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Home My Public Portal About04-2017 - ZONING & SUBDIVISION CONTROL k �� f ORDINANCE 2017-4 AN ORDINANCE AMENDING THE TEXT OF THE CITY OF GREENCASTLE, INDIANA ZONING ORDINANCE AND SUBDIVISION CONTROL ORDINANCE WHEREAS,the City of Greencastle(the City)replaced its Zoning Ordinance and Subdivision Control Ordinance February 27,2003; WHEREAS,it is desirable,and in the City's best interest,to amend the Zoning Ordinance as indicated below. NOW THEREFORE be it ordained by the Common Council of the City of Greencastle that it hereby amends the following sections of the Zoning Ordinance to read as follows: ZONING ORDINANCE Section 13.1 General Provisions C. Inspections: Investigations of property may be done by the City Planner either from a right-of- way, or adj acent property(with permission of that property owner),or from the property suspected of a violation once he/she has authorization from the owner,tenant,or occupant of the properly. D. Court Ordered Entry: In the event that the City Planner is denied entry to the subject property, he/she may seek appropriate remedies from the court of jurisdiction for the enforcement of this Ordinance or any other applicable ordinances adopted under state code including a warrant for inspection. E. Responsibility for Violations: Any person, firm or corporation who uses the property in violation of the Ordinance or who knowingly permits another person, firm or corporation to do so shall be deemed to have committed a violation and be responsible for the abatement of said violation and/or the costs of abating or remedying the violation and any possible fines. F. Types of Violations: The following items shall be deemed civil violations,enforceable by the City Planner (fines may be imposed based on the provisions set forth in this Article): Ille�al Structures: The placement, erection,and/or maintenance of a primary structure, sign, accessory structures or any other element determined by the City Planner to not conform to the provisions of this Ordinance including rules,Orders,or other documentation promulgated by the Plan Commission or Board of Zoning Appeals. Ille�al Use: Conducting a use or uses that do not comply with the provisions or explicit intent of this Ordinance; Failure to Obtain a Permit: Failure to obtain an Improvement Location Permit when required by this Ordinance and/or any other permit required by the City or State; Failure to Com�lv with Development Standards: Any failure to comply with the development standards and/or any regulations of the Zoning Ordinance and/or Subdivision Control Ordinance;and � r } Section 13.2 Construction Process Violations A. Stop-Work-Orders: The City Planner or his/her designee may place a Stop-Work-Order on any land/property improvement process as set out below: 1. Procedure:Stop-Work-Orders shall be issued by written letter which shall state the violation and that work or other illegal activity must stop immediately until the matter is resolved. This letter shall be posted in a conspicuous place on the property in question or be delivered/mailed to the owner, developer,property manager,tenant,or occupant. 2. Reasons: Reasons for a Stop-Work-Order include,but are not limited to: a. not complyingwith development standards and/or any regulations ofthe Zoning or Subdivision Control Ordinance; b. not obtaining an Improvement Location Permit prior to the start of construction of any improvement for which such a permit,or any other City/State permit that is required; c. not completing structures or other improvements consistent with any approved Improvement Location Permit, variance, special exception,or other approval; d. not meeting the conditions or commitments of a special exception,variance,or rezoning petition; e. not meeting the conditions of a Site Development Plan, Planned UnitDevelopmentDetailed Plan, or written commitment,which is enforceable by the Plan Commission;or f. illegal use or expansion of use of structures,or structures and land in combination. B. Memorandum of Agreement: The City Planner must meet with the person(s)served the Stop-Work- Order notice within 7 days of any such meeting being requested. A Memorandum of Agreement may be drafted stating the conditions by which construction or action may be resumed. This Memorandum of Agreement must be signed by the owner,contractor/developer, property manager,tenant,and/or occupant that has caused or is responsible for the violation,and the City Planner. Section 13.3 Immediate Public Risk Violations B. Seizure of Materials: Any sign, structure, landscaping or other material which constitutes an immediate public risk violation may be seized by the City Planner in a manner that results in the least amount of practicable damage,under the circumstances,to the material and the property upon which it is located. D. Storage and Retrieval of Seized Materials: The City Planner shall store any sign,structure, landscape materials or other items seized in a secure location for a period of no less than 30 days from the date that the notice was provided to the property owner. The property owner may claim the seized property at any time following the seizure. The City may dispose of the property after 30 days. Section 13.4 Violation Procedures A. General Procedure: There shall be a minimum of a three step procedure for the enforcement of violations. Intermediate steps,including additional notices of violation and extensions of time limits for compliance may be granted by the City Planner at his/her discretion. However, the general procedure for all violations shall be consistent. These minimum steps are as follows: 2.Notice of Fines for Violation: The City Planner shall issue a Notice of Fines for Violation to the person(s)who have committed,in whole or in part,a violation. The Notice of Fines for Violations is a w � citation that states the fines for the violation. The Notice of Fines for Violation shall be mailed by the City Planner via Certified Ma�1 to the owner of the property.Notice to other parties found to be in violation shall be mailed via USPS. The person(s)in violation will have a minimum of 15 days from the date of mailing to pay all applicable fines, and must correct the violation within the time period specified by the City Planner or face additional fines. B. Monetary Fines: Monetary fines may be imposed at the discretion of the City Planner as follows: 2. Fine Amount: Each separate offense shall be subject to a maximum fine of$100 to$2,500 per day from the date of compliance requested by the City Planner in the Notice of Violation. Each day that a violation occurs shall constitute a separate violation. The amount of any fine shall be determined by the City Planner. 3.Payment: The payment of any violation shall be by cash or cashier's check and shall be delivered to the City Planner who shall forward the funds to the Clerk-Treasurer for deposit in the General Fund. The Clerk-Treasurer shall issue a receipt to the person making the payment. C. Appeals: Any person receiving a Notice of Violation and/or Fines for Violation may appeal the violation and/or fine to the Board of Zoning Appeals or to a court of jurisdiction consistent with I.C. 36-7- 4-918.1 and I.C.36-7-4-920.The person in violation shall file an Administrative Appeal consistent with this Ordinance with the City Planner within seven(7)days of the date of mailing of the Notice. D. Enforcement of Ordinance Requirements and Commitments: The City Planner via the Plan Commission Attorney may bring an action in the Circuit or Superior Court of Putnam County to invoke any legal,equitable,or special remedy,for the enforcement of any ordinance or regulation created under IC 36- 7-4,and its subsequent amendments. 3.Responsibility for Costs: If the City Planner is successful in his/her action,the respondent shall bear all costs of his/her action,includingthe costs of any required remedy,any fines, and the costs of enforcement (including any attorney's fees, hours worked, photocopying charges,mileage,and other costs incurred directly or indirectly by the City). a.Documentation: Only those costs of enforcement which are clearly documented by the City Planner, and which clearly bear relationship to t h e e n f o r c e m e n t a c t i o n s h a l 1 b e paid by the respondent. All other terms and conditions contained within the Zoning Ordinance shall remain in full force and effect. This Ordinance shall have full force and effect upon passage of the Greencastle Common Council and its approval by the Mayor. PASSED AND ADOPTED by the Common Council of the City ofGreencastle,Indiana this �3 day of �v I�i ,2017. -T Tyler ade Adam Cohen . . a d Murray ary Lemon a \ v 10` / Steve F elds Mark Hammer G�----. Stacie Langdo Approved and signed by me this (�th day of �,�, • , 2017, at ��.SS o'clock�m. r � . �, � ��"�� Mayor William A. Dory,Jr. ATTEST• L da R. Dunbar, Clerk-Treasurer - , ,�... �_.�,.:.: T a GREENCASTLE CITY PLAN COMMISSION DOCKET NO. Pl7-01 Amendment to zoning text of the City of Greencastle Code regarding Enforcement and Penalties Petitioner: City of Greencastle WHEREAS, the Plan Commission of the City of Greencastle initiated and prepared the attached Ordinance to amend the Greencastle Planning and Zoning Ordinance by amending the zoning text; and WHEREAS, the Greencastle Plan Commission has reported that it held a public hearing concerning this ordinance on May 22, 2017 after timely notice of the hearing was given by publication in the Banner Graphic, Greencastle, Indiana, on or before May 10, 2017; and WHEREAS, the Greencastle Plan Commission has reported that it paid reasonable regard to the following factors enumerated in I.C. 36-7-4-603 in consideration of the ordinance and determination of a recommendation to be made to the Common Council: 1. the comprehensive plan; 2. current conditions and the character of current structures and uses in each district; 3. the most desirable use for which the land in each district is adapted; 4. the conservation of property values throughout the jurisdiction; and 5. responsible growth and development. NOW THEREFORE, the Greencastle Plan Commission hereby certifies this ordinance to the Common Council with a favorable recommendation, subject to the conditions or commitments attached hereto and/or stated in the minutes of the Plan Commission, and incorporated herein and made a part of this certification. Dated this 22nd day of May, 2017. GREENCASTLE CITY PLAN COMMISSION BY: � �(/, M k Hammer, Vi e President � .� r� ATTEST Shannon Norm , i P anner