(A)   The town hereby requires that an application be submitted for the following types of petitions:

      (1)   Variance (development and flood hazard area standards);

      (2)   Special use;

      (3)   Administrative Appeal;

      (4)   Zoning map amendment;

      (5)   Site development plan (subject to the requirements of §§ 155.110 through 155.115).

   (B)   The town hereby requires that an application be submitted for the following types of permit applications:

      (1)   Sign permit (permanent and temporary);

      (2)   Certificate of occupancy;

      (3)   Improvement location permit (issued pursuant to the Building Code).

   (C)   All applications shall be obtained through the Planning Director's office. Fees shall be paid at the Planning Director's office at the time the petition and permit applications are submitted.

      (1)   All applications shall be made on forms provided by the Planning Director. All petitioners and permit applicants shall submit original applications which are completed in their entirely either in ink or typed. All applications shall be signed and notarized (if required).

      (2)   All petitioners and applicants shall submit copies of applications and necessary attachments as required by the adopted policies of the Planning Director and the applicable rules and procedures of the Plan Commission and Board of Zoning Appeals.

      (3)   All petitions and permit applications shall be assigned reference and/or docket numbers by the Planning Director. Petition applications shall be scheduled by the Planning Director for the appropriate public hearings based on the completeness of the application consistent with the requirements of this Article and the appropriate adopted calendars of filing and meeting dates for the Board of Zoning Appeals, Plan Commission, and Town Council.

(Ord. 2013-02, passed 3-11-13)

   The town shall maintain an official fee schedule for permits and processes outlined in this chapter. The fee schedule shall be available to the public in the Building Department of the Town Clerk. Until all applicable fees, charges, and expenses have been paid in full, no final action shall be taken on any permit application, appeal, or petition.

(Ord. 2013-02, passed 3-11-13, Am. Ord. 2019-21, passed 10-28-19; Am. Ord. 2022-10, passed 6-13-22)

   The following procedure shall apply to all variance petitions.

   (A)   Application. The petitioner shall submit a variance application, affidavit and consent of property owner (if the owner is someone other than the petitioner), a deed for the property involved, the required filing fee, and required supportive information. Supportive information shall include, but not be limited to the following:

      (1)   A site plan drawn with a straight edge, signed, and dated, clearly showing the entire layout of the property and all features relevant to the variance request.

      (2)   A letter of intent to the Board of Zoning Appeals describing the details of the variance being requested and stating how the request is consistent with the required findings of fact described by §§ 155.130 through 155.142. The letter should include any written commitments being made by the petitioner.

      (3)   A letter from the County Board of Health indicating that the variance will not negatively affect the operation of a septic system, if applicable.

   (B)   Notification. Notification for the scheduled public hearing regarding the variance request shall be completed consistent with the Indiana Code and the rules and procedures of the Board of Zoning Appeals.

   (C)   Public hearing. The BZA will then, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates, review the variance application and required supportive information.

      (1)   Either the petitioner or a representative of the petitioner must be present at the public hearing to present the petition and address the required findings of fact.

      (2)   The Board shall consider a report from the Planning Director, testimony from the petitioner, and testimony from the public and interested parties at the hearing.

      (3)   The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the requirements of the rules and procedures of the Board.

      (4)   The BZA may approve, approve with conditions, deny, or table the petition.

         (a)   The petition shall be approved if findings of fact are made consistent with the requirements of §§ 155.130 through 155.142 and the Indiana Code.

         (b)   The petition shall be approved with modifications if the Board of Zoning Appeals determines that the required findings of fact may be made if certain conditions are applied to the petition. The Board may make reasonable conditions related to the required findings of fact part of its approval or accept written commitments from the petitioner.

         (c)   The petition shall be denied if findings of fact consistent with the requirements of §§ 155.130 through 155.142 and the Indiana Code are not made. Petitions which are denied shall not be eligible for consideration again by the Board for a period of one year from the date of denial.

         (d)   The petition shall be tabled consistent with the adopted rules and procedures of the Board of Zoning Appeals.

(Ord. 2013-02, passed 3-11-13)

   The following procedure applies to special use petitions.

   (A)   Application. The petitioner shall submit a special use application, affidavit and consent of property owner (if the owner is someone other than the petitioner), a deed for the property involved, the required filing fee, and required supportive information. Supportive information shall include, but not be limited to the following:

      (1)   A site plan drawn with a straight edge, signed, and dated, clearly showing the entire layout of the property and all features relevant to the special use request.

      (2)   A letter of intent to the Board of Zoning Appeals describing the details of the special use request including but not limited to:

         (a)   The ways in which the special use shall comply with the applicable development standards of this chapter;

         (b)   The ways in which the special use shall be consistent with the required findings of fact described by §§ 155.130 through 155.142; and

         (c)   Any written commitments being made by the petitioner.

      (3)   A letter from the County Board of Health indicating that the special use will make acceptable use of an existing or proposed septic system, or a letter from a public sewer provider stating that the proposed special use shall be served by its utility.

   (B)   Notification. Notification for the scheduled public hearing regarding the special use request shall be completed consistent with the Indiana Code and the rules and procedures of the Board of Zoning Appeals.

   (C)   Public hearing. The BZA will then, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates, review the special use application and required supportive information.

      (1)   Either the petitioner or a representative of the petitioner must be present at the public hearing to present the petition and address the required findings of fact.

      (2)   The Board shall consider a report from the Planning Director, testimony from the petitioner, and testimony from the public and interested parties at the hearing.

      (3)   The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the requirements of the rules and procedures of the Board.

      (4)   The BZA may approve, approve with conditions, deny, or table the petition.

         (a)   The petition shall be approved if findings of fact are made consistent with the requirements of §§ 155.130 through 155.142 and the Indiana Code.

         (b)   The petition may be approved with modifications if the Board of Zoning Appeals determines that the required findings of fact may be made only if certain conditions are applied to the petition. The Board may make reasonable conditions related to the required findings of fact part of its approval or accept written commitments from the petitioner.

         (c)   The petition shall be denied if findings of fact consistent with the requirements of §§ 155.130 through 155.142 and the Indiana Code are not made. Petitions which are denied shall not be eligible for consideration again by the Board for a period of one year from the date of denial.

         (d)   The petition shall be tabled consistent with the adopted rules and procedures of the Board of Zoning Appeals.

(Ord. 2013-02, passed 3-11-13)

   The following procedure shall apply to all appeals of administrative decisions.

   (A)   Application. The petitioner shall submit an administrative appeal application and required supportive information. Supportive information shall include, but not be limited to the following:

      (1)   Copies of all materials submitted to the staff member or administrative board upon which the decision being appealed was based.

      (2)   Copies of any written decisions which are the subject of the appeal.

      (3)   A letter describing the reasons for the appeal noting specific sections of this chapter, the Indiana Code, or other standard applicable to the town upon which the appeal is based.

   (B)   Notification. Notification for the scheduled public hearing regarding the administrative appeal shall be completed consistent with the Indiana Code and the rules and procedures of the Board of Zoning Appeals.

   (C)   Public hearing. The BZA will then, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates, review the administrative appeal application and supportive information.

      (1)   Either the applicant or a representative of the applicant must be present at the public hearing to present the appeal and address any questions from the Board.

      (2)   The Board shall consider a report from the Planning Director, testimony from the applicant, and testimony from any interested parties at the hearing.

      (3)   The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the requirements of the rules and procedures of the Board.

      (4)   The BZA may grant, grant with modifications, deny, or table the appeal.

         (a)   The appeal shall be approved if findings of fact are made consistent with the requirements of §§ 155.130 through 155.142 and the Indiana Code.

         (b)   The appeal shall be granted with modifications if the Board of Zoning Appeals determines that the proper interpretation of the provision(s) which are subject to the appeal is not consistent with neither the administrative decision nor the requested interpretation of the applicant.

         (c)   The petition shall be denied if findings of fact are made supporting the administrative decision.

         (d)   The petition shall be tabled consistent with the adopted rules and procedures of the Board of Zoning Appeals.

(Ord. 2013-02, passed 3-11-13)

   The following procedure shall apply to all zoning map amendment ("rezoning") petitions.

   (A)   Petition initiation. Proposals for zoning map amendments may be initiated by either the Plan Commission, the Town Council, or through a petition signed by property owners of at least 50% of the land involved.

      (1)   The Plan Commission shall prepare the petition for zoning map amendment if either the Commission or the Town Council has initiated the petition. The Planning Director shall serve as the petitioner for such proposals.

      (2)   Any property owners requesting a zoning map amendment shall be the petitioners and assume responsibility for preparing application materials.

   (B)   Application. The petitioner shall submit a rezoning application, affidavit and consent of property owner (if the owner is someone other than the petitioner), a deed for the property involved, the required filing fee, and required supportive information. Supportive information shall include, but not be limited to, the following:

      (1)   A site plan drawn to scale showing, at a minimum, all existing and proposed structures, setbacks, easements, rights-of-way, floodplains, trees with a diameter in excess of eight inches measured at chest height, and any other feature relevant to the petition.

      (2)   A letter of intent to the Plan Commission stating the reasons for the zoning map amendment, including a detailed description of any proposed development for which the rezoning is sought. The letter should include any written commitments being made by the petitioner.

      (3)   A letter verifying that proper waste disposal will be available to the property.

         (a)   For proposals using septic systems, a letter from the County Health Department shall be provided verifying that the any proposed new development makes appropriate use of the septic system and will be adequately served.

         (b)   For proposals using public sewers, a letter from the service provider shall be included verifying that any proposed new development will be served.

   (C)   Technical review. The application materials shall be reviewed by the Technical Review Committee consistent with the provisions of §§ 155.150 through 155.155.

      (1)   Either the petitioner(s) or a representative of the petitioner(s) shall be present during the review to answer questions regarding the petition.

      (2)   Any revisions to the application materials or the proposal requested by the Committee shall either be addressed during the review meeting or through revised application materials submitted prior to the Plan Commission hearing. All revised submittals shall be submitted to the Planning Director in a timely manner as specified in the Plan Commission rules and procedures.

   (D)   Notification. Notification for the scheduled public hearing regarding the rezoning request shall be completed consistent with the requirements of the Indiana Code and the rules and procedures of the Plan Commission.

   (F)   Plan Commission public hearing. The Plan Commission will then, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates (but no later than 60 days following the receipt of the application), review the rezoning application and required supportive information.

      (1)   Either the petitioner or a representative of the petitioner must be present at the public hearing to present the petition and address any questions the Commission may have.

      (2)   The Commission shall consider a report from the Planning Director, testimony from the petitioner, and testimony from the public and interested parties at the hearing.

      (3)   The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the requirements of the rules and procedures of the Commission.

      (4)   The Commission shall either forward the petition to the Town Council with a favorable recommendation, an unfavorable recommendation, or no recommendation, or table the request.

         (a)   The petition shall be forwarded with a favorable recommendation if it is found to be consistent with the decision criteria listed in division (H) below.

         (b)   The petition shall be forwarded with an unfavorable recommendation if it is found to be inconsistent with the decision criteria listed in division (H) below.

         (c)   The petition may be forwarded with no recommendations if, by a majority vote of the Commission, it is determined that petition includes aspects which the Commission is not able to evaluate.

         (d)   The petition shall be tabled consistent with the adopted rules and procedures of the Commission.

   (F)   Certification. The Plan Commission shall certify its recommendation by resolution to the Town Council. The Plan Commission staff shall forward to the Town Council appropriate copies of the Plan Commission resolution, the original application and all supportive information, any staff reports regarding the petition, and the applicable code for the Council's consideration.

   (B)   Town Council hearing. The Town Council shall hold a public meeting and vote on the proposed rezoning within 90 days of its certification by the Plan Commission.

      (1)   The Council shall provide notification of the public meeting consistent with the Indiana Code.

      (2)   The Council may either approve or deny the rezoning. If the Council fails to act within the 90- day time frame specified above, the rezoning shall become effective or be defeated consistent with the provisions of IC 36-7-4-608. The Council may also seek modifications or additions to any written commitments as described in division (I) below.

   (H)   Decision criteria. In reviewing the rezoning petition, the Plan Commission and Town Council shall pay reasonable regard to the following:

      (1)   The Comprehensive Plan and any other applicable, adopted planning studies or reports;

      (2)   The current conditions and the character of current structures and uses in each district;

      (3)   The most desirable use of which the land in each district is adapted;

      (4)   The conservation of property values throughout the town; and

      (5)   Responsible growth and development.

   (I)   Written commitments. The petitioner in any rezoning application may make written commitments regarding the characteristics of the proposed future use of, or the resolution of outstanding issues in existence on the subject property consistent with IC 36-7-4-615.

      (1)   Written commitments may be proposed by the petitioner as an element of the initial submittal of application materials, as a response to comments made through the Planning Director, or in response to any modifications requested by the Plan Commission during the public hearing.

      (2)   All commitments shall be considered by the Plan Commission in its review of the petition. Commitments shall be included as an element of the rezoning prepared by the Commission following action taken at the public hearing.

      (3)   The Town Council shall consider the written commitments in its review of the rezoning application. Any deletion, addition, or alteration of the written commitments proposed by the Town Council shall be referred back to the Plan Commission for consideration and inclusion in a revised or affirmed recommendation regarding the application.

      (4)   Following final action being taken on the rezoning application, the rezoning code, written commitments included, shall be recorded in the office of the County Recorder.

      (5)   The written commitments shall be considered part of this chapter binding on the subject property.

         (a)   The written commitments shall be binding on the owner of the subject property, any subsequent owners of the subject property, and any person or entity that acquires an interest in the subject property or portion thereof.

         (b)   The written commitments shall be enforceable by the Plan Commission consistent with the adopted provisions for the enforcement of any aspect of this chapter.

         (c)   The written commitments may be modified only through the zoning map amendment process described by this section. Any written commitment shall be terminated if the official zoning map applicable to the subject property is amended or if a zoning text amendment contradictory to the written commitment is adopted.

(Ord. 2013-02, passed 3-11-13)

   The following procedure applies to certificates of occupancy. It shall be unlawful and in violation of the provisions of this chapter for any builder or property owner to allow any new or significantly remodeled structure to become occupied or utilized prior to:

   (A)   Legally obtaining an improvement location permit;

   (B)   Passing all required inspections, including the final inspection; and

   (C)   Receiving a certificate of occupancy from the Planning Director.

(Ord. 2013-02, passed 3-11-13)

   The following procedure applies to improvement location permits for signs (sign permits).

   (A)   Sign permit review for permanent signs. The following procedure applies to permanent sign permit review.

      (1)   Application. Application for a permit shall be filed with the Planning Director and shall be accompanied by information as may be required to assure compliance with the laws and regulations of the town, including:

      (a)   Clear and legible drawings with descriptions showing the location of the sign which is the subject of the permit. All signs on the same parcel or owned by the same business must be noted.

      (b)   A dimensioned drawing showing the size of the sign face area and the height of the sign.

      (2)   Effect of sign permit issuance. A sign permit issued under the provisions of this section shall not be deemed to constitute permission or authorization to maintain an unlawful sign nor shall it be deemed as a defense in an action to remove an unlawful sign.

      (3)   Nullification. A sign permit shall become null and void if work has not been started within 12 months of the date the permit is issued or completed within 18 months of the date the permit is issued.

   (B)   Sign permit review for temporary signs. The following procedure applies to sign permit review for temporary signs.

      (1)   Application. Application for a permit shall be filed with the Planning Director and shall be accompanied by information as may be required to assure compliance with the laws and regulations of the town, including:

         (a)   Type of temporary sign to be used;

         (b)   Period of time the temporary sign is to be used;

         (c)   Location at which the temporary sign is to be used.

      (2)   Effect of sign permit issuance. A sign permit issued under the provisions of this section shall not be deemed to constitute permission or authorization to maintain an unlawful sign nor shall it be deemed as a defense in an action to remove an unlawful sign.

      (3)   Nullification. A sign permit shall become null and void if the sign has not been placed within one month of the date the permit is issued.

(Ord. 2013-02, passed 3-11-13)