(A)   Establishment and membership. A Board of Zoning Appeals is established in accordance with I.C. 36-7-4-900 et seq., as amended from time to time. The present members of the Kouts Board of Zoning Appeals are designated as members of the Board of Zoning Appeals created herein.

   (B)   Powers. The Board of Zoning Appeals shall have all the powers provided in I.C. 36-7-4-900 et seq., as amended from time to time. In the exercise of these powers, the Board of Zoning Appeals may impose such conditions as it may deem advisable in the furtherance of the purposes of this Zoning Code.

   (C)   Rules of procedure.

      (1)   The Board of Zoning Appeals shall adopt rules of procedure which may not conflict with the Zoning Code concerning:

         (a)   The filing of appeals;

         (b)   The application for variances, special exceptions, special uses, continent uses and conditional uses;

         (c)   The giving of notice;

         (d)   The conduct of hearings;

         (e)   The determination of whether a variance application is for a variance of use or a variance from development standards (such as height, bulk or area).

      (2)   The Board of Zoning Appeals may also adopt rules providing for:

         (a)   The allocation of cases filed;

         (b)   The fixing of dates for hearings;

         (c)   The general conduct of the business of the Board of Zoning Appeals.

      (3)   Prior to the determination of an appeal or decision on a permit for special exception, special use, contingent use or conditional use or decision on variances, the Board of Zoning Appeals shall fix a reasonable time for a hearing. Public notice shall be provided as required by the rules of the Board of Zoning Appeals.

   (D)   Meetings. The meetings of the Board of Zoning Appeals shall be held at the call of the chairman at such times as the Board may determine. The Board of Zoning Appeals 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 are public records. The Board of Zoning Appeals shall in all cases heard by it make written findings of fact.

   (E)   Appeals jurisdiction. The Board of Zoning Appeals shall hear and determine appeals from and review:

      (1)   Any order, requirement, decision or determination made by an administrative official or staff member under the Zoning Code;

      (2)   Any order, requirement, decision or determination made by an administrative board or other body, except the Plan Commission, in relation to the enforcement of the Zoning Code.

   (F)   Exceptions and uses. The Board of Zoning Appeals shall approve or deny all special exceptions and special uses from the terms of the Zoning Code, as specifically required by the Zoning Code. A special exception or special use may only be approved upon a determination in writing. The Board of Zoning Appeals may impose such conditions as will ensure that:

      (1)   The establishment, maintenance or operation of the special use or special exception will not be detrimental to or endanger the public health, safety, comfort, morals or general welfare and is in accordance with the Comprehensive Plan of the town;

      (2)   The special exception or special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish and impair property values within the community;

      (3)   The establishment of the special exception or special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the Zoning District;

      (4)   The special exception or special use shall be required to comply with reasonable time limitations on commencement and duration of special exception or special use, as well as holder of rights to special exception or special use;

      (5)   Adequate utilities, access roads, drainage and/or other necessary facilities will be provided;

      (6)   Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;

      (7)   The special exception or special use shall in all other respects conform to the applicable regulations of the Zoning District in which it is

located and the Board of Zoning Appeals finds that there is a public necessity for the special exception or special use.

   (G)   Variances of use from terms of Zoning Code. The Board of Zoning Appeals shall approve or deny all variances of use from the terms of the Zoning Code. The Board of Zoning Appeals may impose reasonable conditions as part of its approval. A variance hereunder may only be approved upon a specific determination in writing 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 strict application of the terms of the Zoning Code 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 of the town.

   (H)   Variances from development standards of Zoning Code. The Board of Zoning Appeals shall approve or deny variances from the development standards (such as height, bulk or area) of the Zoning Code. A variance hereunder may only be approved upon a specific determination in writing 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; and

      (3)   The strict application of the terms of the Zoning Code will result in practical difficulties in the use of the property.

   (I)   Procedure in appeals for variances. The Board of Zoning Appeals may approve variances only upon the specific written determinations required in this section, together with the procedures and guidelines stated hereafter, namely:

      (1)   A nonconforming use of neighboring lands, buildings or structures in the same Zoning District, and a permitted use of lands, buildings or structures in other Zoning Districts shall not be considered grounds for approval of a variance. Any other variance granted in the same general area shall not constitute grounds for approval of another similar variance;

      (2)   The variance shall be the minimum variance that will make possible a reasonable use of the land, building or structure, equivalent to, but not exceeding the use of similar lands, buildings or structures permitted generally in the same Zoning District;

      (3)   A date shall be set for a public hearing on the variance not less than ten days after the application for such is received and notice shall be given as required herein. A public hearing shall be held before action is taken on any variance;

      (4)   The Board of Zoning Appeals shall determine whether each of the requirements have been met. In granting any variance, the Board of Zoning Appeals shall prescribe conditions and safeguards to assure conformity with the purposes of this chapter. Violation of such conditions and safeguards, when made part of the terms under which the variance is granted, shall be deemed a violation of this Zoning Code.

      (5)   No variance shall be granted which will permit a use not permitted in the pertinent Zoning District by this Zoning Code.

      (6)   Any approved variance shall become void if:

         (a)   The variance is not exercised within 90 days after being granted;

         (b)   Any structure or characteristic of use permitted by variance is moved, removed or discontinued;

      (7)   A request for variance may be initiated only by the property owners and none other.

   (J)   Appeals to the Board.

      (1)   An appeal filed with the Board of Zoning Appeals must specify the grounds of the appeal and must be filed within ten days from the date of the action appealed from. In the event appeal is not taken, as specified herein, the right of appeal shall be terminated.

      (2)   The administrative official or other body from whom the appeal is taken shall, on the request of the Board of Zoning Appeals, transmit all documents, plans and papers constituting the record of the action from which an appeal was taken.

      (3)   Upon appeal, the Board of Zoning Appeals may reverse, affirm or modify the order, determination, requirement or decision appealed from. For this purpose, the Board of Zoning Appeals has all the powers of the official, officer, board or body from which the appeal is taken.

      (4)   The Board of Zoning Appeals shall make a decision on any matter that it is required to hear, as specified in this section, either:

         (a)   At the meeting at which that matter is first presented; or

         (b)   At the conclusion of the hearing on that matter, if it is continued;

      (5)   The Board of Zoning Appeals shall file in the office of the Board a copy of its decision within five days after making any decision.

   (K)   Public hearings. Upon the filing with the Board of Zoning Appeals of an appeal, or of an application for special exception, special use or variance, a reasonable time and place for public hearing thereon shall be established and notice thereof shall be given by the Town Clerk-Treasurer as follows:

      (1)   Submit a completed legal advertise- ment notice form to two newspapers of general daily circulation in the town for one publication in each newspaper at least ten days prior to the scheduled public hearing date;

      (2)   Obtain a certified list of the adjacent property owners to the property involved in the application or appeal and either hand-deliver or mail by certified mail, return receipt requested, a copy of the completed legal advertisement notice form to each adjacent property owner, as defined herein- after. In the event an adjacent property owner owns more than parcel of property, as indicated on the certified list, then that adjacent property owner shall receive separate notices for each parcel owned, to be mailed separately, with proof of separate mailing required. Hand-delivered notices must be accompanied by a signed and dated verification of delivery. Notification to the adjacent property owners must be made to each adjacent property owner at least ten days prior to the date of the public hearing.

         (a)   The legal notice shall state the name of the legal owner of the property. For example, in the event the property is held in a trust, then the legal notice shall state the name of the bank and trust number. The legal notice shall also include the nature of the request, namely, special use permit, special exception, variance and the like.

         (b)   Adjacent property owners are defined as those property owners within 500 feet of the subject property boundaries. The certified list of adjacent property owners must make reference to the above perimeters.

         (c)   Proof of publication of legal advertisement in the newspapers, as well as providing the certified list of adjoining property owners and proof of notice to the adjoining property owners must be submitted to the designated town official at least 24 hours prior to the public hearing.

         (d)   Notice shall also be mailed by the Town Clerk-Treasurer and to each member of the Town Council.

   (L)   Appeal to court. Each decision of the Board of Zoning Appeals is subject to review by certiorari. Each person aggrieved by a decision of the Board of Zoning Appeals may present to the Circuit or Superior Courts of Porter County a verified petition setting forth that the decision is illegal in whole or in part and specifying the grounds of the illegality. The aggrieved person shall present the petition to the Court within 30 days after the date of that decision of the Board of Zoning Appeals.

(Ord. 1995-12, passed 7-6-95; Am. Ord. 1996-21, passed 1-20-97; Am. Ord. 1997-9, passed 8-18-97; Am. Ord. 2008-1, passed 2-18-08; Am. Ord. 2014-5, passed 8-18-14)

   (A)   No building or structure shall be erected, reconstructed, enlarged or moved until a zoning permit shall have been applied for in writing and issued by the designated administrative official. A fee, as determined from time to time, shall be paid when making application for a zoning permit. The permit shall be posted in a prominent place on the premises prior to and during the period of erection, reconstruction, enlargement or moving.

   (B)   No zoning permit shall be issued unless the administrative official, or duly designated representative, certifies thereon that the permit conforms with the provisions of this Zoning Code or that the applicant has received a written variance or special exception from the Board of Zoning Appeals. If the permit is denied, reasons for the denial shall be provided to the applicant in writing.

   (C)   All applications for zoning permits shall be accompanied by plans in triplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of buildings already existing, if any, and the location and dimensions of the proposed building or alteration. The application shall include such other information as may be required by the administrative official or duly designated representative, including existing or proposed building or alteration, existing or proposed uses of the building and land, the number of families, housekeeping units or rental units the building is designated to accommodate, conditions existing on the lot and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this Zoning Code.

   (D)   One copy of the plans shall be returned to the applicant by the administrative official, or duly designated representative, after he or she shall have marked such copy either as approved or disapproved and attested to the same by his or her signature on such copy. The original and one copy of the plans, similarly marked, shall be retained by the administrative official or duly designated representative.

(Ord. 1995-12, passed 7-6-95)

   (A)   It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefor by the administrative official, or duly designated representative, stating that the proposed use of the building or land conforms to the requirements of this Zoning Code.

   (B)   A certificate of occupancy shall be required for any of the following:

      (1)   Occupancy and use of a building hereafter erected or enlarged;

      (2)   Change in the use of an existing building;

      (3)   Occupancy and use of vacant land, except for the raising of crops;

      (4)   Change in the use of land to a use of different classification, except for the raising of crops;

      (5)   Any change in use of a non- conforming use.

   (C)   Written application for a certificate of occupancy for a new building or for an existing building which has been enlarged shall be made at the same time as the application for the zoning permit for such building. No fee shall be charged for an original certificate when applied for at the same time as an application for a zoning permit. For all other certificates or copies of any original certificate, there shall be a fee charged. The certificate shall be issued within a reasonable time after a written request for the same has been made to the Plan Commission after the erection or enlargement of such building or part thereof has been completed in conformity with the provisions of this Zoning Code.

   (D)   Pending the issuance of such a certificate, a temporary certificate of occupancy may be issued by the administrative official designated representative for a period of not more than six months during the completion of the construction of the building or of alterations which are required under the terms of any law or ordinance. The temporary certificate shall not be construed in any way to alter the respective rights, duties or obligations of the owner or of the town relating to the use of occupancy of the land or building or any other matter covered by this Zoning Code, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants.

   (E)   Written application for a certificate of occupancy for the use of vacant land, for a change in the use of land or of a building or for a change in a nonconforming use, as herein provided, shall be made to the Plan Commission.

   (F)   If the proposed use is in conformity with the provisions of this Zoning Code, the certificate of occupancy therefor shall be issued within three days after the application for the same has been made.

   (G)   Each certificate of occupancy shall state that the building or proposed use of a building or land complies with all provisions of this Zoning Code.

   (H)   A record of all certificates of occupancy shall be kept on file in the Town Hall, and a copy shall be forwarded on request to any person having proprietary or tenancy interest in the building or land affected.

   (I)   No permit for erection of any building shall be issued before application has been made for a certificate of occupancy.

(Ord. 1995-12, passed 7-6-95)

   (A)   All departments, officials and public employees of the town which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Zoning Code and shall issue no permit or license for any use, building or purpose, if the same would be in conflict with the provisions of this Zoning Code.

   (B)   Any permit or license, issued in conflict with the provisions of this Zoning Code, shall be null and void.

(Ord. 1995-12, passed 7-6-95)

   Fees required by this chapter shall be as follows.

   (A)   The fees below shall be paid upon filing an application for the following:

      (1)   For Zone Map change: $300;

      (2)   For Special Exception: $300;

      (3)   For Zoning Permit: $5;

      (4)   For Certificate of Occupancy, separate and apart from those granted with Zoning Permits: $5;

      (5)   For any application for appeal or variance: $300;

      (6)   For duplicate permits or copies of permits or applications: $1 per page;

      (7)   Notice of Public Hearing costs shall be borne by Petitioner.

   (B)   The fee actually incurred by the town's engineering consultants and attorneys attributed to the review, application and processing of the above listed filing, and billed at rates reasonably and customarily charged by those engineering consultants and attorneys to their new clients. This fee must be paid in full prior to any permit, certificate, appeal or variance being issued and becoming effective.

   (C)   The actual cost incurred by the Board of Zoning Appeals, including all expenses, wages and reimbursements for its members, staff, materials, and notifications necessary for any special meeting held to conduct business for an applicant, petitioner or appellant. This fee must be paid in full prior to any permit, certificate, appeal or variance being issued and becoming effective.

(Ord. 1995-12, passed 7-6-95; Am. Ord. 2014-2, passed 5-19-14; Am. Ord. 2015-6, passed 8-17-15)

   The Plan Commission, by the duly designated town representative, and/or Board of Zoning Appeals, shall have the duty to enforce the provisions of this Zoning Code in the manner and form and with the powers provided in the laws of the State of Indiana and in this or any other ordinances of the Town of Kouts, Porter County, Indiana.

(Ord. 1995-12, passed 7-6-95)

   (A)   Any person or corporation, whether as principal, agent, employee or otherwise, who violates any of the provisions of this Zoning Code shall be subject to penalty and fine of not less than $25 and not more than $2,500 for each offense, such fine to inure to the town. Each day of the existence of any violation shall be deemed a separate offense. The erection, construction, enlargement, conversion, moving or maintenance of any building or structure and the use of any land or building which is continued, operated or maintained contrary to any of the provisions of this Zoning Code is declared to be a violation of this chapter and unlawful.

   (B)   The Town Attorney shall, immediately upon any such violation having been called to his or her attention, institute injunction, abatement or any other appropriate action to prevent, enjoin, abate or remove such violation. Such action may be instituted by any property owner also who may be especially damaged by any violation of this Zoning Code.

   (C)   The remedy provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.

(Ord. 1995-12, passed 7-6-95)