(A)   No special use may be approved under § 156.112 and no other change in the use of land that involves a change in any structure on or in any land, or in the condition of the land, may be made unless the Administrator on application, issues an improvement location permit authorizing the change.

   (B)   The filing fees for improvement location permits shall be as follows.

      (1)   New construction, for one-, two- or multi-family dwelling units, as well as placement of manufactured homes types I, II and III: $0.10 per square foot, with up to six inspections included. There will be a $40 charge for each additional inspection. The maximum charge will be $600.

      (2)   Alterations, additions and accessory buildings: $0.10 per square foot, with up to six inspections included. There will be a $40 charge for each additional inspection. The maximum charge will be $600.

      (3)   New commercial and industrial construction: ten cents per square foot, with up to six inspections included. There will be a $40 charge for each additional inspection. The maximum charge will be $3,500.

      (4)   Educational or religious facility: $0.10 per square foot, with up to six inspections included. There will be a $40 charge for each additional inspection. The maximum charge is $2,000.

      (5)   There will be a $40 charge per visit for any other inspection.

(Ord. 614, passed 2-22-1999)

   (A)   No application for an improvement location permit under § 156.125 above may be considered unless the applicant has also applied for a certificate of occupancy.

   (B)   No land or structure with respect to which a permit has been issued under § 156.125 above may be used for the purpose contemplated by the permit unless the Administrator, after the change is completed, issues a certificate of occupancy stating that the change complies with this chapter and with the permit.

   (C)   Within ten days after the completion of the change authorized by the improvement location permit, the Administrator or his or her designee shall inspect the premises and, if the change conforms to this chapter and the improvement location permit, and a certificate of compliance, if required by § 156.129 below, has been obtained, he or she shall issue a certificate of occupancy.

(Ord. 614, passed 2-22-1999)

   (A)   In addition to all other required applications, information and permits from other governmental agencies, a person who applies for an improvement location permit under § 156.125 must furnish the Administrator with plans drawn to scale showing:

      (1)   The location and legal description of the land concerned;

      (2)   The location and size of all buildings and structures already on the land and those to be erected, including parking, signage, landscaping and screening;

      (3)   The size of all entrances to and exits from the (and, including all adjacent streets and highways;

      (4)   Detailed drawings showing all construction and materials; and

      (5)   Elevations of all buildings to be constructed.

   (B)   Plans so furnished shall be kept by the Administrative Officer as permanent records. As a condition of issuing a permit, the Administrator may require changes to the landscape plan upon recommendation of the Design Review Committee, the relocation of any structures or buildings, or of any entrance or exit, or the inclusion of entrances or exits not shown on the plan, or the deletion of any entrance or exit, if the requirement is necessary in the interest of the public welfare or to an appropriate balancing of the interests of persons in the district and vicinity concerned.

(Ord. 614, passed 2-22-1999)

   If an application for an improvement location permit relates to an industrial use, it must be accompanied by a certificate of compliance, certified by a registered professional engineer of the state, stating that the use will meet the performance standards of the district concerned. After ten working days have elapsed during which the Administrator has not required additional information or objected in writing, he or she shall issue the permit.

(Ord. 614, passed 2-22-1999)

   Manufactured homes and manufactured home subdivisions must satisfy all of the other requirements of this chapter and meet all requirements of Chapter 155 of this code, in addition to the following requirements. If these requirements differ from the state standards set forth in I.C. 13-1-7 or 410 I.A.C. 6-6-1, the stricter requirement governs.

   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      MANUFACTURED HOME. A structure, fabricated in an off-site manufacturing facility, which is transportable in one or more sections and is designed for uses as a dwelling with or without a permanent foundation when connected to the required utilities. Such a structure may or may not be built on an integral chassis. The term MANUFACTURED HOME shall not include a "recreational vehicle."

      MANUFACTURED HOME, TYPE I. A single-family dwelling unit designed and built in a factory, installed as a permanent residence, which bears a seal certifying that it was built in compliance with the federal Manufactured Housing Construction and Safety Standards Law (1974 (U.S.C. §§ 5401 et seq.), and which also complies with the following specifications:

         (a)   Shall have been constructed after January 1, 1981 and must exceed 950 square feet of occupied space per I.C. 36-7-4(d);

         (b)   Is attached to a permanent underfloor foundation of masonry construction, which is not pierced, except for required ventilation and access; and has a permanent perimeter enclosure constructed in accordance with the One and Two Family Dwelling Code;

         (c)   Has wheels, axles and towing chassis removed;

         (d)   Has a pitched roof with a minimum rise of 2/12;

         (e)   Consists of two or more sections; which, when joined, have a minimum dimension of 20 feet by 47.5 feet in length or width enclosing occupied space; and

         (f)   Have siding and roofing material of a type customarily used on dwellings constructed on-site.

      MANUFACTURED HOME, TYPE II. A structure, fabricated in an off-site manufacturing facility for installation or assembly at a building site, bearing a seal certifying that it is built in compliance with the Federal Manufactured Home Construction and Safety Standards Act (42 U.S.C. §§ 5401 et seq.) or I.C. 22-15-4-1 (as opposed to a Type I manufactured home which is built in the conformance with the Indiana One and Two Family Dwelling Code). To be considered a Type II manufactured home, the structure must:

         (a)   Contain at least 950 square feet of occupied space per dwelling unit;

         (b)   Be a double or multiple section unit;

         (c)   Be placed on a permanent under-floor foundation installed in conformance with the State One and Two Family Dwelling Code and according to the manufacturer's installation specifications;

         (d)   Be placed onto a permanent perimeter enclosure in conformance with the Indiana One and Two Family Dwelling Code;

         (e)   Have the wheels, axles and hitch mechanisms removed;

         (f)   Have siding and roofing material of a type customarily used on dwellings constructed on-site;

         (g)   Be connected to all the utilities necessary for the occupancy of the unit in conformance with the State One and Two Family Dwelling Code; and

         (h)   Have been constructed after January 1, 1981.

      MANUFACTURED HOME, TYPE III. A structure, fabricated in an off-site manufacturing facility, which is transportable in one or more sections and is designed for use as a single-family dwelling. A mobile home would meet this definition. To be considered a TYPE III MANUFACTURED HOME, the structure must:

         (a)   Be properly connected to all utilities necessary for the occupancy of the unit; and

         (b)   Be set on piers and properly skirted, with wheels and axles removed, in a manufactured home subdivision.

   (B)   Minimum lot area.

      (1)   Manufactured home subdivision, five acres.

      (2)   Manufactured home lot, 5,000 square feet.

   (C)   Ground floor area. A manufactured home may not be established, erected or changed so that its ground floor area is less than 500 square feet or cover more than 40% of the total lot area, as stated in § 156.056 above.

   (D)   Building height. A main building or structure may not be erected or changed so as to have a height greater than 25 feet, or as stated in § 156.055 above.

   (E)   Yards and distances between structures.

      (1)   The minimum distance between manufactured home stands on opposite sides of the street must be at feast 60 feet and front yards must be at least 15 feet, as stated in § 156.059.

      (2)   The minimum distance between a manufactured home stand and a street pavement, a common parking area, a common walk or other common area must be ten feet, or as restricted in § 156.059.

      (3)   The minimum distance between a manufactured home stand and the pane boundary when adjoining another use must be 30 feet.

   (F)   Laundry facilities.

      (1)   Laundry facilities must be provided either individually in each manufactured home and its space, in a centralized common facility, in decentralized common facilities, or in a combination of these to suit local preferences and the availability of washers and dryers supplied in the manufactured homes.

      (2)   Where centralized provisions of washers, dryers or common drying yards are required they must be located convenient to the manufactured home spaces.

   (G)   Recreation facilities.

      (1)   Recreation areas and facilities, such as playgrounds, swimming pools and community buildings must be provided to meet the anticipated needs of the clientele the park is designed to serve. Provision of separate adult and children's recreation areas is encouraged.

      (2)   At least one-half acre per 25 units must be devoted to designed and developed recreational facilities, generally provided in a centralized location or in the larger parks, decentralized. The minimum dimension of a recreation area is 100 square feet. RECREATION AREA includes space for community buildings, adult recreation, child play areas and swimming pools.

   (H)   Screen planting and fences.

      (1)   A tight screen planting six feet in width and height, effective during all seasons of the year, must be placed adjacent to the boundary of a manufactured home subdivision.

      (2)   A wire mesh fence four feet high must be placed at the boundary line of a manufactured home subdivision.

      (3)   Fences or free standing walls must be installed where necessary for screening purposes, such as around laundry yards, refuse collection points and play grounds.

      (4)   All fences and walls must be located at least 18 feet from interior street center lines and at least 18 inches from the pavement edge of streets, driveways, parking spaces and walks.

      (5)   Fences and walls must be appropriately designed for the function intended and shall be substantially constructed to withstand conditions of soil, weather and use.

   (I)   Community facilities. Essential community facilities and services for the type of manufactured home subdivision under construction, such as schools, recreation areas, police and fire protection must be made reasonably accessible to the park, or provisions must be made assuring these facilities and services.

   (J)   Sanitary facilities.

      (1)   The manufactured home subdivision must be provided with a complete sanitary sewer system that connects with an existing approved sanitary sewer outlet with a separate treatment plant, to be provided by the developer in accordance with the minimum requirements of the State Board of Health and the Stream Pollution Control Board.

      (2)   The plans for the installation of a sanitary sewer system must be provided by the developer of a manufactured home subdivision and approved by the State Board of Health. Upon the completion of the sanitary sewer installation, the plans for the system as built must be filed with the Commission.

(Ord. 614, passed 2-22-1999)

   (A)   Manufactured homes Type III shall be permitted as temporary uses only in R1, R2 and R3 districts as subject to the requirements in §§ 156.055 through 156.072 above, as well as those in this section.

   (B)   In the event that a single-family home has been destroyed by fire, explosion, act of God or the public enemy, and an improvement location permit has been issued for its replacement or reconstruction, the property owner may make application for an improvement location permit for a Type III manufactured home to be placed on the same property for a period not to exceed one year. No extensions of time shall be permitted by the Administrator.

   (C)   Application procedures and requirements shall be the same as for any other improvement location permit.

   (D)   Placement of the Type III manufactured home shall be subject to all use requirements and restrictions applicable to a single-family home.

   (E)   In addition to all other requirements, the property owner shall post a $1,000 cash bond in favor of the city to be held by the City Clerk. The cash bond shall be returned without interest upon removal of the Type III manufactured home and the issuance of a certificate of occupancy for the constructed reconstructed single-family home. The cash bond may be drawn on by the Council of the city, at the Council's discretion upon the advice of the Administrator, that the property owner has failed to remove the Type III manufactured home either at the end of one year or within one week of the issuance of the certificate of occupancy for the constructed reconstructed single-family home, whichever occurs first. The cash bond may be used to defray expenses incurred by the city for the removal of the Type III manufactured home and legal costs directly associated with the enforcement of this chapter.

   (F)   This section is not intended nor should it be construed to limit the damages, legal equitable, that the city may seek in the enforcement of this chapter, nor should this section be construed as authorizing any violation of this chapter and Chapter 155 of this code, and the designated uses of respective parcels of real estate.

(Ord. 614, passed 2-22-1999)

   (A)   No trailer, mobile unit, mobile prefabricated structure, or any other temporary facility shall be used for school, church, business, office or any other nonresidential use except as for specially provided for by the Planning Commission as a temporary use.

   (B)   Such a structure may not be used for a period longer than one year. No temporary use shall be permitted where permanent use for the purpose is not permitted or authorized.

   (C)   When a temporary facility is used in connection with a construction project such use may exist in any district where the use of the completed structure would be permitted for as long as the construction is proceeding with reasonable diligence.

   (D)   Application procedures and requirements shall be the same as for any other improvement location permit.

   (E)   In addition to all other requirements, the property owner shall post a $1,000 cash bond in favor of the city to be held by the City Clerk.

      (1)   The cash bond shall be returned without interest upon removal of the temporary structure. The cash bond may be drawn on by the Council of the city, at the Council's discretion upon the advice of the Administrator, that the property owner has failed to remove the temporary unit either at the end of one year or within one week of completion of the permanent structure.

      (2)   The cash bond may be used to defray expenses incurred by the city for the removal of the temporary structure and legal costs directly associated with the enforcement of this chapter.

(Ord. 614, passed 2-22-1999)

   (A)   A record of each improvement location permit and each certificate of occupancy shall be kept by the Administrator.

   (B)   Upon request, a copy shall be furnished to any person having a proprietary possessory interest in the premises concerned.

(Ord. 614, passed 2-22-1999)

   The Administrator shall accept only a complete application and issue the improvement location permit or deny the application together with a statement of reasons for the denial within a period of eight working days following its submittal, except for the longer period of time required for industrial uses as provided in § 156.128 above.

(Ord. 614, passed 2-22-1999)

   A decision of the Administrator under § 156.131 above may be appealed to the Advisory Board of Zoning Appeals subject to the provisions of § 156.114 above.

(Ord. 614, passed 2-22-1999)

   An improvement location permit shall be valid for a period of one year at which time it shall expire, unless work authorized by the improvement location permit is proceeding and inspections have been made by an official City Inspector, in which case it shall remain in full force and effect.

(Ord. 614, passed 2-22-1999)

   (A)   It shall be the duty of the Administrator to enforce these regulations and to bring any violations or lack of compliance to the attention of the City Attorney who may file a complaint against the person and prosecute the alleged violation.

   (B)   Any person may, by suit in a circuit or superior court of the county, enjoin the violation of this chapter.

   (C)   The Advisory Board of Zoning Appeals by mandatory injunction in the circuit court of the county against the owner or possessor of the real estate, may require the removal, of a structure erected in violation of this chapter, or the removal of any use or condition in violation of this chapter.

   (D)   A use that violates this chapter shall be treated as if it were a common nuisance, and the owner or possessor of the structure, land or premises upon which the use is maintained shall be liable for the nuisance.

   (E)   Any person whether owner and/or possessor, who shall violate, or who permits or allows a violation, of any of the provisions of this chapter, or who fails to comply therewith or with any requirements thereunder, or who shall build, reconstruct or structurally alter any building in violation of any detailed statement or plan submitted upon which an approval or grant is given under this chapter, shall, upon complaint filed in any court of the county and upon judgment finding the violation, be fined not less than $500 and not more than $1,000, and each day that the violation or non-compliance shall be permitted to exist, shall constitute a separate violation.

   (F)   No improvement location permit or building permit required under the Uniform Building Code or this chapter shall be issued on any property subject to this chapter in violation of the provisions of this chapter.

   (G)   Notwithstanding anything contained in this chapter to the contrary or appearing to be to the contrary, and in addition and supplementary to other provisions of this chapter, if the Board of Zoning Appeals or the city is required to utilize the services of the city attorney or any other attorney in investigating a possible violation of this chapter or enforcing the provisions of this chapter before any board or court (including appeals), and the investigation results in a determination that a violation has occurred or if the Board of Zoning Appeals or city is successful in its enforcement of the ordinance by way of suit, appeal or other appropriate proceeding, the respondent, defendant or party investigated for a violation shall pay the city's reasonable attorney fees and all costs related to the investigation of the violation and/or the enforcement of this chapter, unless the attorney fees or costs are specifically waived by the City Council.

   (H)   As to any appeal from a decision of the Board of Zoning Appeals, costs may not be allowed against the Board of Zoning Appeals unless it appears to the court that the Board acted with gross negligence or in bad faith in making the decision brought up for review.

   (I)   The Administrator or any person or persons assisting the Administrator in the application, and enforcement of this chapter is hereby authorized to go onto private property for the purpose of conducting inspections required by the chapter or any order of the Plan Commission, Board of Zoning Appeals or the City Council, or required to determine if this chapter is being violated, or required to enforce this chapter. The inspection or inspections shall occur at reasonable times and shall be conducted in a manner so as not to disturb the peace.

(Ord. 614, passed 2-22-1999)

NOTICE IS HEREBY GIVEN THAT the Plan Commission of Ligonier, Indiana, on the _____ day of ___________________________, _____, at _______ AM PM (circle one) at the Ligonier City Hall, 103 West Third Street, Ligonier, Indiana, will hold a public hearing on a proposed zoning ordinance for the City of Ligonier.

The geographic areas to which the proposed ordinance applies are: _________________________

________________________________________________________________________________

________________________________________________________________________________

The following is a summary of the subject matter contained in the proposed ordinance: __________

________________________________________________________________________________

________________________________________________________________________________

Written objections or comments to the provisions of the ordinance may be filed with the Plan Commission before such hearing, will be heard at the specified time and place and will be considered. Oral comments concerning the proposal will also be heard. The hearing may be continued from time to time as may be necessary.

A copy of the proposed ordinance is available for public inspection in the Office of the City Clerk in the City Hall.

Plan Commission of Ligonier, Indiana

By: _________________

   Secretary

Notice is hereby given that the Plan Commission of Ligonier, Indiana will hold a hearing on a proposed amendment to the text of Ordinance No. _______, the Zoning Ordinance of Ligonier, Indiana. The hearing will be held on the ______ day of _____________,_____, at _______AM PM (circle one) at the Ligonier City Hall, 103 West Third Street, Ligonier, Indiana. Interested parties may voice an opinion upon hearing date and/or file written comments concerning the amendment.

The proposed amendment was initiated by the Plan Commission. The amendment would do the following:

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

This amendment would apply to the following geographic area:

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

The proposed amendment may be examined in the office of the Plan Commission located in the Ligonier City Hall in Ligonier, Indiana.

Plan Commission of Ligonier, Indiana

By: _________________________

   Secretary

RESOLUTION

No: _________

Passed: __________

A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LIGONIER, INDIANA, APPROVE A PROPOSAL INITIATED BY THE COMMISSION TO AMEND THE TEXT OF THE ZONING ORDINANCE.

WHEREAS, The Plan Commission of the City of Ligonier did on _________________ hold a legally advertised public hearing on an amendment to the text of Chapter ___________________ of the Code of Laws of the City of Ligonier, Indiana, which is the zoning ordinance of the City, until all objections and remonstrances were heard; and

WHEREAS, This amendment was initiated by the Plan Commission; and

WHEREAS, the request did propose that the ordinance be amended to.

NOW, THEREFORE, BE IT RESOLVED, That the Plan Commission of Ligonier, Indiana, certifies that the commission makes a favorable recommendation to the City Council of Ligonier, Indiana, that the attached ordinance amending the text of the zoning ordinance be adopted.

__________________________________________

President, Plan Commission

__________________________________________

Secretary, Plan Commission

Ligonier Plan Commission         Date Submitted: ______________

                  Docket/Case No.: _____________

1.    Owner: _______________   Address: _____________________________   Phone: _____________

2.    Record of Ownership:    Deed Book _______   Page _________   Purchase Date ___________________

3.    Legal Description: _________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

4.    Common Address of Property Involved: __________________________________________________

_____________________________________________________________________________________

5.    Proposed Zoning Change:

   From the _____________ District to the ______________ District, for the property shown outlined in red on the map attached hereto, which is made a part of this petition.

6.    State how the proposed change will not adversely affect the surrounding properties. ______________

____________________________________________________________________________________

7.    Has the owner contacted adjoining property owners? _______________

                                  Yes          No

1.   Will the rezoning fulfill a public need for that type of land use?      ________      ________

2.   If "yes" to #1 above, should the rezoning be done in the area

   requested, or would the public interest be better served by

   rezoning another area of the community?               ________      ________

3.   Does the rezoning conform to the future land use map in the

   comprehensive plan?                        ________      ________

4.   Will the new land use complement the present and future

   traffic flows or would the rezoning cause an adverse impact?      ________      ________

5.   Can adequate off-street parking be provided if the rezoning

   request is granted?                        ________      ________

6.   Have the adjacent landowners been fully informed of the

   rezoning request?                        ________      ________

7.   Have the potential inconveniences and nuisances (such as noise,

   neon lights, odors and the like) of the rezoning request on

   adjacent landowners been adequately considered?            ________      ________

8.   Are there adequate public utilities and services available to the

   land if rezoned?                        ________      ________

9.   If not, will the local government have to pay the cost of

   installation?                           ________      ________

10.   Can it be assured that this is not spot zoning, a violation of

   precedents, or arbitrary and capricious?               ________      ________

11.   Is it really needed, or is it merely for the convenience of the

   applicant?                           ________      ________

NOTICE IS HEREBY GIVEN THAT THE Plan Commission of Ligonier, Indiana, on the _________ day of _____________, _____, at _________ AM PM (circle one) at the Ligonier City Hall, 103 West Third Street, Ligonier, Indiana, will hold a public hearing on a proposed amendment to the Zoning Ordinance of Ligonier, Indiana.

The proposed amendment involves consideration of a change of the zoning classification from the ___________ District to the ______________ District for the following described property:

Written suggestions or objections to the provisions of the amendment may be filed with the Secretary of the Commission before such meeting and will be heard by the Plan Commission at the time and place specified. The hearing may be continued from time to time as may be necessary.

Interested persons desiring to present their views upon the proposed amendment, either in writing or verbally, will be given the opportunity to be heard at the above mentioned time and place. Copies of the petition may be examined at the Ligonier City Hall, Ligonier, Indiana.

Plan Commission of Ligonier, Indiana

By: ________________________________

   Secretary

AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF LIGONIER, INDIANA, FROM _______________ ZONE TO ______________ ZONE ON PREMISES COMMONLY KNOWN AS ________________________________________.

SECTION 1. Be it ordained by the City Council of Ligonier, Indiana, that the Zoning Ordinance adopted on the _______ day of ________________ of the year ______, be amended so as to include in the _____

_____ the following described real estate located in the City of Ligonier, Indiana, to-wit:

SECTION 2. All buildings or uses permitted and placed upon the describe real estate shall fully conform with all the provisions of the Zoning Ordinance of Ligonier, Indiana, and shall have obtained the proper permits.

SECTION 3. This chapter shall be in full force and effect from and after its passage by the City Council of Ligonier, Indiana thereto.

Action by Council: _______________________

Date: ______________

____________________________________

President

1.    Applicant: _________________________________________________________________________

Address: ______________________________   Phone: __________________________________

2.    Owner of the property involved: _______________________________________

Owner's address: _____________________________________________________________________

3.    Premises affected:

Lot no. ______________________________   Street no. _____________________________

Legal description (from deed or abstract)

4.    Date lot of record: ___________________    present zoning classification _________________

5.    Type of appeal: (check the appropriate response)

_____   (a)   Request for an appeal from the decision of the zoning officer.

      (Attach a copy of the decision of ruling.)

_____   (b)   Request for a special use

_____   (c)   Request for a variance of development standards

6.    State explanation of requested appeal: (state what you want to do and cite the article and section of the zoning ordinance which applies and/or creates the need for this appeal.)

7.    State reasons supporting the appeal:

8.    Present use of the property:

9.    Describe the proposed use of the property:

10.    Are there any restrictions, laws, covenants governing the property which would prohibit its use for the purpose specified in this application? If answer is "yes", attach a copy.

11.    Has there been any previous appeal filed in connection with this property? If answer is "yes", give the date and the decision of the appeal.

Ligonier, Indiana

Application No.: _______________________________   Date Filed: ________________

Applicant: _______________________________________________

Address of Applicant: __________________________________________________________________

Owner (if other than applicant): _______________________________

Address of Owner: ___________________________________________________________________

Location of Property: Lot No.: _________________   In ______________________ Subdivision

Street Number (if available): _________________________________

Other Description: ____________________________________________________

Date Lot of Record: ____________________________   Zoning Classification: ________________

To Permit Construction of: ______________________________________________

(Fee of $ __________ to accompany this application)

__________________________________________

Owner

__________________________________________

Agent

NOTICE

Post this permit in a conspicuous location on the premises until

a certificate of occupancy is issued.

If any changes or deviations are made from the original application,

a new permit is required.

Improvement Location Permit Number:   _____________________________________

CERTIFICATE OF OCCUPANCY Number:   ______________________________________

Issued: _____________________________, ______________

Issued To: ________________________________________________________

This certifies that the action or work for which an Improvement Location Permit was issued for the premises identified as Lot Number ____________ in ________________________ Subdivision, address ___________________________________________________________________________________

___________________________________ or other description as follows _________________________

___________________________________________________ has been inspected and found to be in compliance with the applicable laws of the State of Indiana, and ordinances of __________________.

_________________________________________________________

Title: ____________________________________________________