(A)

Commission established. There is hereby created a separate and distinct board which shall be known and function as the Advisory Plan Commission for the town. The membership of such Commission shall be in number, shall be appointed, shall serve respective tenures of four (4) years of staggered terms and the Board shall have all the powers and authority and shall perform all of the duties and functions as required, authorized, conferred, set-out or provided in IC 36-7-4, as amended.

(B)

Qualifications of members. Each member shall be qualified to serve as provided by IC 36-7-4-207 and IC 36-7-4-216.

(C)

Officers and employees. At the first meeting of each year, the Commission shall elect a president, vice president from its members. The Commission shall further appoint a secretary of the Commission, who may, but is not required be a member pursuant to IC 36-7-4-304.

(D)

By-Laws, rules and records. The Commission adopts by reference the Rules of Procedure which have previously been adopted by the Commission.

(A)

Board established. There is hereby created a separate and distinct board which shall be known and function as the Board of Zoning Appeals for the town. The membership of such Board shall be in number, shall be appointed, shall serve respective tenures of four (4) years of staggered terms and the Board shall have all the powers and authority and shall perform all of the duties and functions as required, authorized, conferred, set-out or provided in IC 36-7-4, as amended.

(B)

Qualifications of members. Each member shall be qualified to serve as provided by IC 36-7-4-901 and IC 36-7-4-905.

(C)

Officers and employees. At the first meeting of each year, the Board of Zoning Appeals shall elect a chairperson and vice-chairperson from its members. The Board may appoint and fix the compensation of a secretary, an attorney and such other employees as may be necessary for the discharge of its duties, all in conformity to and compliance therefore fixed by the Town Council. The members of the Board shall serve without compensation.

(D)

By-Laws, rules and records. The Board of Zoning Appeals shall adopt by-laws for its own business and procedure, and such rules concerning and filing of appeals and applications for variances and exception, the giving of notice and the conduct of hearings as shall be necessary to carry out their several duties. A copy of such rules for appeal and all amendments or revisions thereof from time to time shall be made, and the Board shall keep minutes of its proceedings, and record the vote on all actions taken. All minutes and records shall be filed in the office of the Board and shall be a public record.

(E)

Quorum; official action. A majority of the members of the Board of Zoning Appeals shall constitute a quorum. No action of the Board shall be official unless authorized by a majority of the Board.

(F)

General powers and duties. In exercising its powers, the Board of Zoning Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from as, in its opinion, ought to be done in the matter under consideration, and to that end shall have all the powers of the officer or board from whom appeal is taken. In the performance of its functions, the Board shall:

(1)

Hear and determine appeals from and review any order, requirement, decision or determination made by an administrative official or board charged with the enforcement of this chapter or any regulation thereof.

(2)

Permit and authorize exceptions to district regulations in the classes of cases or in particular situations as specified in Section 152.156.

(3)

Hear and decide special exceptions to the terms of this chapter as provided in Section 152.156.

(4)

Authorize upon appeal in specific cases such variances form the terms of this chapter relating to height, area, location and other regulations as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of the chapter shall be observed and substantial justice done.

The Board of Zoning Appeals, after public notice and hearing as herein provided, shall have power to permit exceptions to and variances from the regulations of this chapter as follows:

(A)

Variances coming within Section 152.155(F)(4), where practical difficulty or unnecessary hardships are shown to exist. Such showing shall be the burden of the person seeking the relief.

(B)

Permit in any Residential District the use of property and buildings which are not otherwise authorized thereon, for telephone exchange, public utility substation, water tower, reservoir, filter bed, treatment plant or pumping station, sewage disposal or treatment plant, public park or playground, public recreation or community building, public building used for governmental purposes, passenger station, philanthropic or charitable institutions, and private schools, academies or nurseries.

(C)

Grant a permit for a period not exceeding two (2) years in any Residential, Business or Light Industrial District for a temporary building or use incident to the permanent use, occupancy and development.

(D)

Where a lot is immediately adjoined by a building that does not conform to the use (or area) district regulations of the district in which such lot is located, permit the modification of such use (or area) district regulations to the extent deemed necessary to allow appropriate improvement on such lot with due regard being given to the avoidance of serious injury to neighboring property.

(E)

Permit the location of an apartment building, hotel building, hospital, rest home, convalescent establishment or other similar use in a General Business or Light Industrial District only upon an affirmative showing by the applicant that the premises may be safely and healthfully used and occupied in the absence of a municipal sewerage service and that the proposed location and use will not be injurious to surrounding properties or detrimental to the public health, safety and welfare.

(F)

Permit in any district any building or use deemed by the Board to be in general keeping with and appropriate to the uses or buildings authorized in such district.

(G)

Permit, upon appropriate proceedings, any variance or exception, grant any permit, allow the issuance of any certificates of occupancy or improvement location permit, and determine any other matter for which authority therefore is expressly conferred upon the Board of Zoning Appeals by or in any other provision of this chapter.

(H)

In considering any appeal and in making any determination pursuant with the powers and authority herein granted, the Board of Zoning Appeals may impose such conditions, limitations, safeguards, regulations or requirements which in its discretion are deemed necessary to establish and retain the varied or excepted use in harmony with the general purposes of this chapter and not injurious to the use of neighboring property or detrimental to the public health, safety, convenience or welfare.

(A)

Persons who may appeal. Any person aggrieved by the requirement, decision or determination made by an administrative official or board charged with the enforcement or administration of this chapter may separately or jointly file an appeal therefrom with the Board of Zoning Appeals seeking any relief, variance, or exception under the jurisdiction of the Board and within its powers as conferred in this chapter.

(B)

Procedure for appeal. All appeals herein authorized shall comply with the rules of appeal established by the Board, a copy of which is on file with the Clerk-Treasurer; and any appeal shall be filed in the form, within the time, upon such notices and in accordance to the procedure and manner prescribed by such rules of appeal.

(C)

Notice of appeal. The person taking an appeal shall and must assume full responsibility for the giving, sufficiency, accuracy and costs of all notices required on appeal. Public notice shall be given additionally as provided in Section 152.158, and notice shall be given additionally to interested parties as provided by the rules of appeal established by the Board.

(D)

Time of hearing. Each appeal shall be heard within a reasonable time from the filing thereof. The time of hearing may be fixed by the rules of the Board or the appeal may be specially set for hearing.

(E)

Hearing on appeals. Each appeal shall be heard and decided in accordance to the procedure providing for the conduct thereof as established by such rules of appeal.

(F)

Decision on appeal. The Board may continue, postpone or take under advisement any hearing or decision. In its decision on any appeal, the Board of Zoning Appeals shall exercise only those powers as granted or conferred in this chapter.

(G)

Stay of work pending appeal. When an appeal is filed as herein provided, all proceedings and work on the premises shall be immediately stayed unless the official or board from whom the appeal is taken shall certify to the Board of Zoning Appeals that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the Board of Zoning Appeals or by the Benton County Circuit Court, on application, on notice to the officer or board from whom appeal is taken and the owner of the premises affected and on due cause shown.

(H)

Authority to stay work. After the owner or his agents or a corporation in charge of the work on the premises affected have received notice that an appeal has been filed with the Board of Zoning Appeals, the board or officer charged with the enforcement of this chapter shall have full power to order the work discontinued or stayed and to call upon the police power of the town to give full force and effect to the order.

(I)

Review by certiorari. Every decision of the Board of Zoning Appeals shall be subject to review by certiorari filed in the Benton County Circuit Court in compliance with the procedure as set out IC 36-7-4, as amended.

(A)

Contents, publication and posting of notices. Whenever public hearing is required for the amendment of this chapter or for any proceeding or permit requiring action by the Board of Zoning Appeals, for an appeal as herein provided, or for any proceeding or approval of the Plan Commission requiring public hearing, notice thereof shall be published one (1) time in a newspaper of general circulation published in Benton County and circulated in the town. Such notice shall announce the time, date, and place of hearing, shall declare the nature and purpose of the proceeding, shall describe the property or premises concerned both by legal and general description, and shall state with sufficient clarity the amendment, permit, approval, or relief sought through the proceedings of which notice is given. In addition to such requirements, a copy of such notice shall be posted in a conspicuous place at or near the post office, at or near the town meeting place and at one (1) place in all other wards in the town. At the hearing, an affidavit shall be filed by the person posting such notices stating the date and places of posting and a publisher's affidavit shall be filed showing proof of publication. All such notices are in lieu of there being no newspaper of general circulation published in the town, and such notices shall be so published and posted at least ten (10) days prior to the date fixed for the hearing concerned.

(B)

Costs and accuracy of notices. The cost of publication and posting of notice shall be borne by the person making application for the amendment, exception, variance or other relief, and the responsibility for the giving, sufficiency, and accuracy of such notices shall be solely upon such applicant.

This chapter may be amended from time to time by the Town Council upon its own motion or upon the petition of the Plan Commission or the petition of interested owners. All amendments shall be in accordance with the procedure provided in IC 36-7-4, as amended. Petitions requesting an amendment may be presented to the Clerk-Treasurer by the Plan Commission or by the owners of fifty (50) percent or more of the area involved in the petition. Any proposed ordinance for the amendment, supplement, change or repeal of the zoning ordinance not originating from the petition of the Plan Commission shall be referred to the Plan Commission for consideration, hearing and report before final action is taken by the Town Council. All proposals for the amendment, supplement, change or repeal of the zoning ordinance shall be presented by the Plan Commission at a public hearing conducted by it pursuant to the provisions of IC 36-7-4, as amended, and upon notice as required in this chapter.

This chapter shall be enforced by the Building Commissioner of the Town, and he or she may call upon the law enforcement officers or other officers of the Town to assist him in the performance of his duties hereunder.

(A)

Certificate of occupancy.

(1)

No building or premises shall be occupied or used for any purpose authorized under the terms of this chapter until a certificate of occupancy shall have been issued by the Building Commissioner. Any person desiring to use or occupy a building or premises for a purpose for which no certificate of occupancy is on file shall make application to the Building Commissioner. The Building Commissioner, upon verifying that such occupancy is authorized under the provisions of this chapter, shall issue his certificate to such effect.

(2)

A copy of all certificates hereafter issued shall be permanently kept on file and shall be reissued without application to any subsequent owner or tenant desiring to occupy the building or premises for the same purpose, but any change in the occupancy of any building or premises or part thereof shall require the making of an application and issuance of a certificate of occupancy as provided in this section.

(B)

Improvement location permit required. No improvement location permit shall be issued by the Building Commissioner and no permit for the excavation for or erection or alteration of any building shall be issued before the application has been made and approved for a certificate of occupancy in compliance with this chapter and no building or premises shall be occupied until such certificate has been issued as herein provided.

(C)(1)

Application for improvement location permit. Before the erection or alteration of any building or structure is commenced or any excavation therefore is started, an application shall be made upon prescribed forms for the purpose of securing an improvement location permit. The Board of Zoning Appeals shall prescribe a form upon which shall be described the lot with setback, side yard, rear yard, parking spaces and other requirements in accordance with the terms of this chapter for a use for which a certificate of occupancy is in existence. Such application shall be made by the owner of the premises or a person lawfully authorized to act on behalf of the owner. The owner shall bind him or herself and dedicate the described property to the location of the improvement in all details and respects as set out in the application. The Building Commissioner shall issue any Improvement Location Permit and place a copy thereof permanently on file, after verification that the building as described in the application complies with the terms of this chapter, and after being countersigned by the head of the sewer, water, street and police departments, or their designees, who shall inspect the proposed building or structure and ensure that such proposal complies with each such department's rules and regulations prior to signing. After the issuance of such permit, no change or modification shall be made in the location of such building as dedicated in the application therefore without further and express authority in accordance with the procedure as hereinbefore provided.

(C)(2)

Application for demolition permit. Before the demolition, destruction, removal or relocation of any building or structure is commenced, an application shall be made upon prescribed forms for the purpose of securing a demolition permit. Such application shall be made by the owner of the premises or a person lawfully authorized to act on behalf of the owner. The Building Commissioner shall issue any Demolition Permit and place a copy thereof permanently on file, and after being countersigned by the head of the sewer, water, street and police departments, or their designees, who shall inspect the building or structure and ensure that all utilities affected by such activity shall be properly disconnected. After the issuance of such permit, no change or modification shall be made in the location of such building as dedicated in the application therefore without further and express authority in accordance with the procedure as hereinbefore provided.

(D)

Compliance with other ordinances. It is hereby made a condition to the issuance of any certificate of occupancy or any improvement location permit that all other ordinances of the Town relating to the construction, alteration or repair of buildings and the sanitary facilities therefor have been and will continue to be strictly complied with in regard to such occupancy or location.

(E)

Fees for certificate or permits. Before the issuance of any certificate or permit provided for in this section, the following fee shall be paid to the Building Commissioner who shall account for the fee to the Clerk-Treasurer:

(Ord. No. 2004-7, 10-18-2004)

The Town Clerk shall cause this chapter to be made available to persons desiring the same upon payment to the Clerk-Treasurer of a $.25 charge for each page desired.

(A)

Accounting for fees received. All fees, charges or other funds, excepting deposits for publication charges or costs, paid under this chapter, if not paid directly to the Clerk-Treasurer, shall be accounted for by the person receiving the same and paid over to the Clerk-Treasurer.

(B)

Deposit of fees received. All monies coming into the hands of the Clerk-Treasurer under this chapter shall be accounted for and deposited to the credit of the General Fund.

Any building or structure erected, raised or converted or land or premises used in violation of any provision of this chapter or regulation herein contained shall constitute a common nuisance and the owner of the building, land or premises shall be liable for maintaining a common nuisance.

The Plan Commission, the Board of Zoning Appeals or the Building Commissioner may institute a suit for injunction to restrain an individual or a governmental unit from violating the provisions of this chapter or any of the regulations thereof. The Plan Commission or the Board of Zoning Appeals may also institute a suit for a mandatory injunction directing an individual or a governmental unit to remove a structure erected in violation of the provisions of this chapter or any of the regulations thereof.

The Town Council of the Town of Fowler, that the following forms are adopted and will be made available to the Building Commissioner and Clerk-Treasurer for distribution to those citizens that may request a rezoning or variance:

Rezoning packet.

(1)

Checklist for rezoning.

(2)

Application for petition.

(3)

Notice of hearing by the Advisory Plan Commission and Town Council.

(4)

Landowner's consent.

Variance packet.

(1)

Checklist for variance.

(2)

Application for petition.

(3)

Notice of hearing by the Fowler Board of Zoning Appeals.

(4)

Landowner's consent.

The Clerk-Treasurer shall collect a fee of two hundred dollars ($200.00) for each application to rezone or for a variance.

(Ord. No. 2022-1219, 12-19-2022)

(A)

The owner of a building or premises, or the general agent thereof, where a violation of any provision or regulation of this chapter exists, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, agent, lessee, tenant or occupant of any part of the building or premises in which such violation has been committed or shall exist, or the agent of the owner, architect, builder, contractor, subcontractor, employee or any other person who commits, takes part in or who assists in any such violation or who maintains any building or improvement or use of any premises in violation of this chapter or any part or regulation thereof shall be deemed guilty of a Class C infraction and, upon conviction, shall be fined one hundred dollars ($100.00) for each violation, and required to take steps necessary to be in compliance.

(B)

Each day that a violation of this chapter exists, continues or is repeated shall constitute a separate violation.