Leo Cedarville City Zoning Code

ADMINISTRATION

§ 152.275 ADMINISTRATION OFFICER.

The Zoning Administrator in the town will have the principal responsibility for administration and enforcing or coordinating the enforcement of this chapter within the Plan Commission’s planning jurisdiction. The Zoning Administrator shall issue all improvement location permits and sign permits. The Zoning Administrator shall have the inherent authority to interpret the Zoning Code, including but not limited to, determining in which zoning districts a proposed use is permitted or a special exception. All determinations of the Zoning Administrator may be appealed to the Board of Zoning Appeals pursuant to rules adopted by the BZA for the handling of administrative appeals.

(Ord. passed - - ; Ord. 2021-08, passed 10-19-2021)

§ 152.276 EFFECT ON ANNEXATION OR VACATION ON ZONING.

(A) After the effective date of this chapter, areas annexed by the town shall be converted to the appropriate zoning district.

(B) Whenever any street, alley, public way, railroad right-of-way, waterway, or other similar area is vacated by proper authority, the zoning districts adjoining each side of vacated areas shall be extended automatically to the center of the vacated area. All areas included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended zoning districts. In the event of a partial vacation, the adjoining zoning district, or zoning district nearest the portion vacated, shall be extended automatically to include all of the vacated area. Any disputes as to the exact zoning district boundaries shall be determined by the Zoning Administrator. Appeals of the Zoning Administrator’s determination may be brought before the Board of Zoning Appeals.

(Ord. passed - - ; Ord. 2021-08, passed 10-19-2021)

§ 152.277 SUMMARY OF POWERS AND DUTIES OF THE TOWN COUNCIL.

The powers and duties of the Town Council are described below.

(A) Town Council duties:

(1) Adopt, reject or amend the Comprehensive Plan, Strategic Plans, Zoning Ordinance, or Subdivision Control Ordinance that have been certified and submitted by the Plan Commission;

(2) Adopt, reject or amend proposals to amend or partially repeal the text of the Comprehensive Plan, Strategic Plans, Zoning Ordinance, or Subdivision Control Ordinance that has been certified and submitted by the Plan Commission;

(3) Adopt, reject or amend proposals to amend the Official Zoning Map certified and submitted by the Plan Commission;

(4) Adopt, reject or amend proposals for a Planned Development District that have been certified and submitted by the Plan Commission;

(5) Adopt, reject or amend proposals to adopt or amend a fee schedule that have been certified and submitted by the Plan Commission; and

(6) All duties as permitted by Indiana State Code.

(B) Town Council powers:

(1) Initiate amendments to the text of the Comprehensive Plan, Strategic Plans, Zoning Ordinance, or Subdivision Control Ordinance;

(2) Initiate amendments to the Official Zoning Map; and

(3) All powers as permitted by Indiana State Code.

(Ord. passed - - )

§ 152.278 SUMMARY OF POWERS AND DUTIES OF THE PLAN COMMISSION.

The powers and duties of the Plan Commission are described below.

(A) Plan Commission duties:

(1) Adopt and maintain a Town Council approved Comprehensive Plan, Zoning Ordinance and Subdivision Control Ordinance as authorized under Indiana State Law;

(2) Adopt and maintain rules and procedures for holding meetings, holding pubic hearings, and administrating and enforcing the Comprehensive Plan, Zoning Ordinance, and Subdivision Control Ordinance;

(3) Maintain complete records of all meetings, hearings, correspondences, and affairs of the Plan Commission;

(4) Record and file bonds and contracts for development and land use functions;

(5) Publish and make available to the public all plans, ordinances, and other related material that are the responsibility of the Plan Commission;

(6) Adopt and maintain a permitting process and seal used to certify official or approved documents;

(7) Certify and submit recommendations to the Town Council including new versions of and revisions to the Comprehensive Plan, Zoning Ordinance, Subdivision Control Ordinance, and Official Zoning Map;

(8) Certify and submit recommendations to the Town Council for adopting a Planned Development District;

(9) Approve or deny plats or replats of subdivisions;

(10) Approve or deny development plans and amendments to development plans;

(11) Assign street numbers to new lots and structures, renumber lots and structures, assign street names, and approve or deny proposed street names in new developments;

(12) Establish and maintain a Town Council approved fee schedule that assigns a fee to permits, processes, and official actions of the Plan Commission in order to defray the administrative costs of such duties and powers;

(13) Enforce regulations and procedures of the Comprehensive Plan, Zoning Ordinance, and Subdivision Control Ordinance to the extent of the local resolutions, ordinances, and State of Indiana Law; and

(14) All duties as required by Indiana State Code.

(B) Plan Commission powers:

(1) Hire, remove, and determine job descriptions for support staff to the Plan Commission;

(2) Establish an executive committee;

(3) Seek funding assistance through grant programs as necessary;

(4) Distribute copies or summaries of the Comprehensive Plan, Zoning Ordinance, or Subdivision Control Ordinance to the general public and development community; and

(5) All powers as required by Indiana State Code.

(Ord. passed - - )

§ 152.279 SUMMARY OF POWERS AND DUTIES OF THE BOARD OF ZONING APPEALS.

The powers and duties of the Board of Zoning Appeals are described below.

(A) Board of Zoning Appeals duties:

(1) Review and hear appeals of decisions made under this chapter by the Zoning Administrator, Plan Commission;

(2) Review, hear and approve or deny all petitions for special exceptions based on the provisions of this chapter and Indiana State Code;

(3) Review, hear, and approve or deny all petitions for variances from the development standards of this chapter;

(4) Review, hear, and approve or deny all petitions for variances of use regulations in this chapter; and

(5) All duties as permitted by Indiana State Code.

(B) All powers as permitted by Indiana State Code.