This chapter shall be administered and enforced by the Zoning Administrator who shall be appointed by the Town Council.

(‘88 Code, § 10-2-1) (Ord. 82-4, passed 4-26-82; Am. Ord. 94-2, passed 4-4-94)

   (A)   There is established a Town Plan Commission under the authority provided in I.C. 36-7-4-201 et seq.

   (B)   The Plan Commission shall consist of seven members, composed of three persons in the municipal government, to be appointed by the Town Council, and four citizen members to be appointed by the Town Council President, no more than two of whom shall be members of the same political party.

   (C)   To be qualified for membership on the Town Plan Commission, each citizen member:

      (1)   Must have knowledge and experience in matters pertaining to the development in the municipality;

      (2)   May not hold any other office in the municipal government; and

      (3)   Must be a resident of the municipality.

   (D)   Additional representation should be provided for any unincorporated jurisdictional area in accordance with I.C. 36-7-4-214 et seq.

   (E)   (1)   Terms of office for members appointed from the Town Council shall be coextensive with the member’s term of office on the Commission, unless the Council appoints, at its first regular meeting in any year, another to serve as representative.

      (2)   Citizen members shall have initial terms of office as follows:

         (a)   Two for a term of three years; and

         (b)   Two for a term of four years.

         (c)   Thereafter, all appointments shall be for a term of four years. Each initial member’s term expires on the first day of January in the third or fourth year, respectively, after the year of the member’s appointment.

      (3)   Vacancies among citizen members shall be filled in the same manner as the original appointment for the unexpired term of the vacating member.

   (F)   The duties of the Town Plan Commission are all those that are enumerated and provided in I.C. 36-7-4-401 et seq.

(‘88 Code, § 10-2-5) (Ord. 81-2, passed 2-2-84; Am. Ord. 94-2, passed 4-4-94)

   (A)   Pursuant to I.C. 36-7-4-902, a Town Board of Zoning Appeals is created and empowered with all authorities, responsibilities and duties as provided by statute for advisory zoning; the membership of the Board to be five members as set forth in the statute, and all actions pertaining to the zoning and subdivision control ordinances as they affect land located within the corporate boundaries of the town previously vested in the Steuben County Board of Zoning Appeals are now exclusively vested in the Board.

   (B)   All authority, responsibilities, duties and actions required previously to be held and taken by the Steuben County Plan Commission as they affect the zoning and subdivision control ordinances of the town are transferred and vested exclusively in the Town Plan Commission.

   (C)   All authority, responsibilities, duties and actions required previously to be held and taken by the legislative bodies of Steuben County with regards to the ordinances are transferred and exclusively vested in the legislative body of the town, and all permits are to be issued by the director as designated from time to time as by law provided.

   (D)   All actions of the aforesaid County Commissions, Boards, and Agents insofar as they are in compliance with the law are ratified and confirmed.

(‘88 Code, § 10-2-6) (Ord. 81-7, passed 12-15-81; Am. Ord. 94-2, passed 4-4-94)

   (A)   It is unlawful to commence the excavation, construction, installation or alteration of any building, including accessory buildings and outdoor advertising structures, until the Administrator has issued an improvement location permit to the person responsible for the improvement. Improvement location permits are therefore required for the following:

      (1)   Construction of residential dwelling units;

      (2)   Alteration, modification, or additions to residential dwelling units;

      (3)   Mini-barns or sheds regardless of size and regardless of fixture to the ground;

      (4)   Other detached residential accessory buildings with foundations or overhead structures;

      (5)   Detached and attached garages and carports;

      (6)   Swimming pools; inground and above ground;

      (7)   Decks and porches;

      (8)   Accessory ramps and stairs;

      (9)   Construction of commercial, industrial, multi-family, institutional and all other buildings and structures;

      (10)   Alterations, modifications, or additions to commercial, industrial, multi-family, institutional and all other buildings and structures;

      (11)   Structures other than buildings including satellites greater than 24 inches in diameter, towers, antennas and signs;

      (12)   Adding or subtracting dwelling units in multi-family or commercial structures;

      (13)   Driveways that involve a new or expanded curb cut;

      (14)   A curb cut;

      (15)   Parking lot construction or expansion;

      (16)   Construction of or alterations to ponds or lakes;

      (17)   Telecommunication facilities;

      (18)   Mineral extraction;

      (19)   Any exterior construction that adds to or alters the height of the existing structure;

      (20)   Any change of use or expansion of use of property;

      (21)   Any other structural changes as deemed necessary by the Zoning Administrator;

      (22)   Outdoor masonry barbecue pits; and

      (23)   Landscaping enclosures that are more than two feet in height as measured from grade and are constructed of bricks, blocks, railroad ties, and other similar materials.

   (B)   The application for an improvement location permit shall be accompanied by:

      (1)   A description of the proposed development and legal description of the property site.

      (2)   A dimensional site plan drawn to scale showing existing and proposed structure locations, north point, easements, water supply, sewage system and road name.

      (3)   A plan, in accordance with the Storm Drainage and Erosion Control Ordinance 96-3, which will contain surface water during construction.

      (4)   A plan, in accordance with the Storm Drainage and Erosion Control Ordinance 96-3, which will control erosion during construction.

      (5)   A flood plain elevation certificate, if required by the Zoning Administrator.

   (C)   Applications for an improvement location permit not conforming with the requirements set forth in division (B) above of this section shall not be considered and will be returned to the applicant.

   (D)   (1)   Any person shall apply for an improvement location permit at the Clerk-Treasurer’s office. The applicant shall submit to the Clerk-Treasurer’s office a legal description and a scaled plot plan illustrating the location of existing uses and proposed improvements. The applicant shall also state the intended use of the building. If the application is in conformance with the Hamilton Zoning Ordinances and other applicable ordinances, the Zoning Administrator shall issue an improvement location permit. If the permit is denied, the Zoning Administrator shall state in writing the reasons for the denial. The Zoning Administrator shall grant or deny the permit within ten days from the date the application was submitted.

      (2)   An application for an improvement location permit shall not be approved until it has been ascertained by the Zoning Administrator that the applicant is in compliance with the filing requirements for erosion control on construction sites as provided by 327 I.A.C.15-5, as amended from time to time, commonly called “Rule 5.”

   (E)   An improvement location permit shall become void one year after the permit issuance unless significant progress has been made. It may be extended upon request if circumstances warrant it.

(‘88 Code, § 10-2-2) (Ord. 82-4, passed 4-26-82; Am. Ord. 91-4, passed 1-6-92; Am. Ord. 94-2, passed 4-4-94; Am. Ord. 98-8, passed 8-31-98; Am. Ord. 2003-13, passed 10-6-03; Am. Ord. 2004-23, passed 12-6-04; Am. Ord. 2015-3, passed 11-2-15)

   (A)   Fees pertaining to petitions for zoning amendments, permits, variances and appeals to the Board of Zoning Appeals shall be set by the Town Council. The fees shall be collected by the Zoning Administrator or the Clerk-Treasurer and shall assist in defraying the cost of zoning administration.

   (B)   (1)   Each application for an improvement location permit for a principal structure shall be accompanied by a fee in the amount of $0.05 per square foot of the enclosed portion of a principal structure, with a minimum fee of $50.

      (2)   Each application for an improvement location permit for an accessory building or accessory structure shall be accompanied by a fee in the amount of $0.03 per square foot of the enclosed portion of the accessory building or structure, with a minimum fee of $50.

      (3)   Each application for an improvement location permit for an improvement, modification, or alteration to an existing principal building, accessory building or accessory structure shall be accompanied by a fee in the amount of $0.03 per square foot of the enclosed portion of the improvement, modification or alteration to the existing principal building, accessory building or accessory structure, with a minimum fee of $50.

      (4)   Each application for an improvement location permit for a multi-family dwelling, in addition to the fees required by divisions (B)(1) or (B)(2), shall be accompanied by a fee of $50 for each family dwelling in the multi-family dwelling (for example, $100 for a two-family dwelling, $150 for a three-family dwelling, and the like).

      (5)   Each application for an improvement location permit for a driveway in connection with a residential structure shall be accompanied by a fee of $50.

      (6)   Each application for an improvement location permit for a driveway in connection with a non-residential structure shall be accompanied by a fee of $100.

      (7)   Each application for an improvement location permit for a sign shall be accompanied by a fee of $50 plus all costs for relocating any municipal or public utilities.

   (C)   (1)   An additional fee of $750 shall accompany every application for an improvement location permit submitted to the Zoning Administrator after construction of the improvement has begun.

      (2)   An additional fee of $100 shall accompany every application for a sign after erection of the sign has begun.

   (D)   An application fee of $300 shall accompany each request for a special exception, variance, appeal, petition for easement closure or administrative division. In addition, the applicant shall pay the cost of advertising for any required public hearing and recording fees to record the final action of the Board of Zoning Appeals or Plan Commission or approval of an administrative division.

   (E)   A subdivision preliminary plat shall be accompanied by a fee in the amount of $500 plus $50 for each lot in the proposed subdivision to assist in defraying the costs of reviewing and acting upon the proposed plat. For an exempt subdivision, the fee shall be $300 plus $50 for each lot in the proposed subdivision. In addition, the applicant shall reimburse the town in connection with the plat approval process.

   (F)   A development plan submitted pursuant to §§ 153.75 through 153.84 shall be accompanied by a fee in the amount of $200 plus $20 for each dwelling unit in the proposed planned development to assist in defraying the costs of reviewing and acting upon the proposal. The additional fee of $20 is for each dwelling unit, not for each additional structure; for example, a duplex is to be counted as two dwelling units. In addition, the applicant shall reimburse the town for engineer's fees and attorney's fees incurred by the town in connection with the development plan process.

   (G)   Each application to the Town Council or Plan Commission for an amendment to the text of the Zoning Ordinance and/or an amendment to the Zoning Map (change in zoning) shall be accompanied by a fee of $500 plus $20 per acre, or any portion thereof, for the acreage involved in the request for change in the Zoning Map.

(‘88 Code, § 10-2-3) (Ord. 82-4, passed 4-26-82; Am. Ord. passed 5-4-87; Am. Ord. 95-7, passed 12-26-95; Am. Ord. 2002-04, passed 7-1- 02; Am. Ord. 2004-06, passed 4-5-04; Am. Ord. 2004-22, passed 11-1-04; Am. Ord. 2011-7, passed 12-29-11; Am. Ord. 2018-3, passed 7-2-18; Am. Ord. 04-2023, passed 7-7-23)

   (A)   Amending procedure. The Town Council may amend, supplements or change the regulations and districts pursuant to this chapter, or a petition duly signed may be presented to the Zoning

Administrator requesting an amendment, supplement or change of the regulations of this chapter by the Plan Commission or by a private petitioner. (‘88 Code, § 10-7-1)

   (B)   Petition. The Town Council, the Plan Commission or owners of at least 50% of the area involved in a petition may apply for an amendment to the zoning chapter and/or zoning map. All petitions for amendment by a private party shall be accompanied by a fee to be established by the Town Council. (‘88 Code, § 10-7-2)

   (C)   Public hearing.

      (1)   A public hearing shall be held by the Plan Commission before the adoption of any proposed amendment supplement or change. At least ten days prior to the date set for the hearing, the Commission shall publish in a newspaper of general circulation in the city or county a notice of the time and place of the hearing.

      (2)   Notice shall contain an exact legal description of the location for which the amendment is sought and a statement of the proposed zoning change or subdivision proposal.

      (3)   Notify property owners, groups and organizations as it deems desirable, including but not limited to the petitioner and all owners of the property affected and property immediately adjoining.

(‘88 Code, § 10-7-3)

   (D)   Amending zoning ordinance. Any proposed ordinance amending the zoning ordinance, not originating from the Plan Commission, shall be referred to the Plan Commission for consideration before any final action is taken by the Town Council. In the event the report of the Plan Commission is adverse to a proposed ordinance referred to them, the ordinance shall not be passed except by a two-thirds affirmative vote of the Town Council. (‘88 Code, § 10-7-4)

   (E)   Lack of action on unfavorable report. Failure of the Town Council to pass the proposed ordinance by the affirmative vote within 90 days after its rejection by the Plan Commission shall constitute a rejection of the proposed ordinance, and the petition shall not be reconsidered by the Plan Commission or Town Council until the expiration of one year after the date of its original rejection by the Plan Commission. (‘88 Code, § 10-7-5)

   (F)   Lack of action on favorable report. A zoning ordinance amendment that has been recommended favorably by the Plan Commission, and certified to the Town Council, must receive action by the Town Council within 120 days after certification, or it shall become effective as if passed by the Council. (‘88 Code, § 10-7-6)

(Ord. 82-4, passed 4-26-82; Am. Ord. 94-2, passed 4-4-94)

   (A)   Suit for injunction. The Plan Commission, the Board of Zoning Appeals, the Zoning Administrator, or any designated enforcement official, or any person or persons, firm or corporation jointly or severely aggrieved, may institute a suit for injunction in the Circuit Court of Steuben County, Indiana to restrain an individual or a governmental unit from violating the provisions of the ordinance. The Plan Commission or the Board of Zoning Appeals may also institute suit for mandatory injunction directing an individual, a corporation, or a governmental unit to remove a structure erected in violation of any provision of this chapter or the requirements thereof is declared to be a common nuisance and as such may be abated under existing law.

   (B)   Remedies. In proceeding to enforce an ordinance, a violation must be proven by a preponderance of the factual evidence and the administrative body may not impose a penalty other than a fine, not to exceed $2,500 in aggregate, for an ordinance violation.

      (1)   The Plan Commission, the Board of Zoning Appeals or the Zoning Administrator may, by securing a mandatory injunction in the Circuit Court of the County, require the removal of a structure erected in violation of this chapter.

      (2)   A use that violates any provision of this chapter is declared to be a common nuisance and as such may be abated under existing law.

      (3)   When the Zoning Administrator determines that reasonable grounds to believe that a violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto, he shall give notice of such violation to the person or persons responsible. Such notice shall:

         (a)   Be in writing;

         (b)   Include a list of violations found;

         (c)   Allow reasonable time for correction of the violations found; and

         (d)   Be served upon the owner or his/her agent, or the occupant as the case may require. Such notice shall be deemed properly served if a copy is served upon him/her personally or if a copy is

sent by registered mail to his/her last known address, or if service is effected by a method authorized under the laws of the state.

      (4)   Should violations not be remedied within the time allowed, the Zoning Administrator may use a stop work order to halt further progress until the violations are remedied.

      (5)   If construction or placement of any structure or building, mobile home, etc., which requires a permit has begun without a permit, a stop work order shall be placed on the construction and not be removed or covered until a proper permit is issued.

      (6)   In accordance with I.C. 36-7-4-1014(f), if the Plan Commission or any designated enforcement official is successful in an action brought to enforce this chapter, the respondent shall bear the cost of the action.

      (7)   Upon presentation of proper credentials, the Zoning Administrator or his duly authorized representative may enter at reasonable times any property in the town and its jurisdictional areas, to perform any duty imposed upon him or any function necessary, for the enforcement of this chapter.

(‘88 Code, § 10-2-4) (Ord. 82-4, passed 4-26-82; Am. Ord. 94-2, passed 4-4-94; Am. Ord. 98-8, passed 8-31-98)