1. The powers and duties set out in the City of Valparaiso Code of Ordinances, Section 31.01, Authority; Duties.
2. All powers and duties established or authorized by the Indiana Statutes.

Approvals. The City Common Council shall make the final decision on the following types of development applications:

1. Text amendments;

2. Rezonings; and

3. Planned Unit Development (PUD) Ordinances.

Official Action. Generally, official action shall be taken as provided in the Code of Ordinances. However, with respect to text amendments and district boundary changes (rezonings), the City Common Council shall take official action by a vote of at least a majority of all elected councilmembers.

1. The Plan Commission shall:
   1. Supervise, and make rules for, the administration of the affairs of the Commission;
   2. Prescribe uniform rules pertaining to investigations and hearings;
   3. Keep a complete record of all the departmental proceedings;
   4. Record and file all bonds and contracts and assume responsibility for the custody and preservation of all papers and documents of the Plan Commission;
   5. Prepare, publish, and distribute reports, ordinances, and other material relating to the activities of the Plan Commission;
   6. Adopt a seal;
   7. Certify to all official acts;
   8. Supervise the fiscal affairs of the Plan Commission;
   9. Prepare and submit an annual budget in the same manner as other departments, and be limited in all expenditures to the provisions made for the expenditures by the City Common Council; and
   10. Provide for suitable facilities for the holding of Board of Zoning Appeals hearings, and for the preserving of its records, documents, and accounts.
2. The Plan Commission may, by resolution, establish advisory committees of citizens who are interested in problems of planning and zoning. If it creates an advisory committee, the Plan Commission shall specify the terms of its members and its purposes.
   1. Each advisory committee shall:
      1. Study the subject and problems specified by the Plan Commission and recommend to the Plan Commission additional problems in need of study;
      2. Advise the Plan Commission concerning how the subject and problems relate particularly to different areas and groups in the community; and
      3. If invited by the Plan Commission to do so, sit with and participate, without the right to vote, in the deliberations of the Plan Commission, when subjects of mutual concern are discussed.
   2. An advisory committee shall report only to the Plan Commission, and shall make inquiries and reports only on the subject and problems specified by the Plan Commission's resolution establishing the advisory committee.
3. The Plan Commission may establish an executive committee of not less than three, nor more than nine, persons appointed by the Plan Commission from its membership.
   1. The establishment of the executive committee, the naming of its individual members, and the adoption of rules governing its operation requires a two-thirds majority vote of the entire membership of the Plan Commission.
   2. A majority of the executive committee may act in the name of the Plan Commission; but if there are any dissenting votes, a person voting in the minority may appeal the decision of the executive committee to the Plan Commission.
4. The Plan Commission may appoint a Plat Committee to hold hearings on and approve plats and replats on behalf of the Plan Commission, as follows:
   1. The Plat Committee consists of three or five persons, with at least one of the members being a member of the Plan Commission.
   2. Each appointment of a member of the Plat Committee is for a term of one year.
   3. The Plan Commission may remove a member from the Plat Committee by mailing notice of the removal, along with written reasons, if any, for the removal, to the member at his residence address. A member who is removed may not appeal the removal to a court or otherwise.
   4. The Plat Committee may take action only by a majority vote.

1. The adoption of the Comprehensive Plan and amendments to the Comprehensive Plan;

2. The adoption or text amendment of:

   1. An initial zoning ordinance;

   2. A replacement zoning ordinance; and

   3. A subdivision control ordinance;

3. The adoption or amendment of a PUD district ordinance (as defined in IC 36-7-4-1503); and

4. Rezonings.

Approvals. The Plan Commission shall decide the following types of applications for development approval:

1. Waivers from the requirements of Article 7, Storm Water Management.

2. Planned Unit Development modifications;

3. Primary and secondary plats;

4. Replats and plat amendments;

5. Access points, curb cuts, shared driveways, parking layouts, and adjustments to the spacing requirements denoted in the Eastgate Overlay District;

Other Powers. The Plan Commission has the authority to:

1. Assign street numbers to lots and structures;

2. Renumber lots and structures;

3. Name and rename streets; and

4. Hear appeals from decisions of the Planning Director with regard to master plans.

Employees. The Plan Commission shall establish the qualifications of, appoint, remove, and fix the compensation of its employees, which compensation must conform to salaries and compensations fixed before that time by the City Common Council. The Plan Commission shall delegate authority to its employees to perform ministerial acts in all cases except where final action of the Plan Commission is necessary.

1. The Plan Commission consists of nine members, as follows:

   1. One member appointed by the City Common Council from its membership;
   2. One member appointed by the Board of Park and Recreation Commissioners from its membership;
   3. One member or designated representative appointed by the Board of Public Works and Safety;
   4. The City Engineer or a qualified assistant appointed by the City Engineer; and
   5. Five citizen members, of whom no more than three may be of the same political party, appointed by the City Administrator.
2. All members of the Plan Commission on the effective date of this UDC shall continue to serve their appointed terms.

1. Each citizen member shall be appointed because of:
   1. The member's knowledge and experience in community affairs;
   2. The member's awareness of the social, economic, agricultural, and industrial problems of the area; and
   3. The member's interest in the development and integration of the area.
2. A citizen member may not hold other elective or appointive office in municipal, county, or state government, except in the case of membership on the School Board, the Board of Park and Recreation Commissioners, or the board of directors for public utilities, or board of trustees for utilities created under IC 8-1-11.1.
3. A citizen member must be a resident of the jurisdictional area of the Plan Commission.

1. The term of office of a member who is appointed pursuant to subsection A.1.a. through A.1.d. is coextensive with the member's term of office on that body, board, or council, unless that body, board, or council appoints, at its first regular meeting in any year, another to serve as its representative.
2. The term of office for a citizen member is four years.

1. Members of the Plan Commission shall be certified as follows:
   1. The City Clerk-Treasurer shall certify members appointed by the City Common Council.
   2. The secretary of the Board of Park and Recreation Commissioners shall certify members appointed by the Board of Park and Recreation Commissioners.
   3. The City Administrator shall certify his or her appointments.
2. The certificates shall be sent to and made a part of the records of the Plan Commission.

1. The appointing authority may remove a member from the Plan Commission for cause.
2. The appointing authority must mail notice of the removal, along with written reasons for the removal, to the member at his residence address.
3. A member who is removed may, within 30 days after receiving notice of the removal, appeal the removal to the circuit or superior court of Porter County. The court may, pending the outcome of the appeal, order the removal or stay the removal of the member.

1. At its first regular meeting in each year, the Plan Commission shall elect from its members a president and a vice president. The vice president may act as president of the Plan Commission during the absence or disability of the president.
2. The Plan Commission shall appoint and fix the duties of a secretary, who is not required to be a member of the Plan Commission.

1. A quorum consists of five voting members (a majority of the entire voting membership).
2. Action of the Plan Commission is not official, unless it is authorized, at a regular or special meeting, by a majority of the entire membership of the Plan Commission.

1. Special meetings of the Plan Commission may be called by the president or by two members of the Plan Commission upon written request to the secretary.
2. The secretary shall send to all members, at least three days before the special meeting, a written notice fixing the time and place of the meeting. However, written notice of a special meeting is not required if:
   1. The date, time, and place of the special meeting are fixed during a regular meeting; and
   2. All members of the Plan Commission are present at that regular meeting.

1. The Plan Commission shall keep minutes of its meetings.
2. The minutes of commission meetings and all records shall be filed in the office of the Plan Commission and are public records.

Plat Committee.

1. The Plan Commission may appoint a Plat Committee to hold hearings on and approve plats and replats on behalf of the Plan Commission.

2. If formed, the Plat Committee shall consist of three or five persons, with at least one of the members being a member of the Plan Commission.

3. Each appointment of a member of the Plat Committee is for a term of one year.

4. The Plan Commission may remove a member from the Plat Committee. The Plan Commission must mail notice of the removal, along with written reasons, if any, for the removal, to the member at his residence address.

5. The Plat Committee may take action only by a majority vote.

1. Variances from development standards that apply to a subdivision plat; and
2. Variances from development standards or use for parcels proposed for development that are located within overlay districts established by Article 11, Design Standards.
3. Special use permits for parcels proposed for development that are located within overlay districts established by Article 11, Design Standards.

Recommendations. The Board of Public Works and Safety shall make recommendations regarding:

1. Vacation of right-of-way; and

2. Widening, altering, relocation, and construction of streets and highways.

Approvals. The Board of Public Works and Safety shall decide the following types of applications for development approval:

1. Floodplain permits for:

   1. Accessory uses;

   2. Fill

2. Deviations from the terms of Division 4.500, Floodplain and Wetland Standards.

3. Deviations from the Official Intermodal Transportation Plan (see Section 8.202, Official Intermodal Transportation Plan)

4. Construction plans and surety for subdivisions, including Planned Unit Developments.

5. Location of signs in the public right-of-way.

6. Waivers from the requirements of Article 7, Stormwater Management.

Appeals. The Board of Public Works and Safety shall hear and decide appeals from final decisions of the City Engineer.

Acceptance of Improvements. The Board of Public Works and Safety shall determine whether public improvements meet City standards, and the chair of the Board shall sign approved secondary plats to accept easements and rights-of-way on behalf of the City.

1. The mayor.
2. Two persons appointed by the mayor.
3. The City Clerk-Treasurer is the clerk of the Board.

1. Must be residents of the City of Valparaiso; and
2. May hold other appointive or elective positions in City government.

1. The appointment was made on or after the date of the general election and:
   1. The prior mayor was a candidate for nomination as a party's candidate for election to the office of executive at the primary election held during the last year of the prior mayor's term of office and the prior mayor was not nominated at that election; or
   2. The prior mayor was a candidate for another term of office as mayor at the general election held during the last year of the prior mayor's term of office and the prior mayor was not elected to another term of office at that election; and
2. If the mayor notifies the appointee of the removal and sends a written statement of the reasons for the removal to the City Common Council.

1. A person appointed by the mayor to fill a vacancy caused by a removal under subsection E serves the remainder of the unexpired term of the appointee removed from office under subsection E.
2. If the term of a member of the Board of Public Works and Safety who was appointed by the mayor expires and the mayor does not make an appointment to fill the vacancy, the member may continue to serve on the board for only 60 days after the expiration date of the member's term.

1. The Board of Public Works and Safety is authorized to adopt and publish rules for the conduct of its meetings.
2. If no rules are adopted, then the most current edition of Robert's Rules of Order shall control.
3. Failure to conform strictly to Robert's Rules of Order shall not be grounds for appeal if the failure had no material effect on the merits of the decision.

1. Supervise, and make rules for, the administration of the affairs of the Board;
2. Prescribe uniform rules pertaining to investigations and hearings;
3. Keep a complete record of all proceedings.

Approvals. The Board of Zoning Appeals shall decide the following types of applications for development approval:

1. Special use permits;

2. Variances of use; and

3. Variances of development standards.

Appeals. The Board of Zoning Appeals shall decide the following types of appeals:

1. Any order, requirement, decision, or determination made by an administrative official, hearing officer, or staff member under this UDO;

2. Any order, requirement, decision, or determination made by an administrative board or other body except the Plan Commission in relation to the enforcement of the UDO; or

3. Any order, requirement, decision, or determination made by an administrative board or other body except a Plan Commission in relation to the enforcement of an ordinance requiring the procurement of an occupancy permit.

Employees. The Board of Zoning Appeals may appoint a secretary and such employees as are necessary for the discharge of its duties.

1. Three citizen members, appointed by the mayor, of whom:
   1. One must be a member of the Plan Commission; and
   2. Two must not be members of the Plan Commission.
2. One citizen member appointed by the City Common Council, who must not be a member of the Plan Commission.
3. One member appointed by the Plan Commission from the Plan Commission's membership, who must:
   1. Be a county agricultural agent; or
   2. A citizen member of the Plan Commission other than the member appointed under subsection A.1.

1. None of the members of the Board of Zoning Appeals may hold other elective or appointive office in municipal, county, or state government, except as provided in this subsection.
2. All members must be residents of the City of Valparaiso.
3. Members are eligible for reappointment.

1. Members of the Board of Zoning Appeals who are serving as of the effective date of this UDO shall serve the duration of their appointed terms.
2. When an initial term of office expires, each new appointment is for a term of four (4) years.
3. Terms expire on the first Monday of January. However, members serve until a successor is appointed and qualified.

1. The appointing authority may remove a member from the Board of Zoning Appeals for cause.
2. The appointing authority must mail notice of the removal, along with written reasons for the removal, to the member at his residence address.
3. A member who is removed may, within 30 days after receiving notice of the removal, appeal the removal to the circuit or superior court of Porter County.

1. The fact that a regular member has such a disqualification; and
2. The name of the alternate member, if any, who participates in the hearing or decision in place of the regular member.

1. A quorum consists of a majority of the entire membership of the board of zoning appeals.
2. Action of the board of zoning appeals is not official, unless it is authorized by a majority of the entire membership of the Board.

1. Special meetings of the Board of Zoning Appeals may be scheduled at the discretion of the Board:
   1. At regular meetings; or
   2. Upon request forwarded by the Planning Director, provided that a quorum that includes the president is available on the requested date, and the meeting is scheduled at least fifteen days in advance so that public notice may be given.
2. The secretary shall send to all members, at least three days before the special meeting, a written notice fixing the time and place of the meeting. However, written notice of a special meeting is not required if:
   1. The date, time, and place of the special meeting are fixed during a regular meeting; and
   2. All members of the Board Zoning Appeals are present at that regular meeting.

1. Special meetings of the Board of Zoning Appeals may be called by the chair or by two members of the Board upon written request to the secretary.
2. The secretary shall send to all members, at least three days before the special meeting, a written notice fixing the time and place of the meeting. However, written notice of a special meeting is not required if:
   1. The date, time, and place of the special meeting are fixed during a regular meeting; and
   2. All members of the Board of Zoning Appeals are present at that regular meeting.

1. Members of the Tree Advisory Board shall serve staggered terms, as follows:
   1. Two members of the Tree Advisory Board shall have an initial term of one year;
   2. Two members shall have an initial term of two years; and
   3. One member shall have a term of three (3) years.
2. Subsequent thereto the term for members of the Tree Advisory Board shall be three years.
3. For purposes of appointment terms shall begin on January 1 and end on December 31 at the end of the term.
4. Members of the Tree Advisory Board as of the effective date of this UDO shall continue their terms as appointed.

1. The Planning Director shall administer and enforce, or share in the administration and enforcement of, the provisions of this UDO.
2. The Planning Director shall provide input regarding the issuance and release of Building Permits, Site Permits, and Occupancy Permits.
3. The Planning Director shall have the authority to enter property to make inspections, as required to carry out necessary administration and enforcement.

1. Zoning clearance.
2. Minor PUD modifications.
3. Limited Use permits.
4. Development Plans.
5. Applications subject to Division 11.400, Eastgate Overlay District Standards.

1. The Building Commissioner and/or designee, shall share in the administration and enforcement of all of the Articles of this UDO.
2. The Building Commissioner shall have the authority to grant or deny Building Permits and/or Occupancy Permits and to enter property to make inspections necessary for the administration and enforcement of this UDO.

1. City Planner;
2. Assistant City Planner;
3. City Engineer;
4. Building Commissioner;
5. A representative of the Fire Department;
6. A representative of the Plan Commission; and
7. Representatives from other City Departments that are interested in development plans, or whose expertise contributes to the review of site plans.

1. Landscape plans; and
2. Primary plats.

1. The Site Review Committee may, as a condition to the issuance of any building permit, require a site review for any proposed development that meets any one of the following conditions:
   1. More than one principal structure is proposed on the parcel proposed for development;
   2. Any structure other than a single-family detached residence is scheduled for development, redevelopment, or expansion;
   3. A change of use of any part of an existing building is proposed;
   4. A lot or tract is being divided into two or more lots; or
   5. Any member of the Site Review Committee recommends Site Review Committee review of an application which presents unusual issues.
2. The Site Review Committee shall review and approve, approve with conditions, or deny all applications for:
   1. Site review in signature overlay districts pursuant to Division 12.300, Signature Overlay District Standards.
   2. Parking reductions pursuant to Section 9.202, Calculation of Required Parking Spaces, Section 9.203, On-Street Parking and Public Lot Credit, and Section 9.205, Mixed Uses and Shared Parking;
   3. Waivers to sidewalk requirements pursuant to Section 8.213, Sidewalks; and
   4. Incentives pursuant to Section 8.214, Bicycle Routes, Lanes, Paths, and Trails, subsection E.

1. Review all floodplain development permits to assure that the permit requirements of this section have been satisfied;
2. Inspect any inventory damaged structures in SFHA and complete substantial damage determinations;
3. Ensure that construction authorization has been granted by the Indiana Department of Natural Resources for all development projects subject to Sec. 4.503 (E) and (G)(1) of this UDO, and maintain a record of such authorization (either copy of actual permit or floodplain analysis/regulatory assessment);
4. Ensure that all necessary federal or state permits have been received prior to issuance of the local floodplain development permit. Copies of such permits are to be maintained on file with the floodplain development permit;
5. Notify adjacent communities and the State Floodplain Coordinator prior to any alteration or relocation of a watercourse, and submit copies of such notifications to FEMA;
6. Maintain for public inspection and furnish upon request local permit documents, damaged structure inventories, substantial damage determinations, regulatory flood data, SFHA maps, Letters of Map Amendment (LOMA), Letters of Map Revision (LOMR), copies of DNR permits and floodplain analysis and regulatory assessments (letters of recommendation), federal permit documents, and "as-built" elevation and floodproofing data for all buildings constructed subject to this section;
7. Utilize and enforce all Letters of Map Revision (LOMR) or Physical Map Revisions (PMR) issued by FEMA for the currently effective SFHA maps of the community;
8. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished;
9. Verify and record the actual elevation of the lowest floor (including basement) of all new or substantially improved structures, in accordance with Sec. 15.704(B), Floodplain Development Permit; 
10. Verify and record the actual elevation to which any new or substantially improved structures have been floodproofed, in accordance with Sec. 15.704(B), Floodplain Development Permit; 
11. Review certified plans and specifications for compliance;
12. Stop work orders.
13. Upon notice from the Floodplain Administrator, work on any building, structure or premises that is being done contrary to the provisions of this section shall immediately cease.
14. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed.