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Spring Lake City Zoning Code

ADMINISTRATION

§ 156.010 GENERAL ADMINISTRATION.

   (A)   Administrative Officer. The Hancock County Planning Director (including any designee(s) of the Planning Director), will have the principal responsibility for the administration and enforcement of this chapter within the Plan Commission's planning jurisdiction. The duties of the Planning Director, or his/her designee shall include, but not be limited to:
      (1)   Improvement location permits. Reviewing, approving, or disapproving all improvement location permits and keeping permanent records of applications made and actions taken;
      (2)   Inspections. Conducting inspections of structures and properties to determine compliance with the requirements of this chapter and all approvals granted by the Plan Commission, Board of Zoning Appeals, Plat Committee, or other body in the execution of its duties as established by this chapter and the Indiana Code;
      (3)   Record keeping. Maintaining permanent and current records documenting the application of this chapter including, but not limited to, all maps, amendments, special exceptions, variances, and appeals;
      (4)   Plan Commission applications. Receiving, processing, docketing, and referring to the Plan Commission all appropriate applications;
      (5)   Board of Zoning Appeals applications. Receiving, processing, docketing, and referring to the Board of Zoning Appeals all appeals, variances, special exceptions, and other matters upon which it is authorized to act under this chapter and the Indiana Code;
      (6)   Plat Committee applications. Receiving, processing, docketing, and referring to the Plat Committee all appropriate applications;
      (7)   Technical Review Committee. Receiving, processing, docketing, and referring to the Technical Review Committee all appropriate applications;
      (8)   Clerical and technical assistance. Providing all such clerical and technical assistance as may be required by the Board of Zoning Appeals, Plan Commission, Technical Review Committee, legislative bodies, or other body in the execution of its duties as established by this chapter and the Indiana Code.
   (B)   Fee schedule. The Planning Director shall maintain a schedule of fees, as approved by the County Commissioners, for all applications, permits, and other processes outlined in this chapter.
      (1)   Fee basis. All fees shall be intended to reimburse the Plan Commission for the time and cost of processing the required materials. In no instance shall a fee be used as a means of discouraging or encouraging any particular types of applications.
      (2)   Public access. The fee schedule shall be made available to the public by the Planning Director.
      (3)   Establishment and revisions. The fee schedule shall be prepared by the Planning Director, reviewed by the Plan Commission, and approved by ordinance by the Board of County Commissioners.
         (a)   The fee schedule may be amended by a recommendation submitted to the Board of County Commissioners by the Plan Commission followed by the Commissioners' approval of a revised fee schedule ordinance.
         (b)   The Planning Director shall review the fee schedule annually and bring any necessary revisions to the attention of the Plan Commission and Board of County Commissioners.
      (4)   Payment required. Until all applicable fees have been paid in full, no action shall be taken on any application or petition.
      (5)   Fines for failing to obtain a permit. The Planning Director may require any person who initiates construction of a structure or the alteration of land prior to obtaining any required permit to pay up to two times the amount of the normal permit fee listed on the fee schedule as a penalty in addition to any enforcement cost including incurred attorney's fees for such activity (and in addition to the established fee).
   (C)   Schedule of meeting and filing dates. The Planning Director shall maintain an annual calendar of meeting and filing dates for the Technical Review Committee, Plat Committee, Plan Commission, and Board of Zoning Appeals. The existence of this calendar shall not be interpreted as prohibiting special meetings of the Committees, Commission, or Board.
      (1)   Coordination of calendars. The calendars of the Technical Review Committee, Plat Committee and Plan Commission shall be coordinated to ensure the efficient processing of applications.
      (2)   Conformance with the Indiana Code. All meeting and filing dates shall be based on the requirements of this chapter and the laws of the State of Indiana.
      (3)   Approval of dates. The calendar of meeting and filing dates shall be prepared by the Planning Director and approved by the Plan Commission and Board of Zoning Appeals (the Plan Commission shall be responsible for approving a coordinated calendar for the Technical Review Committee and the Plat Committee). The calendar of meeting and filing dates shall be reviewed and updated annually by the Planning Director.
(Ord. 2007-1B, passed 2-5-07)

§ 156.011 LEGISLATIVE BODIES DUTIES AND POWERS.

    The powers and duties of the participating legislative bodies with regard to this chapter are defined by the Indiana Code, and are described in this chapter.
   (A)   Duties. Duties should be interpreted as activities that are obligations. Legislative body duties include:
      (1)   Plans and ordinances. Adopt, reject, or amend the Comprehensive Plan, any other plans, the Zoning Ordinance, and the Subdivision Control Ordinance as certified and submitted by the Plan Commission;
      (2)   Plan and ordinance amendments. Adopt, reject, or amend proposals to amend or partially repeal the text of the Comprehensive Plan, any other plans, the Zoning Ordinance, and the Subdivision Control Ordinance as certified and submitted by the Plan Commission;
      (3)   Zoning map amendments. Adopt, reject, or amend proposals to amend the official zoning map certified and submitted by the Plan Commission;
      (4)   Planned unit developments. Adopt, reject, or amend proposals for planned unit developments as certified and submitted by the Plan Commission;
      (5)   Fee schedule. Adopt, reject, or amend proposals to adopt or amend a fee schedule as certified and submitted by the Plan Commission; and
      (6)   Other duties. All additional duties as established by the Indiana Code.
   (B)   Powers. Powers should be interpreted as activities that are optional and may be initiated by the participating legislative bodies. Legislative body powers include:
      (1)   Plan and ordinance amendments. Initiate amendments to the text of the Comprehensive Plan, any other plans, the Zoning Ordinance, and/or the Subdivision Control Ordinance;
      (2)   Zoning map amendments. Initiate amendments to the official zoning map; and
      (3)   Other powers. All additional powers as permitted by the Indiana Code.
(Ord. 2007-1B, passed 2-5-07)

§ 156.012 PLAN COMMISSION DUTIES AND POWERS.

   The powers and duties of the Hancock County Area Plan Commission with regard to this chapter are defined by the Indiana Code, and are described in this chapter. These powers and duties are further described by the Plan Commission Rules and Procedures.
   (A)   Duties. Duties should be interpreted as activities that are obligations. Plan Commission duties include:
      (1)   Rules. Supervise and make rules for the administration of the affairs of the Commission (I.C. 36-7-4-401(a)(1));
      (2)   Procedures. Prescribe uniform rules pertaining to investigations and hearings (I.C. 36-7-4-401(a)(2));
      (3)   Record keeping. Maintain a complete record of all proceedings (I.C. 36-7-4-401(a)(3));
      (4)   Meeting time and records. Fix the time for holding regular meetings each month, or as necessary, keep minutes of all meetings, and maintain all minutes and records in the office of the Commission (I.C. 36-7-4-306);
      (5)   Certification. Adopt a seal and certify all official acts (I.C. 36-7-4- 401(a)(6) and (7));
      (6)   Recommendations. Make recommendations to the participating legislative bodies concerning the adoption and amendment of the Comprehensive Plan, the Zoning Ordinance (including the zoning map), the Subdivision Control Ordinance, and planned unit development district ordinances (I.C. 36-7-4-405(a)(1));
      (7)   Decisions. Approve or deny plats, re-plats, and amendments to plats consistent with the I.C. 36-7-4-700 series (I.C. 36-7-4- 405(a)(2));
      (8)   Surety. Assume responsibility for the custody and preservation of all Commission documents and papers (I.C. 36-7-401(a)(4));
      (9)   Publications. Prepare, publish, and distribute reports, ordinances, and other material relating to the activities authorized by the Indiana Code (I.C. 36-7-4-401(a)(5));
      (10)   Fiscal supervision. Supervise the fiscal affairs of the Commission (I.C. 36-7-4-401(b)(1));
      (11)   Budgeting. Prepare and submit an annual budget to the County Council. (I.C. 36-7-4-401(b)(2));
      (12)   Employees. Prescribe the qualifications of, appoint, remove, and fix the compensation of the employees of the Commission, consistent with the compensation fixed by the County Council (I.C. 36-7-4-402(b));
      (13)   Street names and addresses. Assign street numbers to lots and structures, renumber lots and structures, assign street names, and approve or deny proposed street names in new developments in conjunction with the County Sheriff's office (I.C. 36-7-4-405(b)(1), (2), and (3));
      (14)   Board of Zoning Appeals facilities. Provide suitable facilities for the holding of BZA hearings and for the preserving of records, documents, and accounts (I.C. 36-7-4-914); and
      (15)   Other duties. All additional duties as established by the Indiana Code.
   (B)   Powers. Powers should be interpreted as activities that are optional and may be initiated by the Commission. Plan Commission powers include:
      (1)   Advisory committees. Establish advisory committees as necessary, composed of specific members and organized for specific purposes (I.C. 36-7-4-407);
      (2)   Executive committee. Establish an executive committee (I.C. 36- 7-4-408);
      (3)   Funding assistance. Seek funding assistance through grant programs as necessary (I.C. 36-7-4-409) and accept gifts, donations, and grants (I.C. 36-7-4-310);
      (4)   Fee schedule. Establish a schedule of fees to defray the administrative costs of the official actions of the Commission (I.C. 36-7-4-411);
      (5)   Secretary. Appoint and fix the duties of a secretary (I.C. 36-7-4- 304);
      (6)   Professional services. Contract for special or temporary services and any professional counsel (I.C. 36-7-4-311); and
      (7)   Other powers. All additional powers as permitted by the Indiana Code.
   (C)   Communication with Plan Commission members. No person (including applicants, remonstrators, and other interested parties) may communicate with any member of the Commission before the hearing with intent to influence the member's action on a matter pending before Plan Commission.
(Ord. 2007-1B, passed 2-5-07)

§ 156.013 BOARD OF ZONING APPEALS.

   (A)   Establishment and membership. Pursuant to I.C. 36-7-4-900 series, the participating legislative bodies establish the Hancock County Area Board of Zoning Appeals which shall conduct business consistent with all requirements of the Indiana Code and this chapter.
   (B)   Powers and duties. The powers and duties of the Hancock County Area Board of Zoning Appeals with regard to this chapter are defined by the Indiana Code, and are described in this chapter. These powers and duties are further described by the Board of Zoning Appeals Rules and Procedures.
      (1)   Duties. Duties should be interpreted as activities that are obligations. Board of Zoning Appeals duties include;
         (a)   Meeting time. Fix a reasonable time for the hearing of administrative appeals, special exceptions, and variances (I.C. 36-7-4-920);
         (b)   Minutes. Keep minutes of its proceedings and record the vote on all actions taken, file all minutes and records in the office of the Board, and make written findings of fact in all cases (I.C. 36-7-4-915);
         (c)   Rules and procedures. Adopt rules concerning the filing of appeals, applications, public notice, the conduct of hearings, and the determination of whether a variance application is for a variance of use or for a variance from the development standards (I.C. 36-7-4-916(a));
         (d)   Publications. Make adopted rules available to all applicants and other interested persons (I.C. 36-7-4-916(c));
         (e)   Variances. Review, hear, and approve or deny all applications for variances from development standards, such as height, setback, or area (I.C. 36-7-4-918.5);
         (f)   Special exceptions. Review, hear and approve or deny all applications for special exceptions (I.C. 36-7-4-918.2);
         (g)   Appeals. Review, hear, and decide appeals of decisions made under this chapter or in the enforcement of this chapter by the Plan Commission Director or other Plan Commission staff, committees, administrative boards, or any other bodies (except the Plan Commission) (I.C. 36-7-4-918.1); and
         (h)   Other duties. All additional duties as established by the Indiana Code.
      (2)   Powers. Powers should be interpreted as activities that are optional and may be initiated by the Board. Board of Zoning Appeals powers include:
         (a)   Hearing officer. Appoint a hearing officer (I.C. 36-7-4-923);
         (b)   Secretary. Appoint a secretary and other employees as necessary for the discharge of Board duties (I.C. 36-7-4-913); and
         (c)   Other powers. All additional powers as permitted by the Indiana Code.
   (C)   Rules and procedures. The Board of Zoning Appeals shall have sole authority to adopt any and all rules under I.C. 36-7-4-916 and any and all procedures concerning organization, selection of officers, forms for applications, filing requirements, procedures, notices and conduct of meetings, and public hearings.
   (D)   Filing. All applications for variances, special exceptions, and requests for administrative appeal shall be filed by the applicant with the Planning Director in the manner prescribed by the Board.
   (E)   Communication with Board members. No person (including applicants, remonstrators, and other interested parties) may communicate with any member of the Board before the hearing with intent to influence the member's action on a matter pending before the Board.
   (F)   Notice of public hearing. For all public hearings, notice shall be provided to the public consistent with the requirements of § 156.101.
   (G)   Re-filing of denied applications. No request for variance, special exception, or administrative appeal that has been denied may be re-filed for a period of one year from the date of the denial, unless substantial changes have been made that address the reasons for denial.
   (H)   Appeals. Every decision of the Board of Zoning Appeals shall be subject to review by a court of jurisdiction (writ of certiorari) as prescribed by I.C. 36-7-4-1000 series. All appeals shall be presented to a court of jurisdiction.
   (I)   Improvement location permit required. If the Board grants a special exception or variance, it shall direct the applicant to apply for an improvement location permit. If such application complies with all requirements established by the Board and this chapter, an improvement location permit for the execution of the approved variance or special exception shall be issued.
   (J)   Expiration of approvals. A special exception or variance ceases to be authorized and is expired if the obtaining of an improvement location permit, or the execution of the approval, has not been completed within one year of the date the variance or special exception is granted. The variance or special exception shall also expire if the approved construction has not been completed and approved by the Planning Director as being consistent with all written commitments or conditions, the requirements of this chapter, and all applicable permits within two years of the date the approval is granted.
   (K)   Termination. A variance or special exception may be terminated by the Board of Zoning Appeals under the following procedure:
      (1)   Public hearing. Upon determination by the Planning Director that possible grounds for termination exist, the matter shall be placed on the Board of Zoning Appeals agenda for a public hearing. The Planning Director shall notify the applicant and all adjoiner 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 variance or special exception 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.
      (3)   Time limitation. No special exception or variance may be reviewed by the Board of Zoning Appeals for the same cause more than once in any one-year period.
(Ord. 2007-1B, passed 2-5-07)
Statutory reference:
   Board of Zoning Appeals, see I.C. 36-7-4-900 series
Cross reference:
   Jurisdiction, see § 156.002(B)
   Notice of public hearing, see § 156.101