The Planning and Zoning staff shall enforce this chapter, and in addition thereto and in furtherance of the authority, they shall:

   (A)   Issue all zoning clearance permits and keep permanent records thereof;

   (B)   Conduct such inspections of buildings, structures and uses of land as are necessary to determine compliance with the terms of this chapter;

   (C)   Maintain permanent and current records of this chapter, including all maps, amendments, special exceptions, variances and conditional uses, and records of hearings thereon;

   (D)   Provide and maintain a public information bureau relative to all matters arising under this chapter;

   (E)   Provide interpretation of this chapter when necessary and such technical and clerical assistance as the Board of Zoning Appeals and Plan Commission may require;

   (F)   Review all proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law; and

   (G)   Review all applications for zoning clearance permits for new construction to ascertain whether the proposed construction or addition lies in a flood hazard area as defined by this chapter. If the proposed construction or addition is found to lie in either a floodway or floodplain the Planning staff shall forward all pertinent materials to the I.D.N.R. for appropriate review and action. Upon receiving the proper permit or letter of recommendations from I.D.N.R., the Planning staff may require such modifications to the design as he or she may deem appropriate to prevent flotation, collapse or lateral movement of the structure and minimize potential future flood damages.

(1979 Code, § 151.230) (Ord. 4370, passed 7-20-1998)

      (1)   Hear and determine appeals from and review any order, requirement, decision or determination made by the Planning and Zoning staff charged with the enforcement of this chapter; (In exercising its power, the Board of Zoning Appeals may modify the order, requirement, decision or determination of the Planning and Zoning staff.)

      (2)   Hear and decide on petitions for special exceptions and conditional uses as provided for in this chapter;

      (3)   Hear and decide on petitions for variances from the terms of this chapter;

      (4)   Impose conditions on the grant of any special exception, conditional use or variance;

      (5)   Permit or require petitioner to make written commitments concerning the use or development of parcel(s) which are the subject of a petition; and

      (6)   Consider such other matters and take such further actions as may be permitted by law.

(1979 Code, § 151.231) (Ord. 4370, passed 7-20-1998)

      (1)   The Plan Commission shall consist of 9 members.

      (2)   Four members shall be appointed as follows: 1 member selected by the City Council from its membership; one member selected by the Board of Park Commissioners from its membership; 1 member of or a designated representative selected by the Board of Public Works; and the City Engineer.

      (3)   The Mayor shall appoint 5 citizen members, not more than 3 of whom shall be of the same political party.

      (4)   The citizen members shall be qualified by knowledge and experience in matters pertaining to the development of the city, shall hold no other office in the city government and shall be residents of the city.

      (1)   Review and administer all matters upon which it is required to act under this chapter;

      (2)   Prescribe uniform rules of procedure pertaining to petitions, hearings and the issuance of permits;

      (3)   Review periodically the effectiveness of this chapter and initiate amendments or make recommendations in conjunction therewith;

      (4)   Permit or require petitioner to make written commitments concerning the use or development of parcel(s) which are the subject of a petition;

      (5)   Impose conditions on the approval of a development plan or PUD district; and

      (6)   Consider such other matters and take such further actions as may be permitted by law.

(1979 Code, § 151.232) (Ord. 4370, passed 7-20-1998)

   (A)   No land shall be occupied or used, no excavation or construction shall be started, and no building or other structure hereafter erected, moved, added to or structurally altered shall be occupied or used, in whole or in part, for any purpose without zoning clearance permits issued by the Planning and Zoning Office.

   (B)   All applications for zoning clearance permits shall be submitted to the planning staff on the prescribed application form and accompanied by a site plan showing the dimensions and shape of the lot to be built upon; the height and bulk of any existing and proposed buildings; the building lines in relation to lot lines; the use to be made of the building, structure or land; location and size of required landscaping improvements; and such other information as may be required by the planning staff for the proper enforcement of this chapter.

   (C)   The planning staff may require the relocation of any proposed building, structure, driveway, parking area or other elements or site development indicated or omitted on the site plan before issuing a zoning clearance permit, when the action is necessary to carry out the purpose and intent of this chapter.

   (D)   The issuance of a zoning clearance permit shall not be construed as waiving any provision of this chapter nor of the necessity to obtain any other permits required by law.

   (E)   If the work described in any zoning clearance permit has not begun within 1 year from the date of issuance thereof, the permit shall expire.

   (F)   Any zoning clearance permit issued in violation of any provision in this chapter or any ordinance or statute shall be void.

   (G)   Any property designated as a single site historic district or located within an established historic district shall obtain approval for all exterior development (buildings and site) from the Elkhart City Historic and Cultural Preservations Commission prior to issuance of a zoning clearance permit.

(1979 Code, § 151.233) (Ord. 4370, passed 7-20-1998)

   (A)   It shall be unlawful to use or occupy or permit the use or occupancy of any structure or land or both or part thereof for any of the following until a certificate of occupancy has been signed by the Planning and Zoning Office stating that the proposed use complies with the requirements of this chapter:

      (1)   Occupancy or use of any structure hereafter erected, changed converted or wholly or partly altered or enlarged;

      (2)   Occupancy or use of vacant land;

      (3)   Change in the use of an existing structure;

      (4)   Change in the use of land;

      (5)   Change in the use or character of a nonconforming use.

   (B)   Every application for a zoning clearance permit shall be deemed to be an application for a certificate of occupancy.

   (C)   Within 10 days after notification that a structure or land or part thereof is ready for occupancy or use, it shall be the duty of the Planning and Zoning Office to make a final inspection thereof and to sign a certificate of occupancy if the structure or land or part thereof are found to comply with the provisions of this chapter. If the signature is refused, the Planning staff shall state the cause for the refusal in writing.

   (D)   In the event that a development is not in complete compliance with this chapter, Planning staff may still sign the certificate of occupancy upon receipt of a written and signed statement by the developer or property owner, which to the planning staff’s satisfaction, specifies those items still to be completed, the manner in which they will be completed, and a schedule for their completion. Failure to comply with the agreement by the date specified shall constitute a violation of this chapter and may result in the revocation of the certificate of occupancy and/or other penalties.

(1979 Code, § 151.234) (Ord. 4370, passed 7-20-1998)

   Whenever a commitment may be permitted or allowed under the terms of this chapter the following regulations shall govern the creation, form, recording, enforcement, modification and termination of commitments.

   (C)   Modification and termination. A commitment may be modified or terminated only by a decision of the body which permitted or required the commitment after notice to interested parties and a public hearing. Written notice of the public hearing shall be provided to designated specially affected persons with authority to enforce the commitment. The body which permitted or required the commitment may modify or terminate the commitment only upon finding that:

      (1)   A change in circumstances has occurred which makes unnecessary the purpose for which the commitment was originally made;

      (2)   Due to a change in circumstances, the burden imposed by the commitment constitutes an undue hardship as weighed against the interest the commitment was intended to protect;

      (3)   The purpose of the commitment will be better served by modification of the commitment; or

      (4)   A change in law or circumstances has rendered performance of the commitment illegal or impossible.

(1979 Code, § 151.235) (Ord. 4370, passed 7-20-1998)

   (A)   The Board of Zoning Appeals shall consider applications only for such special exceptions as are specifically enumerated in this chapter and, as to each special exception that is granted, may impose such conditions on the exercise of such special exception as the Board may deem advisable. No special exception shall be granted by the Board unless the Board specifically finds that:

      (1)   The special exception is so defined, located and proposed to be operated that the public health, safety and welfare will be protected;

      (2)   The special exception will not reduce the values of other properties in its immediate vicinity; and

      (3)   The special exception shall conform to the regulations of the zoning district in which it is to be located.

   (B)   An application for a special exception shall be filed with the Planning and Zoning Office in such form as may be prescribed from time to time by the Board.

   (C)   No application for a special exception shall be considered by the Board until the Plan Commission has considered such application and made a recommendation to the Board based upon land use considerations only. The recommendation by the Plan Commission shall not require a public hearing.

   (D)   The Board shall hold a public hearing on each application for a special exception. At least 10 days prior to the date set for such hearing, public notice of the time, date and place thereof shall be given by publication in a newspaper of general circulation in the city and, in addition, actual notice of the hearing shall be given to all interested parties.

   (E)   Special exceptions shall be exercised in strict accordance with the terms of approval thereof by the Board, provided that minor changes in the location or use of proposed and existing structures and usage may be authorized by the Board without a public hearing if such changes are consistent with the purpose and intent of the terms of the original approval. Whether or not any such change constitutes a minor change shall be determined by the Board, in its sole discretion.

   (F)   Any use existing at the effective date of this chapter as to the land on which such use is exercised and which use is listed as a special exception in a zoning district under the terms of this chapter may be altered or enlarged only if a new special exception is granted by the Board as provided in this chapter.

   (G)   If no construction has begun or no use established within 12 months from the approval of a special exception, the special exception shall lapse and be of no further effect, and the provisions of this chapter which would govern the land and its usage without regard to the special exception shall thereafter apply, and the Planning and Zoning Office shall remove the special exception from the zoning map.

(1979 Code, § 151.236) (Ord. 4370, passed 7-20-1998)

      (1)   Name, address and phone number of applicant;

      (2)   A legal description of the real estate involved;

      (3)   Description of existing use;

      (4)   Description of proposed conditional use;

      (5)   A narrative statement evaluating the effects of such elements as noise, glare, odor, fumes and vibration upon adjoining property; and a discussion of the general compatibility with adjacent and other properties in the district;

      (6)   A site plan of the property which shall include:

         (a)   Location and size of all existing and proposed buildings and structures;

         (b)   Location and dimensions of building lines, right-of-way lines, setbacks, regulated drains and public and private easements (existing and proposed);

         (c)   Elevation contours and spot elevations sufficient to determine drainage (existing and proposed), if necessary;

         (d)   Layout of drives and other traffic features on opposite side of street and/or adjacent properties;

         (e)   Statement of availability of city sewer and water, if required for the proposed use; and

         (f)   Locations of parking and loading areas, traffic access and circulation, open space, landscaping, refuse and service areas, signs, turning radii, and proposed vehicle and projected turning paths from turning radius templates.

      (7)   Vicinity map showing all existing land uses within a 300 foot radius of the property; and

      (8)   Any supplemental information required for conditional use applications specified in the regulations of the zoning district in which the property is located.

   (C)   General standards applicable to all conditional uses. The Board of Zoning Appeals shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:

      (1)   Is in fact a conditional use as established under the permitted land uses within the zoning district;

      (2)   Will be harmonious with and in accordance with the general objectives or with any specific objective of the city’s Comprehensive Plan and/or the Zoning Ordinance;

      (3)   Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance and function with the existing or intended character of the general vicinity and will not change the essential character of the area;

      (4)   Will not be hazardous or disturbing to existing neighboring uses;

      (5)   Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed uses shall be able to provide adequately any such services;

      (6)   Will not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic welfare of the community;

      (7)   Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;

      (8)   Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares; and

      (9)   Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.

      (1)   Off-street parking and loading areas;

      (2)   Refuse and service areas;

      (3)   Proposed signs and exterior lighting;

      (4)   Noise, glare, odor, adverse economic effects or traffic hazards resulting from the proposed use; and

      (5)   Any other matter requiring particular attention in order to avoid adverse effects of the proposed use on neighboring properties and other properties in the district.

   (F)   Action by the Board of Zoning Appeals. Following the public hearing, the Board of Zoning Appeals shall either approve, approve with supplementary conditions or disapprove the application as presented. If the application is approved or approved with modifications, the Board of Zoning Appeals shall instruct the Planning and Zoning Office in writing to issue a conditional use permit listing the specific conditions specified by the Board of Zoning Appeals for approval. If the application is disapproved by the Board of Zoning Appeals, it shall notify the applicant in writing listing specific reasons for the denial.

      (1)   Upon receipt of such application, the Board of Zoning Appeals shall proceed as in the case of original applications for a conditional use.

      (2)   In the event that the Board of Zoning Appeals shall approve and order such applications or development plans modified, altered, amended or extended, it shall notify the Planning and Zoning Office which shall issue an amended zoning clearance permit accordingly.

      (3)   Any alteration, change or amendment to a site plan (previously approved by the Board of Zoning Appeals through the conditional use process) and involving a new structure, combination of structures or addition to an existing structure, may be issued a zoning clearance permit by the Planning and Zoning Office without the requirement of a public hearing or Board of Zoning Appeals approval provided that:

         (a)   The net increase in floor area is less than 1,000 square feet but not to exceed 50% of the gross floor area of structures on the parcel.

         (b)   The plans for the proposed use are submitted to and approved by the Planning and Zoning Office.

         (c)   The plans are revised to incorporate any recommendations deemed appropriate by the Planning and Zoning Office.

         (d)   The property of the proposed use is not located within 100 feet of the property line of any existing residential land use.

(1979 Code, § 151.237) (Ord. 4370, passed 7-20-1998)

   (A)   Variance from development standards. The Board of Zoning Appeals shall consider petitions for variances from the development standards (such as height, bulk or area) of this chapter. As to each variance that is granted, the Board may impose such conditions on the grant of the variance as the Board may deem advisable. No variance shall be granted by the Board unless the Board under this section specifically finds 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 will not be affected in a substantially adverse manner;

      (3)   Granting the variance would be consistent with the intent and purpose of this chapter;

      (4)   Special conditions and circumstances exist which are peculiar to the land involved and which are not applicable to other lands or structures in the same district;

      (5)   The strict application of the terms of this chapter would deprive the applicant of the rights commonly enjoyed by other properties in the same district under the provisions of this chapter;

      (6)   The special conditions and circumstances do not result from any action or inaction by the applicant; and

      (7)   In the designated flood hazard areas, the variance will not increase flood heights, create additional threats to public safety, cause additional public expense, create nuisances or conflict with existing laws or ordinances.

      (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 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

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

   (C)   Application for variances shall be filed with the Planning and Zoning Office in such form as may be prescribed from time to time by the Board.

   (D)   The Board shall hold a public hearing on each application for a variance. At least 10 days prior to the date set for the hearing, public notice of the time, date and place thereof shall be given by publication in a newspaper of general circulation in the city and, in addition, written notice of the hearing shall be given to all interested parties.

(1979 Code, § 151.238) (Ord. 4370, passed 7-20-1998; Am. Ord. 5263, passed 8-1-2011)

   (A)   In addition to the other powers granted to the Board of Zoning Appeals (“BZA”), the BZA is hereby expressly granted the authority to revoke any variance, conditional use or special exception previously issued.

   (B)   The BZA may revoke a variance, conditional use or special exception whenever 1 or more of the following exist:

      (1)   The BZA determines that the variance, conditional use or special exception was obtained by the applicant by fraudulent or misleading statements;

      (2)   That there has not been compliance with 1 or more requirement contained in the variance, conditional use or special exception;

      (3)   That circumstances have materially changed since a variance, conditional use or special exception was granted so that, if the sanction is not imposed, public health, safety or welfare will be adversely affected.

   (C)   In order to revoke previously conditional uses, special exceptions, and variances, the Board shall hold a public hearing on each appeal to revoke. Prior to the initiation of revocation proceedings, the Zoning Administrator shall notify the permit holder, in writing, of the specific areas of noncompliance and specify the date by which such deficiencies must be corrected. The permit holder shall provide the city with evidence that the required corrective action has taken place. At least 10 days prior to the date set for such hearing, public notice of the time, date and place thereof shall be given by publication in a newspaper of general circulation in the city, and in addition, written notice of hearing shall be given to all interested parties.

   (D)   The revocation hearing shall be held in accordance with the rules of procedure of the Board of Zoning Appeals.

(1979 Code, § 151.238.5) (Ord. 4431, passed 7-12-1999; Am. Ord. 4457, passed 12-6-1999)

   (A)   The Board of Zoning Appeals shall consider appeals from any order, requirement, decision or determination made by the Planning and Zoning staff who are charged with the administration and enforcement of this chapter.

   (B)   Appeals to the Board shall specify the error upon which the appeal is based.

   (C)   Within 30 days after the alleged error, the appellant shall file the appeal with the Planning and Zoning Office in such form as may be prescribed from time to time by the Board.

   (D)   The Board shall hold a public hearing on the appeal. At least 10 days prior to the date set for such hearing, public notice of the time, date and place thereof shall be given by publication in a newspaper of general circulation in the city and, in addition, written notice of the hearing shall be given to all parties interested in the hearing.

   (E)   Immediately following the filing of an appeal, all actions pursuant to the order, requirement, decision or determination from which the appeal is taken shall be stayed unless the Planning and Zoning staff shall certify to the Board that, by reason of facts stated in the certificate, a stay of the action would cause imminent peril to life and property.

(1979 Code, § 151.239) (Ord. 4370, passed 7-20-1998)

      (1)   The comprehensive plan;

      (2)   Current conditions and the character of current structures and uses in each district;

      (3)   The most desirable use for which the land in each district is adapted;

      (4)   The conservation of property values throughout the jurisdiction; and

      (5)   Responsible growth and development.

      (1)   Map amendments may be initiated by the Plan Commission, requested by the City Council to the Plan Commission, or as a petition signed by property owners who own at least 50% of the land involved. The petitions shall be filed in the Planning and Zoning Office on a form prescribed by the Plan Commission.

      (2)   The Plan Commission shall hold a public hearing on a proposal for a map amendment within 60 days of receiving or initiating the petition or proposal. At least 10 days prior to the date of the public hearing, the Plan Commission shall publish notice of the public hearing in a newspaper of general circulation in the city. The notice shall include the geographic location of the property involved, a description of the proposed change, the time, date and place of the public hearing, the place where a copy of the proposal is on file, that written objections filed with the Secretary of the Plan Commission will be considered, that oral comment concerning the proposal will be heard and that the hearing may be continued from time to time as necessary. The Plan Commission shall also give notice of the public hearing to interested parties as determined under the rules of the Plan Commission.

      (3)   Following the public hearing, the Plan Commission shall determine its recommendation on the proposed map amendment. Within 10 business days after determining its recommendation, the Plan Commission shall certify the proposal with a favorable, unfavorable or no recommendation.

      (4)   The City Council shall vote on the proposal within 90 days after certification by the Plan Commission. At the first regular meeting of the City Council following certification of the proposal by the Plan Commission or at any subsequent meeting within the 90 day period, the City Council may adopt or reject the proposal, provided that the City Council has published notice of its intent to consider the proposal at that meeting at least 48 hours prior to the meeting.

      (5)   If the City Council adopts the proposal as certified it takes effect as other ordinances of the City Council. If the City Council rejects the proposal, it is defeated. If the City Council fails to act on the proposal within 90 days after certification by the Plan Commission and the Plan Commission certified the proposal with a favorable recommendation, the proposal takes effect as if it had been adopted as certified. If the City Council fails to act on the proposal within 90 days after certification by the Plan Commission and the Plan Commission certified the proposal with an unfavorable recommendation or no recommendation, it is defeated.

      (6)   Neither the Plan Commission nor the City Council shall reconsider a defeated proposal until the expiration of one year after its defeat.

      (7)   The Plan Commission and City Council may permit or require the property owner to make written commitments regarding the use and development of the property which is the subject of the proposal.

      (1)   Text amendments may be initiated by the Plan Commission or by a request by the City Council to the Plan Commission.

      (2)   The Plan Commission shall hold a public hearing on a proposal for an amendment to the text of this chapter within 60 days of receiving or initiating the proposal. At least 10 days prior to the date of the public hearing, the Plan Commission shall publish notice of the public hearing in a newspaper of general circulation in the city. The notice shall include the geographic areas to which the proposal would apply, a summary of the subject matter of the proposal, the time, date and place of the public hearing, the place where a copy of the proposal is on file, that written objections filed with the Secretary of the Plan Commission will be considered, that oral comment concerning the proposal will be heard and that the hearing may be continued from time to time as necessary. If the proposal contains or would add or amend any penalty or forfeiture provisions, the entire text of those penalty or forfeiture provisions must also be included in the notice. The Plan Commission shall also give notice of the public hearing to interested parties as determined under the rules of the Plan Commission.

      (3)   Following the public hearing, the Plan Commission shall determine its recommendation on the proposed text amendment. Within 10 business days after determining its recommendation, the Plan Commission shall certify the proposal to the City Council. The Plan Commission may certify the proposal with a favorable, unfavorable or no recommendation.

      (4)   The City Council shall vote on the proposal within 90 days after certification by the Plan Commission. At the first regular meeting of the City Council following certification of the proposal by the Plan Commission or at any subsequent meeting within the 90 day period, the City Council may adopt or reject the proposal; provided that, the City Council has published notice of its intent to consider the proposal at that meeting at least 48 hours prior to the meeting.

      (5)   The following applies if the Plan Commission certified the proposal with a favorable recommendation:

         (a)   If the City Council adopts the proposal, it takes effect as other ordinances of the City Council.

         (b)   If the City Council fails to act on the proposal within 90 days after certification, it takes effect as if it had been adopted as certified.

         (c)   If the City Council rejects or amends the proposal, it shall be returned to the Plan Commission for its consideration with a written statement of the reasons for the rejection or amendment. The Plan Commission has 45 days in which to consider the rejection or amendment and report to the City Council as follows:

            1.   If the Plan Commission approves the amendment or fails to act within the 45 day period, the ordinance stands as passed by the City Council as of the date of the filing of the Commission’s report of approval with the City Council or the end of the 45 day period.

            2.   If the Plan Commission disapproves the rejection or amendments, the action of the City Council on the original rejection or amendment stands only if confirmed by another majority vote of the City Council within 45 days after the Plan Commission certifies its disapproval. If the City Council fails to confirm its action under this clause, the ordinance takes effect in the manner provided in subdivision (b) above.

      (6)   The following applies if the Plan Commission certifies the proposal with an unfavorable or no recommendation:

         (a)   If the City Council adopts the proposal, it takes effect as other ordinances of the City Council.

         (b)   If the City Council rejects the proposal or fails to act on it within 90 days after the certification, it is defeated.

         (c)   If the City Council amends the proposal, it shall be returned to the Plan Commission for its consideration with a written statement of the reasons for the amendment. The Plan Commission has 45 days in which to consider the amendment and report to the City Council as follows:

            1.   If the Plan Commission approves the amendment or fails to act within the 45 day period, the ordinance stands as passed by the City Council as of the date of filing of the Commission’s report of approval with the City Council or at the end of the 45-day period.

            2.   If the Plan Commission disapproves the amendment, the action of the City Council on the original amendment stands only if confirmed by another majority vote of the City Council within 45 days after the Plan Commission certifies its disapproval. If the City Council fails to confirm its action under this clause, the ordinance is defeated as provided in subdivision (b) above.

(1979 Code, § 151.240) (Ord. 4370, passed 7-20-1998)

   (A)   The following fee schedule shall be amended only by action of the City Council.

   (B)   Until all applicable fees have been paid in full, no action shall be taken on any petition or application. No part of any fee paid pursuant to this section shall be refundable.

   (C)   Schedule:

 

 

   (D)   The Plan Commission, City Council and any other local governmental agencies shall be exempt from such fees.

(1979 Code, § 151.241) (Ord. 4370, passed 7-20-1998; Am. Ord. 5001, passed 12-4-2006; Am. Ord. 5010, passed 1-22-2007; Am. Ord. 5015, passed 2-12-2007; Am. Ord. 5044, passed 7-9-2007)

      (1)   The Zoning Administrator, on receipt of information of a possible violation of the Zoning Ordinance, shall make investigation to establish reasonable belief that a violation has occurred.

      (2)   The Zoning Administrator, any Code Enforcement or police officer may issue a citation for violation of this chapter.

      (3)   The City Attorney may file a complaint against the person(s) and prosecute the alleged violation.

      (1)   Buildings erected, razed or converted, or land or premises used in violation of any provision of this chapter are hereby declared to be a common nuisance, and the owner of the building, land, or premises, shall be liable for maintaining a common nuisance, a Class C infraction; and upon conviction responsible parties will be liable for maintaining a common nuisance.

      (2)   Any use of a building, structure and/or land not permitted in the applicable zoning district and any act or omission contrary to the provisions of this chapter shall constitute a violation of this chapter. The record owner(s), contract purchaser(s), tenant(s) and/or other occupant(s) of any structure, land or part thereof, and other person(s) who commit, participate in, assist in, and/or maintain and/or allow a violation to continue shall each be considered responsible parties and may be found liable for separate violations.

      (3)   The following actions may be instituted when violations of this chapter occur:

         (a)   The Plan Commission or Board of Zoning Appeals may institute a suit for injunction to restrain any individual or governmental unit from violating the provisions of this chapter.

         (b)   The Plan Commission or Board of Zoning Appeals may institute a suit for mandatory injunction directing any individual or governmental unit to cease an illegal use, or remove a structure erected in violation of the provisions of this chapter.

      (4)   Violation of a condition imposed by the Board of Zoning Appeals, Plan Commission or City Council as a condition of approval of any special exception, variance, conditional use, development plan or PUD, as applicable, shall result in revocation of the approval and any use or development instituted pursuant to the approval shall be deemed in violation of this chapter.

      (5)   In the event of a violation of a written commitment made under this chapter, the body (Board of Zoning Appeals, Plan Commission or City Council) which permitted or required the property owner to make the commitment, may institute an action to enforce the commitment.

      (6)   In the event a condition constituting a violation of this chapter exists on real property, the Zoning Administrator or his or her designee may enter onto the property and take action to bring the property into compliance with this chapter if all persons with a substantial interest in the property have been given notice of the violation and have failed to bring the property into compliance after being provided with a reasonable opportunity to do so. The property owner of record shall be liable for the costs of the action and the costs may be made a lien on the property.

      (7)   Nothing herein contained shall prevent the city from taking other lawful action necessary to prevent, remedy or issue a fine for any violation.

(1979 Code, § 151.242) (Ord. 4370, passed 7-20-1998)

   The penalty for violation of this chapter shall be not less than $100, nor more than $2,500, and each day that a violation exists or continues shall constitute a separate violation. Any person found to be in violation of this chapter shall be required to compensate the city for costs incurred in enforcement of this chapter.

(1979 Code, § 151.999) (Ord. 4370, passed 7-20-1998; Am. Ord. 5551, passed 2-6-2017; Am. Ord. 5995, passed 7-1-2024)