The purpose of establishing processes and permits is to allow for the orderly enforcement of the Zoning Ordinance and provide for due process.

The City of Whiting requires that an application be submitted for the following petitions and permits:

a.

Petitions.

(1)

Variance of Use.

(2)

Variance of Development Standards.

(3)

Special Exception.

(4)

Administrative Appeal.

(5)

Zoning Map and Text Amendment.

(6)

Planned Unit Development.

(7)

Development Plan Review, see Section 7.0.

b.

Permits.

(1)

Improvement Location Permit.

(2)

Certificate of Zoning Compliance.

(3)

Home Occupancy Permit (Type I or II).

c.

Application Materials. All applications for petitions and permits may be obtained from the Zoning Administrator. All petitions and permits must be submitted to the Zoning Administrator or Whiting Clerk-Treasurer. All permits will have an applicable fee, found in the Rules of Procedure, to cover the costs of administration. Fees must be paid at the time petition(s) and/or permit(s) are submitted.

(1)

Forms. All applications shall be made on forms provided by the Zoning Administrator. All petitioners and permit applicants must submit original applications that are completed in ink or typed. All applications must be signed and dated by the applicant.

(2)

Materials. All submissions must include the original application and all necessary attachments as required by the Zoning Administrator and this Ordinance. All submissions that do not contain all required materials will be deemed incomplete and returned to the petitioner or applicant.

(3)

Fees. The Plan Commission shall maintain the official schedule of fees, charges, and expenses and a collection procedure for permits, appeals, and other petitions pertaining to this Ordinance. The schedule of fees shall be available to the public in the office of the Clerk-Treasurer and may be altered or amended only by resolution of the City Council.

d.

Until all applicable fees, charges, and expenses have been paid in full, no final action shall be taken on any permit, application, appeal, or petition.

e.

Any person or persons who shall initiate construction of a structure prior to obtaining an Improvement Location Permit or any other required permit shall pay twice the amount of the current permit fee as established by the City Council.

(1)

Scheduling. Petitions and permit applications will be scheduled by the Zoning Administrator for the appropriate public hearings based upon:

i.

The Zoning Administrator deems the application complete; and

ii.

The filing and hearing dates set by the calendars of either the Plan Commission or the Board of Zoning Appeals, whichever is the appropriate body for the hearing.

A Variance of Use is a modification of the strict terms of the relevant regulations of this Ordinance. All variances of use are subject to the recommendation of the Board of Zoning Appeals and the approval of the City Council. The following procedure shall apply to all variance of use petitions:

a.

To be eligible for the granting of a variance under this section, a person must first receive a determination from the Zoning Administrator that a variance is required for the intended use or for the expansion, extension, or enlargement of a use. The Zoning Administrator shall file a report of determination (in a form prescribed by the Board of Zoning Appeals) with the Plan Commission. The Plan Commission shall determine how the granting of the variance would affect the purposes served by this Ordinance in furtherance of the Comprehensive Plan. Within thirty (30) days of the date on which it received the application, the Plan Commission shall report its determination to the Board of Zoning Appeals, for recommendation by it as authorized.

b.

A variance from the terms of this Ordinance shall not be granted by the City Council unless and until a written application for a variance is submitted to the Zoning Administrator and a recommendation is received from the Board of Zoning Appeals containing:

(1)

Name, address, and phone number of applicant;

(2)

Legal description of the property;

(3)

Description of nature of variance requested; and

(4)

A narrative statement addressing the following applicable criteria:

i.

The strict application of the terms of the Zoning Ordinance will constitute an unusual and unnecessary hardship as applied to the property for which a variance is sought;

ii.

The need for the variance arises from such condition peculiar to the property involved and does not exist in similar property in the same zone;

iii.

The use or value of the area adjacent to the property included n the variance will not be adversely affected; and

iv.

The variance will not be injurious to the public health, safety, morals, and general welfare of the City.

c.

The Board of Zoning Appeals may recommend a variance of use of the Zoning Ordinance to the City Council for approval if, after a public hearing on the application, it makes findings of facts 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 will not be affected in a substantially adverse manner.

(3)

The need for the variance 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 is sought.

(5)

The approval does not interfere substantially with the comprehensive plan adopted by the City, per IC 36-7-4-500 series

d.

If the City Council grants the variance, it shall direct the applicant to apply for an Improvement Location Permit. If such application complies with this Ordinance and all other applicable codes or ordinances, the Zoning Administrator shall issue the Improvement Location Permit for the use authorized by variance.

e.

The Board of Zoning Appeals and/or City Council may permit or require the owner of a parcel of property to make written commitment concerning the use or development of that parcel or may impose conditions upon that grant of variance.

f.

A variance granted by City Council shall run with the parcel until such time as (1) the use of the variance ends, or (2) the property conforms to the Ordinance as written.

g.

Where an owner has failed to comply with any condition permitted or required by the grant of variance, the Board of Zoning Appeals may authorize such action as it may deem appropriate to obtain compliance by the owner with the condition or commitment of the grant, or with the terms of this Ordinance in the same manner as if the variance had not been granted.

h.

The Board of Zoning Appeals shall file a petition to the City Council with a favorable recommendation, unfavorable recommendation, or no recommendation to approve or deny all variances.

(1)

The City Council shall vote on the petition within ninety (90) days after the Board of Zoning Appeals makes its recommendation.

(2)

If the City Council does not vote to deny a petition within ninety (90) days, the petition is considered approved.

A Variance of Development Standards is a modification of the strict terms of the relevant regulations of this Ordinance. All variances are subject to the approval of the Board of Zoning Appeals. The following procedure shall apply to all variance petitions:

a.

To be eligible for the granting of a variance under this section, a person must first receive a determination from the Zoning Administrator that a variance is required for the intended use or for the expansion, extension, or enlargement of a use. The Zoning Administrator shall file a report of determination (in a form prescribed by the Board of Zoning Appeals) with the Plan Commission. The Plan Commission shall determine how the granting of the variance would affect the purposes served by this Ordinance in furtherance of the Comprehensive Plan. Within thirty (30) days of the date on which it received the application, the Plan Commission shall report its determination to the Board of Zoning Appeals, for action by it as authorized. If the Board of Zoning Appeals grants the variance, it shall direct the applicant to apply for an Improvement Location Permit. If such application complies with this Ordinance and all other applicable codes or ordinances, the Zoning Administrator shall issue the Improvement Location Permit for the use authorized by variance.

b.

A variance from the terms of this Ordinance shall not be granted by the Board of Zoning Appeals unless and until a written application for a variance is submitted to the Zoning Administrator and the Board of Zoning Appeals containing:

(1)

Name, address, and phone number of applicant;

(2)

Legal description of the property;

(3)

Description of nature of variance requested; and

(4)

A narrative statement addressing the applicable criteria:

i.

The strict application of the terms of the Zoning Ordinance will constitute an unusual and unnecessary hardship as applied to the property for which a variance is sought;

ii.

The need for the variance arises from such condition peculiar to the property involved and does not exist in similar property in the same zone;

iii.

The use or value of the area adjacent to the property included in the variance will not be adversely affected; and

iv.

The variance will not be injurious to the public health, safety, morals, and general welfare of the City.

c.

The Board of Zoning Appeals may grant a variance from the development standards (such as height, bulk, area) of the Zoning Ordinance if, after a public hearing on the application, it makes findings of facts 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 will not be affected in a substantially adverse manner;

(3)

The strict application of the terms of the Zoning Ordinance will result in practical difficulties in the use of the property; and

(4)

This variance is the minimum necessary and does not correct a hardship caused by the property owner, previous or present.

d.

Before approval of a proposal involving a tall structure regulated under IC 8-21-10 may become effective, the board of zoning appeals must have received:

(1)

A copy of the permit for the structure issued by the Indiana Department of Transportation or the Determination of No Hazard to Air Navigation issued by the Federal Aviation Administration; and

(2)

Evidence that notice was delivered to a public use airport as required in IC 8-21-10-3 not less than sixty (60) days before the proposal is considered.

e.

If the Board of Zoning Appeals grants the variance, it shall direct the applicant to apply for an Improvement Location Permit. If such application complies with this Ordinance and all other applicable codes or ordinances, the Zoning Administrator shall issue the Improvement Location Permit for the use authorized by the variance.

f.

The Board of Zoning Appeals may permit or require the owner of a parcel of property to make written commitment concerning the use or development of that parcel or may impose conditions upon that grant of variance. A variance granted by the Board of Zoning Appeals shall run with the parcel until such time as (1) the use of the variance ends, or (2) the property conforms to the Ordinance as written.

g.

Where an owner has failed to comply with any condition permitted or required by the grant of variance, the Board of Zoning Appeals may authorize such action as it may deem appropriate to obtain compliance by the owner with the condition or commitment of the grant, or with the terms of this Ordinance in the same manner as if the variance had not been granted.

h.

The Board of Zoning Appeals shall approve or deny all variances. The procedures stated in the Rules of Procedures for the Board of Zoning Appeals shall apply to all Board of Zoning Appeals hearings.

A Special Exception Petition is filed to ask for allowance on a use which may be allowed within a particular district contingent upon recommendation from the Board of Zoning Appeals and approval from the City Council because of its special nature. The following procedure applies to special exception petitions:

a.

Only the special uses listed in the appropriate zoning district may be considered for approval as a special exception. Approval of the special exception shall run with the property; however, approval of the special exception shall be voided if the use is discontinued or abandoned for more than one (1) year. Any change to a special exception shall require a new petition and hearing.

b.

The granting of a special exception is unnecessary for a use if that use existed on the date this Ordinance, or pertinent amendments to it, were passed. However, this subsection shall not authorize the expansion of such a use if it involves the enlargement of a building, structure, or land area. A use authorized by special exception may not be expanded, extended, or enlarged unless reauthorized by the Board of Zoning Appeals under the procedures set forth herein for the granting of a special exception. A special exception granted for a specific use ceases to be authorized and is void if that use is not established within a twelve (12) month period of the date the special exception was granted, or if that use is discontinued at that site for a twelve (12) month period during which time it is not succeeded by the same use specifically authorized as a special exception.

c.

To be eligible for the granting of a special exception under this section, a person must first receive a determination from the Zoning Administrator that a special exception is required for the intended use or for the expansion, extension, or enlargement of a use. The Zoning Administrator shall file a report of determination (in a form prescribed by the Board of Zoning Appeals) with the Plan Commission. The Plan Commission shall determine how the granting of the special exception would affect the purposes served by this Ordinance in furtherance of the Comprehensive Plan. Within thirty (30) days of the date on which it received the application, the Plan Commission shall report its determination to the Board of Zoning Appeals, for recommendation by it as authorized. Upon receipt of the Plan Commission's determination, the Board of Zoning Appeals shall schedule a public hearing as described in the Rules of Procedure. Within ninety (90) days of the date on which the City Council received the recommendation from the Board of Zoning Appeals, the City Council shall vote on the petition. If the City Council grants the special exception, it shall direct the applicant to apply for an Improvement Location Permit. If such application complies with this Ordinance and all other applicable codes or ordinances, the Zoning Administrator shall issue the Improvement Location Permit for the use authorized by special exception.

d.

A special exception shall not be granted by the Board of Zoning Appeals unless and until a written application for a special exception is submitted to the Zoning Administrator and the Board of Zoning Appeals containing:

(1)

Name, address, and phone number of applicant; owner of the property; and any person(s) holding options on the purchase of the property for the intended special use.

(2)

Legal description of the property with common address of the property being considered;

(3)

Description of proposed special use and all accessory uses or structures, with square footage and height listed;

(4)

A narrative statement addressing the applicable criteria:

i.

The strict application of the terms of the Zoning Ordinance will constitute an unusual and unnecessary hardship as applied to the property for which a special exception is sought;

ii.

The need for the special exception arises from such condition peculiar to the property involved and does not exist in similar property in the same zone;

iii.

The use or value of the area adjacent to the property included in the special exception will not be adversely affected; and

iv.

The special exception will not be injurious to the public health, safety, morals, and general welfare of the City.

(5)

Current zoning of the property.

(6)

Required number of parking spaces and number of spaces provided.

(7)

A site plan drawn to scale or with sufficient dimensions labeled to determine size, showing at least the following: property lines, surrounding streets and alleys, surrounding land uses, location of all existing and proposed buildings and uses, location of parking and drive areas, building and parking setbacks, utilities, and any landscaped or buffer areas.

e.

Procedure. There shall be no cases or application therefore, nor any particular situation in which this Ordinance authorizes special exceptions without an advisory recommendation by the Plan Commission, recommendation from the Board of Zoning Appeals, and approval of the Whiting City Council. Further, no previous applications shall set a precedent for any other application before the Board of Zoning Appeals.

(1)

Upon receipt of an application for special exception, the Zoning Administrator shall refer the application to the Board of Zoning Appeals for public hearing. A copy of the application shall be referred concurrently to the Plan Commission. The Plan Commission shall provide the Board of Zoning Appeals with a written advisory recommendation for the special exception to ensure the proposal is in coordination with the Comprehensive Plan. The Plan Commission must return their report of findings to the Zoning Administrator within ten (10) days after they receive the application. The Zoning Administrator shall report the findings to the Board of Zoning Appeals prior to the scheduled hearing of the Board of Zoning Appeals.

(2)

The Board of Zoning Appeals shall file a petition to the City Council with a favorable recommendation, unfavorable recommendation, or no recommendation if and only if:

i.

The proposed use conforms to the provisions of the district in which it will be located and all general regulations of this Ordinance.

ii.

The proposed use shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons.

iii.

The proposed use shall be sited, oriented, and landscaped and lit so that the relationship of its buildings and grounds to adjacent buildings and properties does not impair health, safety, or comfort, and does not adversely affect values of adjacent properties.

iv.

The proposed use shall produce a total environmental impact that is consistent with, and not harmful to, the environment of the neighborhood.

v.

The proposed use shall organize vehicular access and parking to minimize conflicting traffic movement on adjacent streets.

vi.

The proposed use shall promote the objectives of this Ordinance and shall be consistent with the Comprehensive Plan.

(3)

The City Council shall vote on the petition within ninety (90) days after the Board of Zoning Appeals makes its recommendation.

(4)

If the City Council does not vote to deny the petition within ninety (90) days, the petition is considered approved.

f.

Conditions. The Board of Zoning Appeals and/or the City Council may impose reasonable conditions as part of its recommendation and/or approval as it deems necessary to protect the public health, and for reasons of safety, comfort, and convenience. All special exceptions are subject to the development standards for the Whiting Subdivision Regulations if deemed necessary by the Board of Zoning Appeals.

g.

Written Commitments. The Board of Zoning Appeals and/or City Council may permit or require the owner of the parcel of property to make a written commitment concerning the use or development of the parcel as specified under IC 36-7-4-921.

h.

Findings. The findings of the Board of Zoning Appeals, its recommendation to the City Council, and the City Council's final order shall be submitted to the Zoning Administrator in writing. The City Council shall direct the Zoning Administrator to either issue an Improvement Location Permit for the special exception or reject the application.

i.

Delay. Any person who is issued an Improvement Location Permit for a special exception must begin construction within nine (9) months after the permit is issued; complete the special exception within seven (7) years after such construction has begun; and conform to the provisions of any restrictions or conditions which the Board of Zoning Appeals and/or the City Council imposed in conjunction with approval of the special exception upon the basis of which the Improvement Location Permit was issued. Persons failing to do so may be required by the Board of Zoning Appeals upon written petition of any person, to show cause why such approval should not be withdrawn and such Improvement Location Permit revoked.

j.

Alteration, Change, Amendment, or Expansion. The holder of an Improvement Location Permit for a special exception may apply to the Board of Zoning Appeals at any time for an alteration, change, amendment, or extension of the application or use upon which such permit was based.

(1)

Upon receipt of the application, the Board of Zoning Appeals shall proceed as in the case of original application for a special exception.

(2)

The Board of Zoning Appeals shall provide a favorable recommendation, unfavorable recommendation, or no recommendation to the City Council, who shall approve or deny and order the application or use changed, altered, amended, or extended. The City Council shall notify the Zoning Administrator, who shall issue an amended Improvement Location Permit.

(3)

The Board of Zoning Appeals and/or City Council may impose any additional reasonable requirements or conditions including, but not limited to, establishing building setback lines and lot sizes for a special exception use, if, in the Board of Zoning Appeals or City Council's judgment, additional requirements or conditions are necessary for the protection of the public health, safety, comfort, and convenience.

If during the development review process an error is alleged in any order, requirement, decision, or determination made by an administrative officer (staff), an administrative appeal may be filed by any person affected by the decision with the Board of Zoning Appeals. The Board of Zoning Appeals may determine the standing of the affected person. The following procedure shall apply to all appeals of administrative decisions:

a.

A petition for an administrative appeal must be filed with the Zoning Administrator within thirty (30) calendar days of the interpretation decision. The petition must consist of at least the following:

(1)

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

(2)

Copies of any written decisions which are the subject of the appeal.

(3)

A letter describing the reasons for the appeal noting specific sections of this Ordinance, Indiana Code, or other standards applicable to the City upon which the appeal is based.

b.

After receipt of the petition, the Zoning Administrator will schedule a hearing with the Board of Zoning Appeals within sixty (60) days of receipt of said petition. If construction is taking place in regard to any project affected by the petition, all construction must cease and not be resumed until approval by the Board of Zoning Appeals.

c.

The Board of Zoning Appeals will hear the petition and make a decision on the merits of the petition based upon the investigation of facts bearing on the application whether action taken by the administrative officer (staff) is in accordance with the rules and procedures of the Whiting Zoning Ordinance, other applicable ordinances, and Indiana Code.

d.

The Board of Zoning Appeals shall approve or deny all requests for administrative appeals. The procedures stated in the Rules of Procedures for the Board of Zoning Appeals shall apply to all Board of Zoning Appeals hearings.

A Zoning Map Amendment Petition is a request to change the zoning designation of a particular parcel or parcels. The Plan Commission shall approve or deny all zoning amendments. The procedures stated in the Rules of Procedures for the Plan Commission shall apply to all Plan Commission hearings.

a.

Zoning Text. The following procedure, in accordance with IC 36-7-4-602, applies to a proposal to amend or partially repeal the text of the Zoning Ordinance:

(1)

The proposal may be initiated by either:

i.

The City Council; or

ii.

The Plan Commission.

(2)

The Plan Commission shall give notice of a public hearing in accordance with the Plan Commission Rules of Procedure.

(3)

The Plan Commission shall schedule a public hearing within sixty (60) days after a petition is received. The hearing shall be held in accordance with the Plan Commission Rules of Procedure.

(4)

Within ten (10) business days after the Plan Commission determines its recommendation, the Plan Commission shall certify the proposal to the City Council with a favorable, unfavorable, or no recommendation (IC 36-7-4-605).

(5)

The City Council shall vote on the proposal within ninety (90) days after the Plan Commission certified their recommendation. The City Council may adopt, reject, or amend the text amendment proposal in accordance to IC 36-7-4-607.

(6)

Amendments adopted by the City Council shall become effective upon adoption.

b.

Zoning Map. The following procedure, in accordance with IC 36-7-4-602, applies to a proposal to change the zone maps (whether by incorporating an additional map or by amending or deleting a map) incorporated by reference into the ordinance:

(1)

Petitions for Zoning Map Amendments may be initiated either by the Plan Commission or City Council or through a petition signed by property owners of at least 50 percent of the land involved.

(2)

Responsibility for preparing the petition is as follows:

i.

The Plan Commission shall prepare the petition for zoning map amendment if the Plan Commission or the City Council have initiated the petition. The Zoning Administrator shall serve as the representative of the petitioner for such proposals.

ii.

Any property owner(s) requesting a zoning map amendment shall be the petitioners and assume responsibility of the petitioner for preparing application materials.

c.

Applications for map amendments to the Zoning Ordinance shall contain the following information:

(1)

Name, address, and phone number of applicant;

(2)

Proposed amending Ordinance, approved as to form by the City Attorney;

(3)

A statement on how the proposed amendment relates to the Comprehensive Plan, and

(4)

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

i.

A site plan drawn to scale, or with sufficient dimensions labeled to determine size, showing, at a minimum, all existing and proposed structures, setbacks, easements, rights-of-way, floodplains, and any other features relevant to the petition.

ii.

A vicinity map showing the use and zoning of all properties within one thousand (1,000) feet of the property in question.

iii.

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 being made by the petitioner.

d.

The application materials shall be reviewed by the Zoning Administrator. The petitioner(s) and any representative of the petitioner(s) shall be present during the review to answer questions regarding the petition. Any revisions to the application materials or the proposal requested by the Zoning Administrator shall either be addressed during the review meeting or through revised application materials submitted prior to the Plan Commission hearing. All revised submittals shall be submitted to the Zoning Administrator in a timely manner, consistent with the Plan Commission's calendar of meeting and filing dates.

e.

Notification for the scheduled public hearing regarding the rezoning petition shall be completed consistent with the Rules of Procedure.

f.

The public hearing shall be scheduled consistent with the adopted calendar of filing and meeting dates (no later than sixty (60) days following the receipt of the application, per IC 36-7-4-608). Procedures for the public hearing shall be consistent with the Plan Commission Rules of Procedures.

g.

Within ten (10) business days after the Plan Commission determines its recommendation, the Plan Commission shall certify the proposal to the City Council with a favorable, unfavorable, or no recommendation (IC 36-7-4-608).

h.

The City Council shall vote on the proposal within ninety (90) days after the Plan Commission certifies their recommendation, either to adopt or deny the recommendation of the Plan Commission (IC 36-7-4-608).

i.

Amendments adopted by the City Council shall become effective upon adoption unless otherwise specified in the amendment.

No building or other structure shall be erected, moved, added to, or structurally altered without an Improvement Location Permit issued by the Zoning Administrator in accordance with Plan Commission policies and procedures. No Improvement Location Permit shall be issued by the Zoning Administrator except in conformity with the provisions of this Ordinance, unless by written order from the Board of Zoning Appeals in the form of an administrative appeal review, special exception, or variance as provided by this Ordinance.

a.

Process. The following procedure shall apply to all Improvement Location Permits:

(1)

The City of Whiting hereby requires that an Improvement Location Permit be obtained for the following:

i.

All residential dwellings.

ii.

All commercial, industrial, and institutional buildings.

iii.

Accessory buildings over one hundred (100) square feet in area.

iv.

Detached and attached garages and carports over one hundred (100) square feet in area.

v.

Mini-barns or storage sheds over one hundred (100) square feet in area.

vi.

Enclosed patios.

vii.

Bath houses.

viii.

Gazebos.

ix.

Cabanas.

x.

Green houses.

xi.

Retaining walls.

xii.

Sidewalks.

xiii.

Decks, porches, or patios greater than eighteen (18) inches off the ground.

xiv.

Structures other than buildings (excluding home antennas under thirty (30) feet or satellite dishes).

xv.

Conversions of occupancy classification (as per State Building Code).

xvi.

Manufactured or mobile homes.

xvii.

Parking lots and driveways, excluding municipal.

xviii.

Any exterior construction that adds to or alters the existing house structure.

xix.

Commercial awnings.

(2)

All buildings or structures not required to obtain an Improvement Location Permit must not encroach upon designated floodplains, easements, public right-of-way, or other non-buildable areas.

(3)

No Improvement Location Permit shall be issued until the appropriate fees have been paid to the Plan Commission Office in accordance with those established in the Rules of Procedure.

(4)

No Improvement Location Permit shall be issued until all other permits, except building permits, are obtained in accordance with this Ordinance. Verification of proper documentation for those permits must be provided to the Zoning Administrator prior to the issuance of an Improvement Location Permit.

(5)

Permits required under WMC Chapter 7.5 Flood Ordinance must be obtained prior to any other issuance of a permit to ensure that development conforms to regulations set forth in WMC Chapter 7.5 Flood Ordinance.

(6)

No Improvement Location Permit shall be issued by the Zoning Administrator or its staff except in conformity with the provisions of this Ordinance, unless by written order from the Board of Zoning Appeals in the form of an administrative appeal review, special exception, or variance as provided by this Ordinance.

(7)

The City of Whiting hereby requires that a formal petition and filing fee be submitted for the following:

i.

Zoning Amendments (zoning map change).

ii.

Variances (dimensional or use).

iii.

Special Exceptions.

iv.

Subdivision Plats.

v.

Administrative Appeals.

vi.

Non-Subdivided Site Development Plans.

(8)

Any petition submitted to the Plan Commission or the Board of Zoning Appeals shall contain, in addition to the legal description of said property, a statement of the common address or general location description, whichever is appropriate, as well as a site location map showing the precise boundary lines and dimensions thereof.

(9)

All applications for Improvement Location Permits shall be accompanied by plans accurately drawn, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the Zoning Administrator to determine conformance with and provide for the enforcement of this Ordinance, including: existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and building setback distances from property lines. The Zoning Administrator shall endeavor to review and make a determination on all permit applications within a reasonable period of time of filing. The approved plans shall be retained by the Zoning Administrator.

(10)

Expiration of Permits:

i.

Initiation of Work. If the work described in any Improvement Location Permit has not begun within ninety (90) days from the date of issuance thereof, said permit shall expire; it shall be cancelled by the Zoning Administrator, and written notice thereof shall be given to the persons affected. The Zoning Administrator may give a one-time extension for up to ninety (90) days for work initiation.

ii.

Completion of Work. If the work described in any Improvement Location Permit has not been completed within one (1) year of the date of issuance thereof, said permit shall expire and be cancelled by the Zoning Administrator and written notice thereof shall be given to the persons affected, together with notice that future work as described in the cancelled permit shall not proceed unless and until a new Improvement Location Permit has been obtained. The Zoning Administrator may give a one-time extension for up to six (6) months for work completion.

(11)

When a development plan is required, an Improvement Location Permit shall not be issued until the Plan Commission approves a final development plan and all conditions are met.

(12)

The Zoning Administrator may approve Improvement Location Permits that meet all applicable requirements of this Ordinance and do not require site plan review. If a permit is approved, the Zoning Administrator shall:

i.

Forward a copy of the complete application to the Plan Commission or Building Commissioner.

ii.

All approved plans submitted to the Zoning Administrator shall be retained by Office of the Clerk Treasurer as public record and become property of the City of Whiting.

(13)

If the Zoning Administrator does not approve a location permit, the Zoning Administrator shall:

i.

Provide written reason to the applicant on why the Improvement Location Permit was denied, citing appropriate sections of applicable law used as the basis for denying the application; and

ii.

Provide the applicant with appropriate information on their due process rights and how to appeal the Zoning Administrator's ruling.

(14)

Improvement Location Permits issued on the basis of plans and applications approved by the Zoning Administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications. Any other use, arrangement, or construction not authorized shall be deemed as a violation of this Ordinance.

(15)

The Plan Commission shall approve or deny all Improvement Location Permits requiring Development Plan Review and Planned Unit Developments. The procedures stated in the Rules of Procedures for the Plan Commission shall apply to all Plan Commission hearings.

The Notice of Abandonment is a document issued by the Zoning Administrator if a building or structure larger than two hundred (200) square feet or a small wind energy conversion system is determined abandoned or vacant.

a.

The Zoning Administrator shall have the right to determine if a building is considered vacant or abandoned based on evidence satisfactory to the Plan Commission, including but not limited to:

(1)

Actual removal, minimal consumption or disconnection of equipment, furniture, machinery, structures, or other components of the use;

(2)

The turning-off of the previously connected utilities;

(3)

Lack of business receipts/records available to provide evidence that the use is in continual operation, where applicable;

(4)

Lack of active lease agreements available to provide evidence that the use is in continual operation, where applicable;

(5)

Visual observance;

(6)

Interviews or statements obtained from surrounding property owners; or

(7)

For instances of small wind energy conversion system the system is out-of-service for a continuous twelve (12) month period.

(8)

Any other additional criteria set forth by the Plan Commission.

b.

The Zoning Administrator or other designee of the Plan Commission shall have the right to inspect the property in question based on the guidelines set forth in Section 9.5 Inspection of Property—Right of Entry

c.

The Zoning Administrator shall issue a Notice of Abandonment to the owner of the structure that is deemed to have been abandoned.

d.

The Owner shall have the right to respond in writing to the Notice of Abandonment addressed to the Zoning Administrator within thirty (30) days from Notice receipt date.

(1)

The Zoning Administrator shall withdraw the Notice of Abandonment and notify the owner that the Notice has been withdrawn if the owner provides information that demonstrates to the satisfactory of the Plan Commission that the building, structure, or small wind energy conversion system has not been abandoned.

(2)

If the owner does not provide information that demonstrates to the satisfaction of the Plan Commission that the building, structure, or small wind energy conversion system has not been abandoned, the Zoning Administrator shall provide a letter to the property owner of this determination and remedies the owner must make within ninety (90) days to ensure the property or small wind energy conversion system is not abandoned.

e.

If within ninety (90) days, the remedies outlined from the Zoning Administrator have not been met, the property or small wind energy conversion system may be determined abandoned.

f.

If within forty (40) days of the date of which the Notice of Abandonment was sent, no response has been received from the property owner or other identified party, the property, building and/or structure or small wind turbine shall be deemed abandoned.

g.

Once a structure is deemed abandoned, the structure is in violation of this Zoning Ordinance and loses the status of a legal nonconforming structure based on the Section 4.0 Non-Conforming Uses

(1)

The Zoning Administrator shall have the right to decide if the status of the legal nonconforming structure may remain with the property.

h.

Once a structure is deemed abandoned and loses the status of a legal nonconforming structure based on Section 4.0 of this Ordinance, the City of Whiting has the right to issue a citation based on Section 9.0 Administration and Enforcement.

A Certificate of Zoning Compliance, issued by the Zoning Administrator, shall be obtained prior to the issuance of an Improvement Location Permit. The following procedure applies to all Certificates of Zoning Compliance:

a.

A written request must be submitted to the Zoning Administrator outlining the location of the affected property.

b.

The Zoning Administrator shall produce the Certificate of Zoning Compliance in the form of a written letter within ten (10) days of receiving the written request. The Certificate of Zoning Compliance letter will include:

(1)

Verification of the zoning classification for the piece of property identified in the written request.

(2)

Signature of the Zoning Administrator and date.

Certain types of home occupations can be conducted within a dwelling unit or accessory structure on the resident's premises. Home occupations shall not be permitted except in compliance with this section and other applicable law. Two (2) classes of home occupations are established based on the type and intensity of the home occupation. Accordingly, minimum standards have been established for each class of home occupation in order to assure compatibility of home occupations with other uses permitted in the applicable district and to preserve the character of residential neighborhoods.

a.

Application for Home Occupation. An application for an administrative Permit for a Type I Home Occupation or Special Exception for a Type II Home Occupation shall be signed by all owners and adult residents of the property in question and filed with the Department on forms provided by the Department. The Zoning Administrator shall review the application and classify the proposed Home Occupation as a Type I or Type II based upon:

(1)

The established standards for Type I and Type II Home Occupations found in under District Standards for R-SF, R-MD-SZ and R-HD-SZ.

(2)

General planning and zoning standards established by the Zoning Code.

b.

Approval of a home occupation is not transferable to a location other than that which was approved.

c.

In no case shall a home occupation be open to the public at times earlier than 7:00 a.m. nor later than 9:00 p.m.

d.

All home occupations shall be subject to periodic inspections. Reasonable notice shall be provided to the permittee prior to the time requested for an inspection.

e.

The Zoning Administrator, in the case of an Administrative Permit for a Type I Home Occupation, or the Board of Zoning Appeals in the case of a Special Exception Permit for a Type II Home Occupation, may impose reasonable conditions necessary to protect the public health, safety, and welfare, or to protect against a possible nuisance condition.

f.

Administrative Permits issued by the Zoning Administrator, or Special Exception Permits issued by the Board of Zoning Appeals, may be revoked by the issuing authority for cause after reasonable notice to the permittee and an opportunity for hearing on the matter.

g.

Home occupations shall commence only after the receipt of an Administrative Permit if classified as a Type I, or Special Exception Permit if classified as a Type II.

h.

Permit Review Process. Applications for a home occupation are required according to the District Standards for R-SF, R-MD-SZ and R-HD-SZ.

(1)

Application filed, with authorization from property owner.

(2)

Review of application by Zoning Administrator to determine classification as a Type I or Type II.

(3)

If classified as a Type I:

i.

Zoning Administrator can approve or deny the application.

ii.

If approved, an Administrative Permit for the home occupation shall be issued.

iii.

Zoning Administrator may impose reasonable conditions as part of the approval.

iv.

Applicant may appeal to the Board of Zoning Appeals if application is denied or if conditions are unacceptable. On appeal of a condition(s), appeal must be filed within fourteen (14) days of the date of the Zoning Administrator's approval of the Administrative Permit.

(4)

If classified as a Type II, the application shall be reviewed and treated as a Special Exception request.

(5)

The standards set forth in this section shall be incorporated as minimum conditions of approval.

i.

Enforcement. In the event the Zoning Administrator determines that the operation of any home occupation is in violation of this Section or any permit condition, notice shall be provided to the permittee setting forth a description of the violation, corrective action required, and a date by which such corrective action must be accomplished. The permit may be revoked if not corrected in the manner and by the date specified in the notice in accordance with the revocation procedures applicable to Special Exceptions. In addition, violations of this Section are subject to the penalties provided for in this Ordinance.

The proceedings brought under this Division shall be subject to the procedures of this Ordinance, City Code, Indiana Code, and the adopted Rules and Procedures of the Plan Commission, where not inconsistent with the procedures of this Ordinance.

For all public hearings, the notice shall be provided to the public consistent with the requirements of this Section, Indiana Code (IC 5-3-1) and Rules of Procedure.

The Plan Commission shall maintain the official schedule of fees, charges, and expenses and a collection procedure for permits, appeals, and other petitions pertaining to this Ordinance. The schedule of fees shall be available to the public in the office of the Clerk-Treasurer and may be altered or amended only by resolution of the City Council.

a.

Schedule of Fees. Until all applicable fees, charges, and expenses have been paid in full, no final action shall be taken on any permit application, appeal, or petition.

b.

Any person or persons who shall initiate construction of a structure prior to obtaining an Improvement Location Permit or any other required permit shall pay twice the amount of the current permit fee as established by the City Council.