apply:

      (1)   No part of any fee paid pursuant to this section shall be returnable to the applicant or petitioner nor transferable to another application or petition.

      (2)   Any person riling a petition for Plan Commission or Board of Zoning Appeals action shall assume the cost of public notice that is required.

      (3)   No application or petition shall be considered nor any permit issued unless the required fee is paid in full.

   (D)   Publication of planning documents. In addition to this chapter and the Subdivision Control Ordinance being codified along with all other chapters of the Municipal Code, these chapters shall also be published as separate documents available for public sale. Under no circumstances shall these separately published versions be considered to be official. The official version of the municipal code is found in the Code of Ordinances, published by the American Legal Publishing Corporation. The comprehensive plan and zoning maps shall also be published and available for sale. The fees for these documents are as established by the city official fee schedule.

(Ord. 4-2009, passed 3-9-09)

   The procedures required for judicial review areas set forth in I.C. 36-7-4-1000. Specifically, the various bodies shall be subject to the following reviews:

   (A)   Plan Commission. Any decision or requirement of the Plan Commission concerning subdivision plats or planned developments may be reviewed by certiorari. Any decision or requirement of the Plan Commission concerning a recommendation to the Council may not be reviewed.

   (B)   BZA. Any decision or requirement of the BZA made under the authority of this chapter may be reviewed by certiorari.

   (C)   Planning Director. Any decision or permit issuance by the Planning Director may be appealed to the BZA.

   (D)   Plat Committee. Any decision or requirement of the Plat Committee concerning subdivision plats or planned developments may be appealed to the Plan Commission.

   (E)   Council. Any decision or requirement of the Council concerning the amendment of the zoning maps may be reviewed by certiorari.

(Ord. 4-2009, passed 3-9-09)

   Violations of the provisions of this chapter or failure to comply with any of its requirements, including violations of any condition, stipulation or safeguard established in connection with permission of variances or special exceptions, shall upon conviction, be punished as prescribed in the official fee schedule.

(Ord. 4-2009, passed 3-9-09)