(A)   Petition applications required. The town requires that an application and subsequent fee be submitted for the following types of petitions:

      (1)   Development standards variance.

      (2)   Administrative appeal.

      (3)   Zoning Map Amendment (rezoning).

      (4)   Planned unit development.

      (5)   Subdivisions, primary plat.

      (6)   Subdivisions, secondary/final plat.

   (B)   Permit applications required. The town requires that an application and subsequent fee be submitted for the following types of permits:

      (1)   Special exception use.

      (2)   Improvement location permit.

      (3)   Sign permit.

      (4)   Temporary use permit.

      (5)   Occupancy permit.

      (6)   Change in use permit.

   (C)   Application materials. All applications may be obtained from the Plan Commission Office. Fees shall be paid to The Town of McCordsville at the time all petition applications are submitted and at the time all permits are issued.

      (1)   Application forms. All applications shall be made on forms provided by the Plan Commission Office. All applicants shall submit original applications that are completed in their entirety in ink or typed.

      (2)   Copies of materials. All applicants shall submit copies of applications and necessary plans and attachments as required by the adopted policies of the Administrative Officer and the applicable Rules and Procedures of the Plan Commission and Board of Zoning Appeals.

      (3)   Scheduling. All applications shall be assigned reference and/or docket numbers by the Administrative Officer, or his or her designee.

         (a)   Petition applications. Petition applications shall be scheduled by the Administrative Officer, or his or her designee, for the appropriate public hearings based on the completeness of the application consistent with the requirements of this subchapter and the appropriate adopted Calendars of Filing and Meeting Dates for the Board of Zoning Appeals and/or Plan Commission.

         (b)   Order of action taken. Action shall be taken on all applications in the order in which they were received.

(Ord. 121410, passed 1-11-2011)

   For all public hearings, the notice shall be provided to the public consistent with the requirements of this chapter and the Rules and Procedures of the Board of Zoning Appeals and Plan Commission. Required public notice shall include the following:

   (A)   Legal notice. The Administrative Officer, or his or her designee, shall prepare and submit a legal notice consistent with the requirements of I.C. 5-3-1 for publication in the local newspaper, and the American with Disabilities Act. The applicant shall pay for the legal notice. The legal notice shall appear in the newspaper no less than one time at least ten days prior to the public hearing, not including the date of the hearing. Legal notices shall include each of the following:

      (1)   Property location. The general location of the subject property, including its common address and a legal description of the included land.

      (2)   Available plans. That the project plans are available for examination at the office of the Plan Commission.

      (3)   Hearing information. That a public hearing will be held, giving the date, place, and hour of the hearing.

      (4)   Written comments. That written comments on the application will be accepted prior to the public hearing and may be submitted to the Administrative Officer.

   (B)   Notice to interested parties. The applicant shall prepare and distribute written notice of the application to all interested parties. The written notice shall be distributed at least ten days prior to the

public hearing, not including the date of the hearing. In no instances shall streets, alleys, streams, or other features be considered boundaries for precluding notification.

      (1)   Notice information. The notice shall contain the same information as the legal notice that is published in the newspaper as outlined in division (B) above.

      (2)   Responsibility. The distribution and cost of the notice shall be the responsibility of the applicant.

      (3)   Notification requirements. Notification shall be provided to owners of all parcels of land adjoining the subject property to a depth of two ownerships or 600 feet, whichever is less, from the exterior boundaries of the subject property. The most current list of property owners can be obtained from the County Auditor's Office. For the purposes of notification, where any adjacent parcels of land are owned by the applicant(s), subject property shall be deemed to include adjacent land owned by the applicants.

      (4)   Notification certification. A copy of the materials provided to each property owner, the completed mailing and/or delivery forms, and a completed Affidavit of Notice certifying the correctness of the mailing list shall be provided to the Administrative Officer by the applicant a minimum of two business days prior to the date of the public hearing.

(Ord. 121410, passed 1-11-2011)

   In no case shall any variance to the terms of this chapter be authorized without the approval of the Board of Zoning Appeals. Further, no decisions on previous applications shall serve to set a precedent for any other application before the Board. The following procedure shall apply to all variance applications:

   (A)   Pre-application meeting required. A petition for a variance shall only be filed after the petitioner has met with the Administrative Officer, or his or her designee, to discuss the request.

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

      (1)   Site plan. A site plan shall be signed and dated. The site plan shall be drawn to scale with the scale clearly indicated and a graphic scale for reference, and/or fully dimensioned to the satisfaction of the Administrative Officer and clearly show the entire layout of the property with all features relevant to the variance request.

      (2)   Statement of intent. A statement 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 statutory considerations. The statement should include any written commitments being made by the applicant.

   (C)   Notification. Notification for the scheduled public hearing regarding the variance request shall be completed consistent with § 154.201 of this chapter.

   (D)   Public hearing. The Board of Zoning Appeals will then, in a public hearing scheduled consistent with the adopted Calendar of Filing and Meeting Dates, review the variance application and required supporting information.

      (1)   Representation. The applicant and any representative of the applicant must be present at the public hearing to present the petition and address the findings of the Plan Commission.

      (2)   Testimony. The Board of Zoning Appeals shall consider a report from the Administrative Officer and testimony from the applicant, remonstrators, members of the public and interested parties at the hearing.

      (3)   Procedures. The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the Rules and Procedures of the Board of Zoning Appeals.

      (4)   Possible action. The Board of Zoning Appeals may approve, approve with conditions, deny, or continue the application in accordance with I.C. 36-7-4-918.4.

         (a)   Approval. The application shall be approved if a determination is made consistent with the decision criteria listed in this section.

         (b)   Approval with modifications. The application shall be approved with modifications if the Board of Zoning Appeals determines that the requirements of this section may be met if certain conditions are applied to the application. The Board may make reasonable conditions related to the required decision criteria in this section, part of its approval and/or accept written commitments from the applicant.

         (c)   Denial. The application shall be denied if a determination is made that any requirement of this section has not been met. Applications that are denied shall not be eligible for consideration again by the Board of Zoning Appeals for a period of 12 months from the date of denial.

         (d)   Continued. The application may be continued by the Board of Zoning Appeals based on a request by the Administrative Officer or applicant; an indecisive vote wherein the item is essentially tabled; or a determination by the Board that additional information is required prior to action being taken on the request.

            1.   Additional legal notice shall not be required unless specified by the Board of Zoning Appeals.

            2.   The continuing of all applications shall be consistent with the adopted Rules and Procedures of the Board of Zoning Appeals.

   (E)   Decision criteria. In taking action on all variance requests, the Board of Zoning Appeals shall use the following decision criteria, consistent with the requirements of the Indiana Code.

      (1)   Development standards variance. The Board of Zoning Appeals may grant a variance from the development standards of this chapter (such as height, bulk, area, and the like) if, after a public hearing, it makes a determination (consistent with I.C. 36-7-4-918.5), that:

         (a)   General welfare. The approval will not be injurious to the public health, safety, morals, and general welfare of the community;

         (b)   Adjacent property. 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)   Practical difficulty. The strict application of the terms of this chapter will result in a practical difficulty in the use of the property. This situation shall not be self-imposed, nor be based on a perceived reduction of, or restriction on, economic gain.

   (F)   Conditions. The Board of Zoning Appeals may impose such reasonable conditions upon its approval as it deems necessary to find that the decision criteria for approval have been met.

   (G)   Commitments. The Board of Zoning Appeals may require the owner(s) of the property to make written commitments in recordable form concerning the use or development of the property as specified under I.C. 36-7-4-921. Such commitments shall be recorded in the Hancock County Recorder's Office. A copy of the recorded commitments shall be provided to the Administrative Officer for inclusion in the petition file at the time of application for an improvement location permit. No improvement location permit shall be issued for a permit application which does not comply with the recorded commitments.

   (H)   Limitation. A development standards variance granted by the Board of Zoning Appeals and executed in a timely manner as described in this subchapter shall run with the parcel until the property complies with this chapter as written.

   (I)   Successive applications. No variance may be reviewed by the Board of Zoning Appeals for the same cause more than once in any one year period.

(Ord. 121410, passed 1-11-2011; Ord. 111114, passed 11-11-2014)

   In no case shall special exception uses be authorized without the approval of the Board of Zoning Appeals. Further, no decisions on previous applications shall serve to set a precedent for any other application before the Board. The following procedure applies to special exception applications:

   (A)   Application. The applicant shall submit a special exception application, affidavit and consent of property owner(s) (if the owner is someone other than the applicant), a copy of the deed for the property involved, the required filing fee, and required supporting information. Supporting information shall include, but not be limited to, the following:

      (1)   Site plan. A site plan shall be signed and dated, and clearly show the entire layout of the property and all features relevant to the special exception request.

      (2)   Statement of intent. A statement of intent to the Board of Zoning Appeals describing the details of the special exception request including, but not limited to:

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

         (b)   The ways in which the special exception shall be consistent with the required determination described by this chapter; and

         (c)   Any written commitments in a recordable format being made by the applicant.

      (3)   Fiscal Impact Study. A Fiscal Impact Study may be required in accordance with the Town of McCordsville Code.

   (B)   Notification. Notification for the scheduled public hearing regarding the special exception request shall be completed consistent with this chapter and the Rules and Procedures of the Board of Zoning Appeals.

   (C)   Public hearing. The Board of Zoning Appeals will then, in a public hearing scheduled consistent with the adopted Calendar of Filing and Meeting Dates, review the special exception application and required supporting information.

      (1)   Representation. The applicant, or a representative of the applicant, must be present at the public hearing to present the application and address the findings.

      (2)   Testimony. The Board shall consider a report from the Administrative Officer and testimony from the applicant, applicant's representative, remonstrators, members of the public, and interested parties at the hearing.

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

      (4)   Possible action. The Board of Zoning Appeals may approve, approve with conditions, deny, or continue the application.

         (a)   Approval. The application shall be approved if a determination is made consistent with the requirements of this section.

         (b)   Approval with modifications. The application may be approved with modifications if the Board of Zoning Appeals determines that the required determination may be made only if certain conditions are applied to the application. The Board may make reasonable conditions related to the required determination, part of its approval and/or accept written commitments from the applicant.

         (c)   Denial. The application shall be denied if a determination is made that any requirement of this section has not been met. Applications that are denied shall not be eligible for consideration again by the Board for a period of 12 months from the date of denial.

         (d)   Continued. The application may be continued by the Board based on a request by the Administrative Officer or applicant; an indecisive vote wherein the item is essentially tabled; or a determination by the Board that additional information is required prior to action being taken on the request.

            1.   Additional legal notice shall not be required unless specified by the Board of Zoning Appeals.

            2.   The continuing of all applications shall be consistent with the adopted Rules and Procedures of the Board of Zoning Appeals.

   (D)   Decision criteria. The Board of Zoning Appeals shall have the power to authorize special exceptions. In approving special exceptions, the Board of Zoning Appeals may attach any conditions to the special exception as it deems necessary to assure compliance with the purpose of this chapter. If the conditions of the special exception are not completely and continuously adhered to after the granting of the special exception, the special exception shall become null and void upon notice to the property owner from the Board of Zoning Appeals and completion of the termination process consistent with division (I), of this section. The following requirements shall be met:

      (1)   The special exception shall be permitted by this chapter;

      (2)   The special exception can be served with adequate utilities, access roads, drainage, and other necessary facilities;

      (3)   The special exception shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons, and shall comply with the development standards of this chapter;

      (4)   The special exception shall be sorted, oriented, and landscaped to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties;

      (5)   The special exception shall produce a total visual impression and environment which is consistent with the environment of the neighborhood;

      (6)   The special exception shall organize vehicular access and parking to minimize traffic congestion in the neighborhood;

      (7)   The special exception shall preserve the purpose of this subchapter.

   (E)   Other considerations. When considering a special exception the Board of Zoning Appeals may consider the following items as they relate to the proposed use:

      (1)   Topography and other natural site features;

      (2)   Zoning of the site and surrounding properties;

      (3)   Driveway locations, street access and vehicular and pedestrian traffic;

      (4)   Parking (including amount, location, and design);

      (5)   Landscaping, screening, buffering;

      (6)   Open space and other site amenities;

      (7)   Noise production and hours of any business operation;

      (8)   Design, placement, architecture, and building material of the structure;

      (9)   Placement, design, intensity, height, and shielding of lights;

      (10)   Traffic generation;

      (11)   General site layout as it relates to its surroundings; and

      (12)   Any other criteria deemed relevant by the Board.

   (F)   Conditions. The Board may impose such reasonable conditions upon its approval as it deems necessary to find that the criteria for approval in this section have been satisfied.

   (G)   Commitments. The Board may require the owner(s) of the property to make written commitments in recordable form concerning the use or development of the property as specified under I.C. 36-7-4-921. Such commitments shall be recorded in the Hancock County Recorder's Office. A copy of the recorded commitments shall be provided to the Administrative Officer for inclusion in the petition file at the time an application is submitted and prior to the issuance of any improvement location permit. No improvement location permit shall be issued for a permit application which does not comply with the recorded commitments.

   (H)   Limitations. Unless otherwise specified by the Board, special exception approvals shall be limited to, and run with the applicant at the location specified in the application. The Board may also limit special exceptions to a specific time period and a specific use. Special exceptions shall also be invalid if:

      (1)   The property is in compliance with the chapter as written; or

      (2)   The special exception approval is terminated.

   (I)   Termination. A special exception use may be terminated by the Board of Zoning Appeals under the following procedures:

      (1)   Public hearing. Upon determination by the Administrative Officer that possible grounds for termination exist, the matter shall be placed on the Board of Zoning Appeals agenda for a public hearing. The Administrative Officer, or his or her designee, shall notify the applicant and all adjacent properties previously noticed, of the hearing via Certified Mail a minimum of ten days prior to the hearing.

      (2)   Grounds for termination. At the public hearing the special exception use shall be revoked if a finding is made by the Board that one or more of the following is true:

         (a)   The execution of the approval is not consistent with any requirement of this chapter;

         (b)   The execution of the approval is not consistent with any condition of approval;

         (c)   The execution of the approval is not consistent with any written commitment; or

         (d)   The approved was the result of fraud or the misrepresentation of facts.

   (J)   Special exception use expansion. A use authorized as a special exception may not be expanded, extended, or enlarged unless reauthorized by the Board under the procedures set forth in this subchapter for granting a special exception.

   (K)   Successive applications. No special exception use may be reviewed by the Board of Zoning Appeals for the same cause more than once in any one year period.

(Ord. 121410, passed 1-11-2011)

   (A)   Administrative appeal. The Board of Zoning Appeals may grant an appeal of any decision, interpretation, or determination made by the Administrative Officer, other Plan Commission staff members, or any other administrative official or board charged with the duty of enforcing and interpreting this chapter. The following procedure shall apply to all appeals of administrative decisions:

      (1)   Application. The appellant shall submit an administrative appeal application within 30 days of a decision along with the required supporting information. Supporting information shall include, but not be limited to, the following:

         (a)   Original submittals. Copies of all materials upon which the decision being appealed was based.

         (b)   Written decisions. Copies of any written decisions that are the subject of the appeal.

         (c)   Appeal basis. A letter describing the reasons for the appeal noting specific sections of this chapter or other standards applicable in the town upon which the appeal is based.

      (2)   Board review and action. The Board of Zoning Appeals will then, at a regularly scheduled meeting, review the administrative appeal application and supporting information.

         (a)   Representation. The appellant, or applicant's representative, must be present at the meeting to present the appeal.

         (b)   Testimony. The Board shall consider a report from the Administrative Officer and testimony from the applicant, or the applicant's representative, at the meeting.

         (c)   Procedures. The presentation of reports and testimony and all other aspects of the meeting shall be consistent with the Rules and Procedures of the Board of Zoning Appeals.

         (d)   Possible action. The Board of Zoning Appeals may grant, grant with modifications, deny, or continue the appeal by a majority vote of the Board.

            1.   Granted. The appeal shall be granted if the determination is made consistent with the requirements of this chapter.

            2.   Granted with modifications. The appeal shall be granted with modifications if the Board of Zoning Appeals determines that the proper interpretation of the provision(s) that are subject to the appeal is consistent with neither the administrative decision nor the requested interpretation of the applicant.

            3.   Denied. The appeal shall be denied if the determination is made supporting the administrative decision.

            4.   Continued. The appeal shall be continued based on a request by the Administrative Officer or applicant; an indecisive vote wherein the item is essentially tabled; or a determination by the Board that additional information is required prior to action being taken on the request. The continuing of all applications shall be consistent with the adopted Rules and Procedures of the Board of Zoning Appeals.

      (3)   Decision criteria. The Board of Zoning Appeals shall only grant an appeal of such an administrative decision based on a determination that the decision of the administrative staff or Board was inconsistent with the provisions of this chapter.

   (B)   Board of Zoning Appeals. Every decision of the Board of Zoning Appeals shall be subject to review by a court of competent jurisdiction (writ of certiorari) as prescribed by the 1000 Series of I.C. 36-7-4.

(Ord. 121410, passed 1-11-2011)

   The following procedure shall apply to all Zoning Map amendments (rezoning) applications.

   (A)   Application initiation. Proposals for Zoning Map amendments may be initiated by either the Plan Commission, the Town Council, or through an application signed by property owners of at least 51% of the land involved.

      (1)   Town Council initiation. The Plan Commission shall prepare the application for Zoning Map amendment if either the Commission or Town Council has initiated the application. The Administrative Officer shall serve as the representative of the applicant for such proposals.

      (2)   Property owner initiation. Any property owners requesting a Zoning Map amendment shall be the applicants and assume responsibility for preparing application materials.

   (B)   Application. The applicant shall submit a rezoning application, affidavit and consent of property owner(s) (if the owner is someone other than the applicant), to the Advisory Plan Commission and/or the Town Council, a copy of the deed for the property involved, the required filing fee, and required supporting information. Supporting information shall include, but not be limited to the following:

      (1)   Site plan. A conceptual site plan showing all features relevant to the application.

      (2)   Vicinity map. A vicinity map showing the use and zoning of all properties within 600 feet of the property subject to the rezoning request.

      (3)   Letter of intent. A letter of intent to the Plan Commission stating the reasons for the rezoning, including a detailed description of any proposed development for which the rezoning is sought. The letter should include any written commitments in recordable form being made by the applicant.

      (4)   Fiscal Impact Study. A Fiscal Impact Study (FIS) may be required in accordance with this chapter.

   (C)   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 a complete application per I.C. 36-7-4-608 and all required materials), review the rezoning application and required supportive information.

      (1)   Notification. Notification for the scheduled Plan Commission public hearing regarding the rezoning request shall be completed consistent with the requirements of this chapter and the Rules and Procedures of the Plan Commission.

      (2)   Representation. The applicant and/or any representative of the applicant must be present at the public hearing to present the application and address any questions the Commission might have.

      (3)   Testimony. The Commission shall consider a report from the Administrative Officer and testimony from the applicant, remonstrators, the public, and interested parties at the hearing.

      (4)   Procedures. 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.

      (5)   Possible action. The Plan Commission shall either forward the application to the Town Council with a favorable recommendation, an unfavorable recommendation, or no recommendation; or continue the request.

         (a)   Favorable recommendation. The application shall be forwarded with a favorable recommendation if, by a majority vote of the Plan Commission, it is found to be consistent with the decision criteria listed in this section. The recommendation may include commitments requested by the Plan Commission.

         (b)   Unfavorable recommendation. The application shall be forwarded with an unfavorable recommendation if, by a majority vote of the Plan Commission, it is determined by the Plan Commission to be inconsistent with the decision criteria listed in this section.

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

         (d)   Continued. The application may be continued by the Plan Commission based on a request by the Administrative Officer or applicant; an indecisive vote wherein the item is essentially tabled, or a determination by the Plan Commission that additional information is required prior to action being taken on the request.

            1.   Additional legal notice shall not be required unless specified by the Plan Commission.

            2.   The continuing of all applications shall be consistent with the adopted Rules and Procedures of the Plan Commission.

      (6)   Certification. The Plan Commission shall certify its recommendation by letter to the Town Council within ten business days of its determination (per I.C. 36-7-4-608). The Plan Commission staff shall forward to the Town Council appropriate copies of the Plan Commission resolution, the original application and all supporting information, any staff reports regarding the application, and an ordinance for the Town Council's consideration.

   (D)   Town Council action. The Town Council will review the rezoning application and the materials forwarded from the Plan Commission. The Town Council may then take action on the application.

      (1)   Notification. The Town Council shall provide notification of action on the ordinance consistent with Indiana State Code.

      (2)   Possible action. The Town Council may either approve or deny the ordinance, or return the petition to the Advisory Plan Commission. If the Town Council fails to act within the 90 days of the ordinances' certification to the Town Council, the ordinance shall become effective or be defeated with the provisions of I.C. 36-7-4-608. The Town Council may also seek modifications or additions to any written commitments in recordable form as described in this section.

   (E)   Decision criteria. In reviewing the rezoning application, the Plan Commission and Town Council shall consider the following:

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

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

      (3)   Desired use. The highest and best use for which the land in each district is adapted.

      (4)   Property values. The conservation of property values throughout the town's planning jurisdiction.

      (5)   Responsible growth. Responsible growth and development.

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

      (1)   Origin of commitments. Written commitments may be proposed by the applicant as an element of the initial submittal of application materials, or in response to any modifications requested by the Plan Commission or Town Council.

      (2)   Consideration of commitments. All commitments shall be considered by the Plan Commission and the Town Council in the review of the application.

         (a)   Commitments shall be included as an element of the rezoning ordinance prepared by the Plan Commission following action taken at the public hearing.

         (b)   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 included in a revised or affirmed recommendation regarding the application or may amend the written commitments and incorporate said written commitments in recordable form within the rezoning ordinance.

         (c)   Any rezoning application shall include a commitment to properly control weeds until the site is completely developed.

      (3)   Documenting commitments. Following final action being taken on the rezoning application, the rezoning ordinance, with any written commitments included, shall be recorded in the office of the Hancock County Recorder by the applicant and shall not be considered effective until so recorded. A copy of any recorded commitments shall be provided to the Administrative Officer at the time of application for any improvement location permit. No improvement location permit shall be issued for a permit application that does not comply with the written commitments.

      (4)   Enforcement of commitments. The written commitments shall be considered part of the rezoning ordinance binding on the subject property and in recordable form.

         (a)   The written commitments shall be binding on the owner(s) 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, Board of Zoning Appeals, or Town Council consistent with the adopted provisions for the enforcement of any other aspect of this chapter, as described in §§ 154.225 through 154.228, Enforcement and Penalties.

         (c)   The written commitments may be modified only through the Zoning Map Amendment process described by this chapter.

(Ord. 121410, passed 1-11-2011)

   (A)   Application.

      (1)   Property owner(s) name and address, including a letter from the property owner(s) granting permission to operate the temporary use at the proposed location if the property owner(s) is someone other than the applicant;

      (2)   Name and address of person, organization, or business requesting the temporary use permit;

      (3)   Purpose of temporary use;

      (4)   Duration of the temporary use;

      (5)   If restroom facilities will accompany the use and if so what kind;

      (6)   If utilities are required, and if so what type;

      (7)   Hours of operation;

      (8)   If temporary use is intended to take place at night, a lighting plan for the site; and

   (B)   Site plan.

      (1)   Context map;

      (2)   Location and footprint of the proposed temporary use on the lot;

      (3)   All required setbacks;

      (4)   Parking diagram, including number of spaces, points of ingress and egress, and overall traffic circulation; and

      (5)   Any other pertinent information, as determined by the Administrative Officer, or his or her designee, to allow for the efficient and expeditious review of the application.

   (C)   Commitments. The Board may require the owner(s) of the property to make written commitments concerning the use or development of the property as specified under I.C. 36-7-4-921. Such commitments shall be recorded in the Hancock County Recorder's Office. A copy of the recorded commitments shall be provided to the Administrative Officer for inclusion in the petition file at the time an application is submitted and prior to the issuance of any improvement location permit. No improvement location permit shall be issued for a permit application which does not comply with the recorded commitments.

   An applicant of a map amendment (rezoning) petition may make written commitments in recordable form regarding the characteristics of the proposed future use of, or the resolution of outstanding issues in existence on the subject property consistent with I.C. 36-7-4-613 which, if accepted by the Advisory Plan Commission, must be recorded by the applicant prior to application for an improvement location permit.

   (A)   Origin of commitments. Written commitments may be proposed by the applicant as an element of the initial submittal of application materials, as a response to comments made by the Technical Review Committee, or in response to any modifications requested by the Plan Commission.

   (B)   Consideration of commitments. Any commitments shall be considered by the Technical Review Committee and/or the Plan Commission at the time of their review of the application.

   (C)   Filing of commitments. Following final action being taken on the development plan application, the written commitments in recordable form shall be documented by the Administrative Officer. A copy of the commitments shall be maintained by the Administrative Officer for the records of the Plan Commission.

   (D)   Enforcement of commitments. The written commitments shall be in recordable form and considered part of this chapter binding on the subject property.

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

      (2)   Enforcement. The written commitments shall be enforceable by the Plan Commission as if they are a part of this chapter, consistent with the provisions of §§ 154.225 through 154.228, Enforcement and Penalties.

      (3)   Modification . Written commitments may be modified by the Plan Commission. Interested parties shall file a petition clearly defining the commitments to be modified in their existing language, their proposed language and the reason(s) for the requested modification(s). The petition shall be signed by the property owner(s), or petitioner with the written consent of the property owner(s), to be filed with the Office of the Administrator. The matter will be set for a hearing as would a petition for a rezoning with the notice requirements associated therewith to be strictly adhered to and followed. Modification of said written commitment(s) will be considered using the standard that applied to the original action resulting in the subject commitment(s).

   The following procedure applies to the issuance of a certificate of occupancy permit.

   (A)   Purpose and intent. The intent of the certificate of occupancy permit procedure is to coordinate building, planning, and engineering related issues and approvals into a single process and to better ensure the public safety and general welfare.

   (B)   Certificate requirements. It shall be unlawful and in violation of this chapter for any builder or property owner(s) to allow any improvement that requires an improvement location permit to become occupied or utilized prior to:

      (1)   Legally obtaining an improvement location permit;

      (2)   Successfully completing all required inspections, including the final inspection; and

      (3)   Obtaining a certificate of occupancy from the Administrative Officer.

   (C)   Inspection. Upon the completion of the work approved through an improvement location permit, the permit holder shall contact the Plan Commission Office and schedule a final inspection to verify the installation of improvements consistent with the requirements of this chapter.

   (D)   Certificate issuance. The Administrative Officer or designee shall issue the certificate of occupancy if the improvements comply with this chapter, the Subdivision Control Ordinance, and other applicable requirements. The Administrative Officer, or his or her designee, may also issue a limited or temporary certificate of occupancy at his or her discretion.

(Ord. 121410, passed 1-11-2011)

   (A)   Permit required. A food truck permit is required for all food trucks wishing to operate within the town corporate limits. Food trucks permits are valid for one year. Permit holder wishing to operate for more than one year will need to re-apply each year. The permit year shall run from April 1 through March 31.

   (B)   Permit review/approval. Food truck permits are reviewed by the Administrative Officer or his or her designee. The Administrative Officer shall approve/deny permits based upon the rules and regulations listed in § 154.060 through 154.076. The permit application shall be accompanied by, but not limited to the following:

      (1)   A valid permit from the County Board/Department of Health.

      (2)   A valid permit from the Indiana Department of Revenue for a retail merchant.

   (C)   Permit fee. A permit fee shall be charged for all food trucks as outlined in the Town Fee Schedule.

   (D)   Penalties. It shall constitute a violation of this section for any person or entity to operate a food truck in violation with the provisions of this section or to fail to obtain the appropriate permit as outlined in this section. Each day the violation exists constitute a new and separate violation. In order to adequately regulate food trucks, the fine schedule and notice of fine schedule in the town’s Zoning Ordinance and Fee Schedule, as they relate to food trucks, shall be replaced by the following:

      (1)   Notice of violation may delivered via hand-delivery, certified mail, or posting the notice of the food truck. The first notice of violation shall result in a $50 fine.

      (2)   Subsequent violations shall result in a doubling of the fine amount, i.e., second violation fine = $100, third violation fine = $300, and so on.

      (3)   Violators have five days to pay a violation before a late fee of $50 is charged.

      (4)   If the violator (permit holder) refuse to pay the fine, the Administrative Officer may refer the violation to the Plan Commission attorney in order to enforce the provisions of this section through court action including but not limited to fine, court costs, and attorney fees.

(Ord. 040814A, passed 4-8-2014)