(a)

The board is hereby established with membership and appointment as provided in accordance with IC 36-7-4-900 et seq. and all acts now or hereafter amendatory or supplemental thereto.

(b)

At the first meeting of each year, the board shall elect a chairman, a vice-chairman, and a secretary from among its members, and it may appoint and fix the compensation of a secretary and such employees as are necessary for the discharge of its duties, all in conformity to and compliance with salaries and compensation theretofore fixed by the town council.

(c)

The board shall adopt rules, which may not conflict with this chapter or applicable law, concerning: the filing of appeals; applications for special exceptions and variances; the giving of notice; the conduct of hearings; the determination between use variances and development standards variances; the creation, form, recording, modification, enforcement and termination of commitments; and, the designation of which specially affected persons and classes of specially affected persons are entitled to enforce commitments. (See board of zoning appeals by-laws in the office of the planning and building department.)

(d)

All meetings, other than executive sessions, 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 written findings, and record the vote of each member on all actions taken. Except as provided otherwise by applicable law, all minutes and records shall be filed in the office of the planning and building department and shall be public records.

(e)

The board shall have the duty and power to:

(1)

Hear and determine appeals from and review any order, requirement, decision, or determination made by staff or administrative official under this chapter.

(2)

Hear and determine appeals from and review any order, requirement, decision, or determination made by an administrative board or other body except the plan commission in relation to the enforcement of this chapter.

(3)

Hear and determine appeals from and review any order, requirement, decision, or determination made by staff, an administrative board or other body except the plan commission in relation to the enforcement of those provisions of this chapter requiring the procurement of an improvement location permit or a certificate of occupancy.

(4)

Make recommendations regarding special exceptions in accordance with the provisions of section 21-42.

(5)

Hear, and approve or deny, all variances from development standards of this chapter. A variance from development standards may be approved only upon written determination 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 this chapter would result in an unnecessary hardship in the use of the property.

(6)

Make recommendations regarding variances of use from the terms of this chapter in accordance with the provisions of section 21-43.

(f)

The board may impose reasonable conditions as a part of its approval of or recommendation regarding any special exception or variance from the terms of this chapter.

(g)

The board may permit or require the owner of a parcel of property to make a written commitment concerning the use or development of that parcel in the case of a petition for a special exception, variance from the terms of this chapter or a variance of development standards. All such commitments shall be in recordable form and shall be recorded in the office of the Lake County Recorder and shall take effect upon the granting of the special exception or variance. Unless modified by a decision of the board, a recorded commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the parcel. The commitments required by the board of zoning appeals shall be in a form and content approved by the attorney for the board of zoning appeals. By permitting or requiring commitments, the board does not obligate itself to approve or deny any request. This section does not affect the validity of any covenant, easement, equitable servitude, or other land use restriction created in accordance with law. A commitment may be modified or terminated only by a decision of the board made at a public hearing after notice to adjoining owners has been given pursuant to the rules of procedure of the board. Any modification or termination of the commitments shall not be effective until:

(1)

Reduced to writing;

(2)

Approved by the board;

(3)

Executed and notarized by the present owner(s) of the real estate; and

(4)

Recorded in the office of the recorder of Lake County, Indiana.

(Ord. No. 02-03, § 1, 2-12-02)

State Law reference— Board of zoning appeals, IC 36-7-4-900 et seq.

(a)

The board of zoning appeals shall submit petitions for special exceptions to the town council for approval or disapproval. The board of zoning appeals shall make recommendations to the town council on petitions for special exception specifically listed in the district regulations of this chapter except for planned unit development.

(b)

After a public hearing on a petition for special exception, the board of zoning appeals shall forward the petition for special exception to the town council with a favorable recommendation, an unfavorable recommendation, or no recommendation. The board of zoning appeals may also impose reasonable conditions as part of its recommendation.

(c)

The town council shall not approve a petition for special exception unless it, after giving notice if required under IC 5-14-1.5-5 of its intention to consider the petition at its first regular meeting after the board of zoning appeals files its recommendation, determines in writing that:

(1)

The establishment, maintenance, or operation of the special exception use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare, and is in accordance with the comprehensive plan.

(2)

The special exception will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already substantially diminish and impair property values within the neighborhood.

(3)

The establishment of the special exception will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

(4)

Adequate utilities, access roads, drainage, and/or other necessary facilities will be provided.

(5)

Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

(6)

The special exception shall in all other respects conform to the applicable regulations of the district in which it is located; and the town council shall find that there is a public necessity for the special exception.

(d)

The town council shall vote to either approve or deny a petition for special exception within ninety (90) days after the board makes its recommendation. If the town council does not vote to deny the petition for special exception within ninety (90) days, the petition for special exception is approved.

(e)

The town council shall file a copy of its decision in the clerk's office within thirty (30) days after it either approves or denies a petition for special exception.

(Ord. No. 02-03, § 1, 2-12-02)

(a)

The board of zoning appeals shall submit petitions for variance of use to the town council for approval or disapproval. The board of zoning appeals shall make recommendations to the town council on petitions for variance of use relating to buildings, land, or premises now existing or to be constructed.

(b)

After a public hearing on the petition for variance of use, the board of zoning appeals shall forward the petition to the town council with a favorable recommendation, an unfavorable recommendation, or no recommendation. The board zoning appeals may also impose reasonable conditions as part of its recommendation.

(c)

The council shall not approve a petition for variance of use unless it, after giving notice if required under IC 5-14-1.5-5 of its intention to consider the petition for variance of use at its first regular meeting after the board of zoning appeals filed its recommendation, determines in writing that:

(1)

The approval will not be injurious to the public health, safety, morals, and general welfare of the community;

(2)

The use and value of the area adjacent to the property included in the variance of use will not be affected in a substantially adverse manner;

(3)

The need for the variance of use arises from some condition peculiar to the property involved;

(4)

The strict application of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to the property for which the variance of use is sought; and

(5)

The approval does not interfere substantially with the comprehensive master plan of the Town of Merrillville.

(d)

The council shall vote to either approve or deny a petition for variance of use within ninety (90) days after the board of zoning appeals makes its recommendation. If the town council does not vote to deny a petition for variance of use within ninety (90) days, the petition for variance of use is approved.

(e)

The council shall file a copy of its decision in the clerk's office within thirty (30) days after it either approves or denies a petition for variance of use.

(Ord. No. 02-03, § 1, 2-12-02)

(a)

It shall be the duty of the building director to enforce this chapter. The building director shall receive applications required by this chapter, issue permits, and furnish the prescribed certificates. The building director shall provide through departmental staff the inspection of premises for which permits have been issued, and shall make necessary inspections to see that the provisions, statutes, and governing laws are complied with. The building director and the departmental staff shall enforce all laws relating to the construction, alteration, repair, removal, demolition, equipping, use, occupancy, location, and maintenance, of structures, buildings improvements, signs, and excavation. The building director position reports to the town manager, then to the town council.

(b)

Entry and inspections shall be made by the building director, or a duly appointed staff personnel. Such entry and inspections shall be made at any reasonable hour. Such entry and inspections may be made based upon health and safety complaints. Such entry and inspection may be made without a warrant if the situation presents an imminent danger to the health or safety of any occupant. If the situation does not present an imminent danger to the health or safety of an occupant and entry and inspection is denied, then entry and inspection shall occur by administrative warrant which shall be issued by the Merrillville Town Court. The chief of police shall enforce entry into buildings for the purpose of these inspections.

(c)

The building director shall keep careful and comprehensive records of applications, permits issued, fees assessed, certificates issued, inspections made, reports rendered, and of notices or orders issued.

(d)

The building director shall/may request and shall receive so far as may be necessary in the discharge of their duties, the assistance and cooperation of the clerk-treasurer, town engineer, chief of police, fire chief, town manager and town attorney in the discharge of established duties.

(Ord. No. 06-18, §§ 1, 4, 7-11-06; Ord. No. 17-09, 6-27-17)

(a)

No building, structure, improvement, sign, land excavation, land fill, or use of land may be altered, changed, placed, erected, demolished or located, unless the building, structure, improvement, sign, land excavation, land fill, or use and its location conform to the provisions of this chapter and an improvement location permit for the alteration, change, placement, erection, demolition or location of such building, structure, improvement, sign, land excavation, land fill, or use has been issued. Exception to this requirement would be maintenance i.e. painting, siding, re-shingle, door or window replacement involving no structural change.

(b)

An application for an improvement location permit shall be submitted in such form as the community development director may prescribe. Such application shall be made by the owner or lessee, or agent of, the architect, engineer, or builder employed in connection with the proposed work. If such application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner in fee, or the person making the application that the proposed work is authorized by the owner in fee and that the person making the application is authorized to make such application. Such application shall contain the full names and addresses of the applicant and of the owner, and, if the owner is a corporate body, of its responsible officers. Such application shall give such additional information as may be required by the community development director for an intelligent understanding of the proposed work. Such application shall be accompanied by payment of the fees required by Chapter 6, Article II, section 6-21.

(c)

When an improvement location permit is required by this chapter, an application for an improvement location permit shall be filed with the community development director. Said application shall be on a form prescribed by the plan commission and accompanied by a site plan consistent with the requirements set forth below.

(1)

A plat of survey for a single-family dwelling or a two-family dwelling on a platted lot shall be drawn to scale of not more than 1"=100' showing:

a.

North arrow;

b.

Legal description of the lot along with existing and proposed elevations of lot;

c.

Address of the lot—Assigned address of lot is required;

d.

Names, center-lines and right-of-way widths of all streets, alleys, thoroughfares, public ways, water ways, or railroad right-of-ways abutting or within the lot;

e.

The location and dimensions of all buildings, structures or improvements currently existing on the lot;

f.

Structures proposed for demolition should be indicated as such;

g.

The location and dimensions of all proposed buildings, structures or improvements, including land excavations, land fills, fences, sheds, paved areas, storage areas, parking areas (indicate if parking is hard surfaced). Cross-hatch or shade lightly all proposed buildings;

h.

Location of any proposed or existing driveway and its width at the property line. (Any connection to an alley must also be indicated);

i.

The distance from lot lines for all existing and proposed buildings, structures, improvements, signs, land excavations, or land fills distance is measured as a line from the point where the building, structure, improvement, sign, land excavation, or land fills is closest to the property line. This measurement it taken perpendicular to the property line;

j.

The height of the existing and proposed buildings, structures or improvements;

k.

All other information required by the staff for the proper administration of this chapter.

l.

A licensed engineer's drawing of the proposed excavation site, including clearly marked details of the area to be excavated, the elevation before and after the proposed excavation, and the elevations of adjoining properties; and such drawings shall bear the name, address, and license number of such engineer.

m.

Nothing in this section shall prohibit the filing of amendments to an application or to a plan or other record accompanying same, at any time before the completion of the work for which the permit was sought. Such amendments, after approval, shall be filed with and be deemed a part of the original application.

(2)

A plat of survey for any commercial, industrial or special exception use shall be drawn to scale of not more than 1"=100' showing:

a.

North arrow;

b.

Legal description—Address of the site; assigned address of lot, parcel or tract is required;

c.

The actual shape, size and dimensions of the lot, parcel or tract;

d.

Area map or sketch to indicate the location of the site;

e.

Names, center-lines and right-of-way widths of all streets, alleys, thoroughfares, public ways, water ways, or railroad right-of-ways abutting or within the lot, parcel or tract;

f.

The location and dimensions of all buildings, structures, improvements or signs currently existing on the lot parcel or tract;

g.

Structures proposed for demolition should be indicated as such;

h.

The location and dimensions of all proposed buildings, structures, improvements, signs, land excavations, or land fills including fences, sheds, paved areas, storage areas, parking areas. Cross-hatch or shade lightly all proposed buildings;

i.

Location of any proposed or existing driveway and its width at the property line. (Any connection to an alley must also be indicated);

j.

(If applicable) location, dimensions, and type (e.g. ground, pole, wall) of all signs on the site, existing and proposed. Include separate elevations of proposed sign structures with all dimensions drawn to scale;

k.

The distance from lot lines for all existing and proposed buildings, structures, improvements, signs, land excavations or land fills (this distance is measured as a line from the point where the building, structure, improvement, sign, or land excavation is closest to the property line.) This measurement is taken perpendicular to the property line.;

l.

The height of the existing and proposed buildings, structures, improvements or signs;

m.

The number of dwelling units (if applicable) of existing and proposed buildings or structures;

n.

The current and proposed use to be made of all buildings, structures, improvements or lands within the lot (e.g. parking, residence, office, storage);

o.

Location, engineering information, regarding all utilities to provide service to the buildings or structures on the lot parcel or tract;

p.

The location and dimensions of all off-street parking and off-street loading facilities;

q.

The location and dimensions of all fences, walls or other screening and buffering devices;

r.

Location, size and species of all proposed and existing trees (six (6) inches or larger at four and one-half (4.5) feet above grade) and landscaping;

s.

Site data summary (a text summary in table format describing: square footage of existing and proposed buildings; existing, proposed and required parking; existing, proposed and required loading; proposed and permitted maximum building height; accommodation of drainage, sanitary sewer, water and other utility services; legal description; lighting; and landscaping);

t.

The seal of the registered professional engineer or architect responsible for the site plan; and

u.

All other information required by the staff for the proper administration and enforcement of this chapter.

v.

Nothing in this section shall prohibit the filing of amendments to an application or to a plan or other record accompanying same, at any time before the completion of the work for which the permit was sought. Such amendments, after approval, shall be filed with and be deemed a part of the original application.

(d)

The community development director may waive or relax any of the site plan requirements listed above, as circumstances dictate. The site plan shall be attached to the application for an improvement location permit when such application is submitted to the community development director and shall be retained in the office of the community development director as a public record.

(e)

The plan commission and/or board of zoning appeals in cases of special exception may promulgate rules, regulations, and procedures, in addition to those listed herein, as to the form and processing of the applications, site plans, and permits required by this section.

(f)

When a builder, developer or owner of any building, structure, improvement, sign, land, excavation, or land fill for which an improvement location permit has been obtained, for any reason, proposes that the construction of said building, structure, improvement, sign, land excavation, or land fill deviate from the plans filed with the improvement location permit application and approved by the community development director, the builder, developer or owner shall make application for an amended improvement location permit. The community development director shall review the application for the amended improvement location permit in accordance with the procedures set forth above to determine compliance of the amended improvement location permit application with the provisions of this chapter and any other applicable conditions, covenants or restrictions. If such amended improvement location permit application is found to be in compliance, the community development director shall issue an amended improvement location permit. Any determination by the community development director with respect to an amended improvement location permit shall be subject to the same appeal rights and procedures as set forth herein for an initial application for an improvement location permit.

(g)

Nothing contained in this chapter shall require any change in the plans, construction, size or designated use of a building, structure, improvement, sign, land excavation, or land fill for which a valid improvement location permit has been issued or all required permits and approvals were obtained before the effective date of this chapter.

(h)

It shall be the duty of the community development director to examine applications for improvement location permits within a reasonable time after filing. If, after examination, he/she finds no objection to the same and it appears that the proposed work will be in compliance with this chapter, he/she shall approve such application and issue an improvement location permit for the proposed work as soon as practicable. If his examination reveals otherwise, he/she will reject such application, noting his finding in a report to be attached to the application and delivering a copy to the applicant.

(i)

Nothing in this section shall be construed to prevent the community development director from issuing an improvement location permit for the construction of part of a building, structure, improvement, sign, land excavation, or land fill before the entire plans and detailed statements of said building, structure, improvement or sign have been submitted or approved, if adequate plans and detailed statements have been presented for the same and have been found to comply with this chapter.

(j)

All work performed under an improvement location permit issued by the community development director shall conform to the approved application and plans, and approved amendments thereof. The location of all new construction as shown on the approved plot plan, or an approved amendment thereof, shall be strictly adhered to. It shall be unlawful to reduce or diminish the area of a lot or plot of which a plot plan has been filed and has been used as the basis for an improvement location permit, unless a revised plot plan showing the proposed change in conditions shall have been filed and approved; provided that this shall not apply when the lot is reduced by reason of a street opening or widening or other public improvement.

(k)

Every improvement location permit issued by the community development director under the provisions of this chapter shall have his/her signature affixed thereto; but this shall not prevent him/her from authorizing a subordinate to affix such signature.

(l)

Works authorized by an improvement location permit must be started within six (6) months of the date of issuance and must be completed within two (2) years unless an extension is granted by the community development director. An improvement location permit under which no work is commenced within two (2) years after issuance shall expire by limitation.

(m)

A copy of the improvement location permit shall be kept on the premises open to public inspection at the commencement of work and until the completion of same. The community development director may require a certified copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof. The community development director shall be given at least twenty-four (24) hours' notice of the starting of work under an improvement location permit.

(n)

The community development director may revoke an improvement location permit issued under the provisions of this chapter in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit was based. If the community development director determines that construction or development is proceeding or has proceeded in violation of any applicable law, ordinance, rule, regulation, site plan, zoning commitment, or condition of approval, or that the improvement location permit has been issued in violation of any applicable law, ordinance, rule, regulation, site plan, zoning commitment, or condition of approval, the community development director may revoke said improvement location permit. In the event that an improvement location permit is revoked, the community development director shall send written notice of the revocation to the permit applicant.

(o)

Any determination by the community development director concerning the issuance of an improvement location permit may be appealed to the board of zoning appeals by any party claiming to be adversely affected by that decision.

(p)

The issuance of an improvement location permit does not substitute for or supersede the requirement to obtain approvals specified in other laws, ordinances, rules and regulations, as the same may be amended from time to time, before the construction of any building, structure, improvement, sign, land excavation, or land fill.

(q)

Notwithstanding anything contained in this section to the contrary, no improvement location permit shall be required for minor repairs or alterations to buildings, structures, improvements, signs, land excavations, or land fills where the cost of such repairs or alterations does not exceed five hundred dollars ($500.00).

(r)

The Merrillville Roadway Engineering Standards Booklet is hereby adopted and incorporated into the Merrillville Municipal Code by reference. The Merrillville Roadway Engineering Standards Booklet contains the proper standards for driveways, roads, sidewalks, and other design criteria for the issuance of building permits. All plot plans, permit survey, or other documentation submitted for the issuance of a building permit must use the design criteria in the Merrillville Roadway Engineering Standards Booklet.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 06-18, § 4, 7-11-06; Ord. No. 13-07, § 1, 6-11-13)

(a)

No building, structure, improvement, for which an improvement location permit is required by the provisions of this chapter shall be used for the purpose contemplated by the improvement location permit until a certificate of occupancy has been issued by the community development director. A certificate of occupancy shall be applied for at the same time as the application for an improvement location permit and said certificate shall be issued within a reasonable time after the request for same shall have been made in writing to the community development director after the erection or alteration of such building, structure, improvement; or part thereof shall have been completed, in conformity with the provisions of these regulations. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the community development director for a period not to exceed six (6) months, during the completion of alterations or during partial occupancy of a building, structure, improvement pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties, or obligations of the owners or of the tenants relating to the use or occupancy of the premises or any other matter covered by this chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants. The community development director can require conditions as part of the temporary occupancy.

(1)

The individual filing and being granted a building permit; whether homeowner, builder, subdivider, or developer, must be the same individual who files and is granted a temporary or final certificate of occupancy.

(2)

To ensure the completion and warranty for the installation for landscaping, sidewalks, driveways, and other visible building construction elements for residential properties, said requirements are in effect.

a.

Prior to the issuance of a temporary of certificate of occupancy, the applicant, developer, or future homeowner shall post a performance surety in the form of a cash escrow or certified check to guarantee completed landscaping, completed sidewalks, completed driveway, and that all other required work is completed within sixty (60) days following the issuance of a temporary certificate of occupancy. The performance surety will be released following the issuance of a final certificate of occupancy and a satisfactory inspection for the completion of all landscaping, sidewalk, driveway and all other required work. Such inspection shall be based on the Town of Merrillville's existing code and regulatory guidelines and will be conducted by the Town of Merrillville's Building Inspector, Zoning Director, or Community Development Director.

b.

A certified check or cash escrow will not be required in the event that a financial institution requires moneys in an escrow account (from homeowner and or developer) for the completion of sidewalks, driveways, and or landscaping equal or above the amount specified by this ordinance. The Town of Merrillville requires written proof from the financial institution that such an escrow account has been formed and the specific amounts held if it is to be used to satisfy the requirements of this ordinance.

c.

Completed landscaping shall be defined as sod taking root and or seeding germinating and growing out of the ground. Eighty-five (85) percent coverage must be completed in all turf areas.

(3)

If completed landscaping, sidewalks and driveways cannot occur due to seasonal constraints, the planning and building department will still require a performance surety in the form of a cash escrow or certified check. In the case of seasonal constraints all required landscaping shall be installed and approved within sixty (60) days from the start of the following planting season. In the case of seasonal constrains for asphalt driveways, said asphalt driveways shall be installed and approved within sixty (60) days following the winter season. Winter seasons ends March 1. Sidewalks will be required within sixty (60) days following the issuance of temporary certificate of occupancy.

(4)

If the covenants of the subdivision require any portion of the lots to be sodded or landscaped above and beyond Town of Merrillville zoning ordinance and building code requirements, and the costs of sodding/landscaping are greater then the escrow amounts detailed below, then the Town of Merrillville shall have the right to recuperate the cost difference from the homeowner or developer if the Town of Merrillville installs the landscaping or sodding. The Town of Merrillville may have the right but not the obligation to install completed landscaping, driveways, or sidewalks and use the proceeds from the performance sureties for this purpose if the owner or developer fails to install final landscaping, sidewalks or driveways within the allotted time frames of this ordinance.

a.

Required performance surety amounts.

1.

Performance surety amounts will be required for the following items as stipulated below:

* Completed landscaping is defined above in subsection (2)c.

b.

Landscape escrow fund.

1.

Performance surety in the form of a cash escrow or certified check will be cashed and deposited upon receipt by the Clerk Treasurer for the Town of Merrillville, Indiana into an escrow trust fund titled "landscape escrow trust fund". Any dollar amounts collected will be held in said account until landscaping, sidewalks, and driveways are completed. Once these aforementioned issues are completed and verified by inspection from the building inspector, zoning director, or community development director, the exact amount of said escrow funds, which were deposited and required by this chapter, will be returned to the original depositor.

(b)

No structure shall be used for which an improvement location permit is required by the provisions of this chapter for the purpose contemplated by the improvement location permit until a certificate of use has been issued by the community development director. A certificate of use shall be issued for the following: i.e., fences, sheds, detached garages, towers, pools, land excavation/land fill or any similar detached structures.

(c)

A record of all certificates shall be kept on file in the office of the community development director and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the improvements affected. A fee shall be charged for a certificate of occupancy/use as provided in section 21-48.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 06-18, § 4, 7-11-06; Ord. No. 06-48, §§ 1—3, 1-9-07)

(a)

All amendments to this chapter shall be in conformance with IC 36-7-4 and all acts supplemented and amendatory thereto.

(b)

Any petition for amendment shall be accompanied by a legal description and, if land is unplatted, a plat of survey, certified by a registered land surveyor or engineer, showing all dimensions of the property in question.

(c)

Any petition for amendment shall be accompanied by a certified list of names and addresses (as determined from the most current property tax rolls) of all owners of land immediately adjacent to, or across any street or alley from, the property in question. Said certified by a title company, township tax assessor, or county auditor.

(d)

Any petition for amendment that is approved by ordinance which involves a change in the zoning district map shall be valid for a period of two (2) years after such amendatory ordinance is passed and provided a building permit is secured within two (2) years after the effective date of the amendatory ordinance and provided further that substantial development has occurred within one year from the time the building permit has been secured.

(e)

If a building permit is not issued or if a substantial development of the property has not been undertaken within the time as specified above, the amendatory ordinance shall be reviewed by the plan commission for its continued applicability unless an administrative extension has been granted by the community development director previous to the expiration of the two-year period.

(f)

The community development director is authorized to grant up to six (6) months extension before said amendatory ordinance is reviewed by the plan commission. Extensions shall only be granted by the community development director when it has been demonstrated that development has not occurred because of factors beyond the control of the owner.

(g)

For purposes of this section "substantial development" shall mean actual physical construction of streets and/or other site improvements necessary and at least the construction of one building as defined in this chapter.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 06-18, § 4, 7-11-06)

State Law reference— Amendment of zoning ordinances, IC 36-7-4-607 et seq.

(a)

A fee shall be paid by the applicant at the time a petition or application is filed in order to defray administrative costs associated with the processing of development petitions, improvement location permits, and other approvals. All applications shall be accompanied by a check, money order or other approved payment method acceptable to the clerk-treasurer in accordance with the following schedule of fees:

(1)

Board of zoning appeals: .....

a.

Administrative appeal .....$250.00

b.

Variance developmental standards, commercial or industrial use .....200.00

c.

Variance developmental standards, residential use .....100.00

d.

Special exceptions .....250.00

e.

Variance of use .....200.00

f.

Land excavation or fill requiring special exception approval .....250.00

g.

Land excavation or fill requiring special exception approval for transfer of ownership .....250.00

(2)

Plan commission: .....

a.

Zone change .....250.00

b.

Subdivision approval (see Chapter 19 of the Merrillville Municipal Code) for fees. .....

c.

Planned unit development: .....

1.

Amendment, approval extension, or vacation of plat .....250.00

2.

Conceptual approval (optional) .....100.00

3.

Preliminary approval .....250.00

Plus five dollars ($5.00) per acre

4.

Final approval .....250.00

Plus two dollars ($2.00) per acre

(3)

Land excavation or fill not requiring BZA action: .....

a.

Commercial/industrial .....100.00

b.

Residential .....50.00

(4)

Certificate of occupancy/use: .....

a.

Commercial or industrial use .....50.00

b.

Residential use .....20.00

(5)

Driveway alterations permit: .....

a.

Commercial or industrial use .....50.00

b.

Residential use .....20.00

(6)

Home occupation permit: .....

a.

Original request .....30.00

b.

Renewal fee (one-half (½) original fee) .....15.00

(7)

Improvement location permit (building permits). See Chapter 6 of this Code for fees. .....

(8)

Sign permit application fee .....30.00

Plus any required building permit fees (see Chapter 6 of the Merrillville Municipal Code section 6-21.)

(9)

Special meeting of plan commission or board of zoning appeals .....500.00

(10)

Subdivision approvals. See Chapter 19 of the Merrillville Municipal Code for fees. .....

(11)

Temporary building or use, i.e. construction trailers, not requiring special exception approval: .....

a.

Residential: .....

1.

Application fee .....20.00

2.

Building permit fee .....50.00

b.

Commercial/industrial: .....

1.

Application fee .....20.00

2.

Building permit fee .....80.00

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 05-23, § 5, 7-12-05)