Long Beach City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 154.149 REESTABLISHMENT OF THE ADVISORY PLAN COMMISSION.
There is hereby reestablished an Advisory Plan Commission as defined under IC 36-7-1-2 consisting of seven members. The Town Council by mutual consent shall appoint three Plan Commission members who also serve as members of the Board of Zoning Appeals. The Town Council shall appoint four citizen members, of whom no more than two may be of the same political party. Each member shall be a resident of the town.
(Ord. 0203, passed 6-10-02)
§ 154.150 CONFLICT OF INTEREST WITH ROLE OF PLAN COMMISSIONER.
A member of the Plan Commission may not participate in any matter considered by the Commission in which he or she has a direct or indirect financial interest or where a member may have a family member involved. The Commission shall enter in its record the fact than the member is disqualified and the remaining members shall appoint a replacement qualified under this section to participate as a member of the Commission in deliberation and voting upon the aforementioned matter.
(Ord. 0203, passed 6-10-02)
§ 154.151 DUTIES OF THE ADVISORY PLAN COMMISSION.
The duties of the Advisory Plan Commission shall be commensurate with the duties provided by IC 36-7-4-401 et seq., including:
(A) To prepare and submit to public hearing a Master Plan for the development of the town and to process such amendments which may be required from time to time for enactment by the Town Council;
(B) To make rules pertaining to investigations and public hearings;
(C) To keep complete records of proceedings;
(D) Process and recommend to the Town Council such amendments to this chapter; and
(E) Such other duties as set forth by law and/or assigned by the Town Council.
(Ord. 0203, passed 6-10-02)
§ 154.152 ESTABLISHMENT OF THE BOARD OF ZONING APPEALS.
(A) A Board of Zoning Appeals is established with membership and appointment provided in accordance with IC 36-7-4-900 consisting of five members.
(B) At the first meeting of each year, the Board shall elect a chairman and vice-chairman from among its members, and it may appoint and fix compensation of a secretary and such employees as are necessary for the discharge of its duties, all in conformity to and in compliance with the salaries and compensation theretofore fixed by the Town Council.
(C) The Board shall adopt rules and regulations as it may deem necessary to effectuate the provisions of the chapter.
(D) All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, keep records of all examinations and other official actions, prepare findings, and record the vote of each member voting upon each question. All minutes shall be filed in the office of the Clerk- Treasurer and shall be of public record.
(Ord. 0203, passed 6-10-02)
§ 154.153 POWER AND DUTIES OF THE BOARD OF ZONING APPEALS; CONFLICT OF INTEREST.
(A) Powers and duties. The Board of Zoning Appeals shall have the following powers and it shall be its duty to:
(1) Hear and determine appeals from and review any order, requirements, decision, or determination made by an administrative official or staff member made in relation to the enforcement of the zoning ordinance, subdivision ordinance, and the enforcement of the building and occupancy permits as adopted under IC 36-7 et seq. and all sections therein applicable.
(2) In exercising its powers, the Board of Zoning Appeals may reverse or affirm, wholly or partly, or may modify any order, requirement, decision or determination appealed from as its opinion ought to be done in the premises and to that end shall have all the power from whom the appeal is taken.
(3) Hear and approve or deny variances from the development standards of the zoning ordinance. A development standard variance may be approved by the Board of Zoning Appeals only upon a determination in writing that:
(a) The approval will not be injurious to the public health, safety, morals and general welfare of the community;
(b) 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
(c) The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property.
(4) Hear and approve or deny variances of use from the terms of this chapter. A use variance may be approved by the Board of Zoning Appeals only upon a determination in writing that:
(a) The approval will not be injurious to the public health, safety, morals and general welfare of the community;
(b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;
(c) The need for the variance arises from some condition peculiar to the property involved;
(d) The strict application of the terms of this chapter will constitute an unnecessary hardship if applied to the property for which the variance is sought; and
(e) The approval does not interfere substantially with the comprehensive plan adopted under the 500 series of IC 36-7-4.
(5) Hear and approve or deny special exceptions only where specifically allowed in this chapter. There shall be no cases or application therefor nor any particular situation in which this chapter authorizes special exceptions with the approval of the Board of Zoning Appeals. Further, no previous application shall set a precedent for any other applications before the Board of Zoning Appeals. The Board of Zoning Appeals may grant a special exception for a use in a zoning district if, after a public hearing, it makes findings of facts in writing that:
(a) The requirements and development standards for the requested use as prescribed in this chapter will be met;
(b) The special exception shall be designed so that it can be constructed, operated, and maintain in a manner harmonious with the character of adjacent property in the surrounding area;
(c) The special exception shall not inappropriately change the essential character of the surrounding area;
(d) The special exception shall not interfere with the general enjoyment of adjacent property;
(e) The special exception shall represent an improvement to the use or character of the property under consideration and the surrounding area in general, it shall also be in keeping with the natural environment of the site; and
(f) The special exception shall not be hazardous to adjacent properties, or involve uses, activities, materials or equipment which be detrimental to the health, safety or welfare of persons or property though the excessive production of traffic, noise, smoke, odor, fumes or glare.
(B) Conflict of interest. A member of the Board of Zoning Appeals may not participate in a hearing or decision of the Board of Zoning Appeals concerning a matter in which he or she has a direct or indirect financial interest or for other reasons brought to the attention of the Board of Zoning Appeals and which disqualification is approved by the Board of Zoning Appeals. The Board of Zoning Appeals shall enter in its records the fact that a regular member has such a disqualification and the name of the alternate member, if any, who participates in the hearing or decision. The alternate member, if any, shall be appointed by the authority of the appointing body of the regular member who has been disqualified. Communication with Board of Zoning Appeals member by any person with intent to influence action prior to a hearing or decision regarding matters pending before the Board of Zoning Appeals is prohibited. However, the staff may file with the Board of Zoning Appeals a written statement setting forth any facts or opinions relating to the matter.
(Ord. 0203, passed 6-10-02; Am. Ord. 0901, passed 5-11-09)
§ 154.154 PUBLIC HEARING REQUIREMENTS FOR PLAN COMMISSION AND BZA ACTIONS.
(A) Prior to consideration of any action concerning an amendment to this chapter by the Advisory Plan Commission or any determination or an appeal or any decision on a permit for a special use/exception, variance or any other matter for which a decision by the Board of Zoning Appeals is required by the terms of this chapter, a public hearing shall be scheduled at a reasonable time and public notice provided as required by IC 36-7-4-604 and IC 36-7-4-920, that being publication of a newspaper of general circulation in the area setting forth the time and place of the hearing and by giving due notice, either by personal distribution or by certified mail, to the owners of adjacent property or properties immediately across the street, alley or courtway and any other interested parties in accord with the rules of the Advisory Plan Commission or Board of Zoning Appeals. At minimum, individual notices shall be issued to all abutting property owners and when deemed desirable by any member on the Plan Commission or Board of Zoning Appeals to nearby residents.
(B) The Advisory Plan Commission or Board of Zoning Appeals shall require the party making application to assume the cost of publication and postage for delivery of notices to interested parties, unless waved by rule of the Advisory Plan Commission, Board of Zoning Appeals or action of the Town Council.
(Ord. 0203, passed 6-10-02)
§ 154.155 FILING OF APPLICATIONS AND APPEALS.
(A) All applications for an improvement location or building permit, amendment to the Zoning Code to the Advisory Plan Commission or a request for a variance, special use/exception permit or any other decision allowable under the terms of this chapter by the Board of Zoning Appeals shall be submitted to the Building Commission.
(B) An appeal to the Board of Zoning Appeals concerning any decision or action rendered by the Building Commission shall be filed with the Clerk-Treasurer.
(C) Upon receipt of an application, the Building Commission shall notify the Chair of the Advisory Plan Commission and/or Chair of the Board of Zoning Appeals to effect the call of a meeting for the purposes of considering the applicant’s request.
(D) Upon the receipt of an appeal regarding an action of the Building Commission by the Clerk- Treasurer, the Clerk-Treasurer shall notify the Chair of the Board of Zoning Appeals to effect the call of a meeting for the purposes of considering the applicant’s request.
(Ord. 0203, passed 6-10-02)
§ 154.157 CERTIFICATE OF OCCUPANCY REQUIRED FOR USE AND OCCUPANCY.
(A) No land shall be occupied or used and no building hereafter erected, reconstructed, or structurally altered shall be occupied or used, in whole or in part, for any purpose whatsoever, until a certificate of occupancy has been issued by the Building Commission or its designee stating that the building and use complies with all of the provisions of this chapter applicable to the building or premise or the use in the district in which the property is located.
(B) Upon completion of the improvement covered by the location improvement permit or building permit, the Building Commission or its designee shall have the premise inspected and, if the inspection reveals, that the proposed improvements have been completed in substantial conformity with the development (site) plan, building permit, and any amendments thereto, shall issue a certificate of occupancy.
(C) (1) Pending the issuance of a certificate of occupancy, a temporary certificate of occupancy may be issued for a period not more than 90 days during the construction or alteration of any building or structure when in the determination of the Building Commission that such occupancy will not pose safety or other harm to inhabitants of the building or structure. The temporary permit may only be issued when there is evidence of at least 75% of the work, as measured in relation to the bulk of the structure being constructed or altered, for which the application was made has been completed and where to the satisfaction of the Building Commission reasonable progress has been made and will be continued toward completion of the construction or alteration in accordance with the terms of the location improvement or building permit. The Building Commission may give one renewal for a period not to exceed 90 days. Additional extensions beyond one renewal shall only be granted by the Board of Zoning Appeals based on evidence of a unique hardship or extenuating circumstance that has delayed the construction progress beyond the control of the property owner or general contractor.
(2) Such temporary certificate of occupancy shall not be construed in any way to alter the respective rights, duties or obligations of the applicant or of the town relating to the use or occupancy of the land or building under the terms of this chapter and such temporary certificate of occupancy shall not be issued except under such restrictions and provisions as will adequately insure the safety of inhabitants of the building or structure.
(D) No change shall be made in the use of land or in the use of any building or part thereof, now or hereafter erected, reconstructed, or structurally altered, without a building permit and a certificate of occupancy having been issued by the Building Commission or its designee, and no such permit shall be issued to make such change unless it is in conformity with the provisions of this chapter.
(E) A certificate of occupancy shall be applied for coincidentally with the application for a location improvement permit or building permit. The certificate of occupancy shall be issued within ten days after the lawful erection, reconstruction, or structural alteration of such building or other improvement on the land shall have been completed and has received a favorable report by the Building Inspector and the Electrical Inspector.
(F) No improvement location or building permit shall be issued for excavation for or the erection, reconstruction, or structural alteration of any building, before an application has been made for a certificate of occupancy.
(G) A record of all certificates of occupancy shall be kept on file in the office of the Building Commission.
(H) Upon application, the Building Commission shall issue a location improvement permit or building permit for the addition to an existing structure nonconforming as to front yards and/or side yards or both provided such additions will be conforming as to use and does not encroach upon the front yard and/or side yards beyond the limits of the existing structure.
(I) Under the terms of this chapter, no change in the use of land that involves a change in any land or in the condition of the land may be made unless an application has been filed and the special land use/exception approved and the Building Commissioner issues a location improvement permit or building permit.
(Ord. 0203, passed 6-10-02; Am. Ord. 0803, passed 4-14-08)
§ 154.158 ALL DECISIONS APPEALABLE TO A COURT OF LAW.
Every decision of the Advisory Plan Commission, Board of Zoning Appeals and Town Council shall be subject to review by an applicable court of jurisdiction after fulfillment of any appeals procedures provided by law or the terms of this chapter.
(Ord. 0203, passed 6-10-02)
§ 154.159 REMEDIES FOR NON-COMPLIANCE.
(A) The Building Commission, Board of Zoning Appeals, Town Council, or any designated enforcement official, or any person, firm, limited liability company, or corporation jointly or severally aggrieved, may institute a suit for injunction to restrain an individual or governmental unit from violating any provision of this chapter.
(B) The Building Commission, Board of Zoning Appeals, Town Council, or any designated enforcement official, may institute a suit for mandatory injunction directing any person, firm, limited liability company, or corporation or a governmental unit to remove a structure erected in violation of any provision of this chapter.
(C) Any building, erected, raised, or converted, or land or premise used 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 in such manner as nuisances are now or may hereafter be abated under existing law.
(Ord. 0203, passed 6-10-02)
§ 154.160 CONTINUOUS SEAWALLS.
A seawall structure shall be permitted to be placed within the side yard setback set out in Ch. 154 App. A only if each of the following conditions is met:
(A) A permitted and existing seawall as of the date of adoption of this section may be connected to an existing seawall on the adjacent property where the setback will be invaded;
(B) That neighboring property owner(s) have given their written consent to allow the new seawall be connected to the existing seawall;
(C) No portion of the permitted seawall will be more than 106.6 feet north of the northern boundary of Lake Shore Drive in accordance with § 154.060; and
(D) The resulting seawall structure will form a continuous barrier.
(Ord. 2017-02, passed 4-25-17)