VERMILLION COUNTY AREA PLAN COMMISSION UNIFIED DEVELOPMENT ORDINANCE (UDO)
NOTICE OF PUBLIC HEARING ON
PROPOSED ZONING AND SUBDIVISION CONTROL ORDINANCE
Notice is hereby given that the Vermillion County Area Plan Commission, on the 10th of October at 6:00pm will hold a public hearing on a proposed Zoning Ordinance and Subdivision Control Ordinance. The two ordinances are packaged together as a single ordinance and has been named the Vermillion County Area Plan Commission Unified Development Ordinance (UDO). This public hearing will be held at the Vermillion County Courthouse, 255 S Main St., Newport, IN. 47966. The UDO and a revised zoning map will be available for public review and comment by or on September 27, 2024 at 8:00am.
The geographic area to which the proposed UDO and revised zoning map applies to all unincorporated lands within Vermillion County, Indiana and lands inside the corporate limit of the City of Clinton.
The following is a summary of the subject matter contained in the proposed ordinance:
Article One – Ordinance Foundation: This article contains language that establishes the document as an ordinance. It also includes the purpose and intent, establishes the zoning districts, establishes the official zoning map, interpretation rules, and documents the adoption process.
Article Two – Zoning Districts: This article contains the intent, permitted uses, special exception uses, and basic development standards that apply to each zoning district. The UDO recognizes seventeen (17) zoning districts including districts for agriculture, parks, residential, institutional, commercial, and industrial uses.
Article Three – Overlay Districts: This article contains the intent, effect on uses, and effect on development standards that apply to the wellhead protection overlay zoning district.
Article Four – Planned Unit Development District: This article contains the regulations for planned unit developments.
Article Five – Development Standards: This article contains the development standards that apply to each zoning district, including: accessory structure, architectural, commercial kennels, confined feeding, density and intensity, driveway, environmental, fence and wall, floodplain, floor area, height, home business, keeping of animals, landscaping, lot, meteorological tower, parking, right to farm, setback, sewer and water, signs, solar array, solar power plant, structure, telecommunication facility, temporary use and structures, vision clearance, and wind turbine system regulations.
Article Six – Subdivision Types: This article establishes four (4) types of subdivision, including: Simple, Standard, Commercial, and Industrial. This article also includes the intent, prerequisites, and basic design standards for each type of subdivision.
Article Seven – Design Standards: This article contains the design standards that apply to subdivisions, including: access street, dedication of public improvement, development name, easement, entryway feature, erosion control, floodplain, lot establishment, monument and marker, open space, owner association, prerequisite, stormwater, street and right-of-way, street lighting, street name, street signs, surety, and utility regulations.
Article Eight – Nonconformances: This article contains the rules for nonconforming structures, uses, and lots (grandfathering).
Article Nine – Processes: This article contains the process for each type of permit, petition, or approval identified within the UDO.
Article Ten – Enforcement: This article contains the enforcement options, methods, and penalties applicable to violations of the UDO.
Article Eleven – Definitions: This article contains the terms used in a special sense within the ordinance and their corresponding definition.
By State Statute, any penalty or forfeiture provision must be published in their entirety. The following is the text from the UDO that contains penalties or forfeitures.
10.01: Actionable Violations
It shall be an actionable violation of the Unified Development Ordinance to:
A. Non-permitted Structures: Construct, place, or modify a structure in a manner that is not expressly permitted by the Unified Development Ordinance;
B. Permitted Structures: Construct, place, or modify a structure in a manner permitted by the Unified Development Ordinance without first being issued all permits and/or other approvals required by the Unified Development Ordinance;
C. Exempt Permitted Structures: For structures that are exempt from needing a permit; construct, place, or modify a structure in a manner that is not expressly permitted by the Unified Development Ordinance;
D. Non-permitted Uses: Utilize a property for a use that is not expressly permitted by the Unified Development Ordinance in the applicable zoning district;
E. Permitted Uses: Utilize a property for a use expressly permitted by the Unified Development Ordinance without first being issued a permit and/or other approvals required by the Unified Development Ordinance;
F. Non-compliance with Approvals: Fail to fully comply with procedural requirements, payment of fees, conditions, enforceable covenants, or commitments associated with any approval; or
G. Other Violations: Otherwise fail to comply with any component of the Unified Development Ordinance. Oral objections or comments concerning the proposed UDO will be heard and considered at the public hearing.
10.07 Enforcement Options
When an alleged violation exists and when it is determined that enforcement is necessary, the type of enforcement action will be at the discretion of the enforcement official and generally should reflect what is warranted by the evidence, severity of the alleged violation, and history of violations on the same property or by the same owner or occupant. The following options, as described in subsequent sections, may be used to enforce the Unified Development Ordinance:
• Request to stop work;
• Stop work order;
• Enforcement as a common nuisance;
• Request to remedy;
• Bring action to local court to invoke any legal, equitable or special remedy;
• Bring action to local court to enforce a condition, covenant or commitment;
• Bring action to local court to request a prohibitory or permanent injunction to restrain;
• Bring action to local court to request a mandatory injunction to remove a structure;
• Impose a fine for violations;
• Bring action to a local court to invoke a fine for violations; or
• Any remedy or actions set forth in Indiana Code, common law, or other applicable State regulations.
10.08 Request to Stop Work
A. Authority: The enforcement official may issue a request to stop work.
B. Cause: A request to stop work may be issued for any alleged violation of the Unified Development Ordinance when one (1) or more of the following statements apply:
1. Cost to Remedy: The alleged violation is in regard to an active project, such that if work is not stopped, the cost to remedy the violation will likely increase;
2. Non-compliance: The alleged violation is in regard to an active project, such that if work is not stopped, the violation will likely escalate in non-compliance;
3. Quantity of Violations: The alleged violation is in regard to an active project, such that if work is not stopped, the number of violations will likely increase; or
4. Public Risk: The alleged violation is in regard to an active project, such that if work is not stopped, the continuance will put the health, safety, or welfare of the public at risk.
C. General Procedure:
1. Issue Notice: The request to stop work shall, in writing (i.e. notice), describe the alleged violation and request the immediate cessation of work until the matter is resolved.
2. Post Notice: The request to stop work shall be posted in a conspicuous place on the property. A copy may also be delivered or mailed to the property owner, developer, builder, property manager, tenant, occupant, or other interested parties.
3. Effective: The request to stop work shall become effective upon posting on the property.
4. Conditions: An enforcement official may describe the conditions under which the request to stop work will be lifted on the notice. Otherwise, it is the responsibility of the violator to schedule a meeting with the enforcement official.
5. Agreement: To lift a request to stop work, a memorandum of agreement identifying the process and steps necessary to resolve the violation shall be signed by the property owner and the enforcement official; or a court of jurisdiction shall rule on the matter; or the enforcement official shall rescind the request to stop work.
6. Failure to Abide: An enforcement official may seek a court of jurisdiction to issue a temporary or preliminary injunction (i.e. stop work order) to the violator if they fail to abide by the request to stop work.
7. Refusal to Sign Terms: An enforcement official may seek a court of jurisdiction to issue a temporary or preliminary injunction (i.e. stop work order) to the violator if they refuse to sign the terms of the memorandum of agreement, giving the enforcement official time necessary to pursue other enforcement options without furtherance of the alleged violation.
10.09 Stop Work Order
A. Authority: The enforcement official may bring action to a court of jurisdiction. A court of jurisdiction may issue a stop work order.
B. Cause: A temporary or preliminary injunction may be issued when one or more of the following statements apply:
1. Cost to Remedy: The alleged violation is in regard to an active project, such that if work is not stopped, the cost, time, or challenge to remedy the violation will likely increase;
2. Non-compliance: The alleged violation is in regard to an active project, such that if work is not stopped, the violation will likely escalate in non-compliance;
3. Quantity of Violations: The alleged violation is in regard to an active project, such that if work is not stopped, the number of violations will likely increase; or
4. Public Risk: The alleged violation is in regard to an active project, such that if work is not stopped, the continuance will put the health, safety, or welfare of the public at risk.
C. General Procedure:
1. Issue Notice: Before or after filing with the court, the enforcement official shall mail a notice letter to the violator, the property address, or to the tax record address if mail is undeliverable to the property (e.g. a vacant site) describing the alleged violation.
2. Investigation: Before or after filing with the court, the enforcement official shall make a reasonable attempt to investigate an alleged violation to determine if there is a violation.
3. Stop Work Order: The enforcement official shall file for an action for temporary or preliminary injunction, or temporary restraining order (i.e. stop work order) in the court of jurisdiction to restrain a person from violating or further violating the Unified Development Ordinance.
4. Post Notice: If the court grants the stop work order, the stop work order shall be posted in a conspicuous place on the property. A copy may also be delivered or mailed to the property owner, developer, builder, property manager, tenant, occupant, or other interested parties.
5. Effective: The stop work order shall become effective upon court issuance and either phone notification to the violator or posting the notice on site.
6. Conditions: The court of jurisdiction may determine and describe the conditions and terms under which the stop work order will be lifted. Otherwise, it is the responsibility of the violator to schedule a meeting with the enforcement official and/or court of jurisdiction to resolve the violation.
10.10 Enforcing a Violation as a Common Nuisance
A. Authority: The enforcement official may initiate enforcement action.
B. Cause: According to Indiana Code, a structure that is erected, raised, or converted, or land or premises are used in violation of this Unified Development Ordinance is a common nuisance and the Owner or occupant of the structure or land is liable for maintaining a common nuisance.
C. General Procedure:
1. Issue Notice: The enforcement official shall mail a notice letter to the violator, the property address, or to the tax record address if mail is undeliverable to the property (e.g. a vacant site) describing the alleged violation.
10.11 Request to Remedy
A. Authority: The enforcement official may initiate a request to remedy.
B. Cause: An alleged violation exists on a property.
C. General Procedure:
1. Investigation: Before or after sending a notice letter, the enforcement official shall make reasonable attempt to investigate an alleged violation to determine if there is a violation.
2. Issue Notice: The enforcement official shall mail a notice letter to the violator, the property address, or to the tax record address if mail is undeliverable to the property (e.g. a vacant site) describing the alleged violation.
3. Time Frame: The enforcement official shall grant the violator an opportunity to provide evidence that there is not a violation or to bring the violation into compliance; including a time frame of at least one (1) day but not more than twenty-one (21) days. The time frame granted shall be reasonably tied to the time necessary to remedy the violation (e.g. the time to remove an A-frame portable sign could be one day).
4. Time Frame Extension: A time frame extension may be granted upon request by the enforcement official if the violator is making satisfactory progress.
5. Timely Correction: If corrective measures have not been initiated in a timely manner, or corrective measures are not effectively being conducted, or corrective measures are significantly behind schedule, or the violation remains after the time frame given for remedy, then the enforcement official may choose another enforcement option. If the violator is making satisfactory progress and will likely meet the time frame for remedy, the enforcement official shall not begin another enforcement option until the time frame has expired and a violation remains unresolved.
D. Safety from Fines: The enforcement official shall not impose a fine to a violator if a request to remedy is the first enforcement action and the violation is remedied within the granted time frame.
10.12 Invoke a Legal, Equitable, or Special Remedy
A. Authority: The Area Plan Commission may bring action to a court of jurisdiction as an independent enforcement action or concurrent to another enforcement action; except as stated in Section 10.11: Request to Remedy. A court of jurisdiction may issue a legal, equitable, or special remedy.
B. Cause: An alleged violation exists on a property.
C. General Procedure:
1. Issue Notice: Before or after bringing an action to the court of jurisdiction, the Area Plan Commission shall mail a notice letter to the violator, the property address, or to the tax record address if mail is undeliverable to the property (e.g. a vacant site) describing the alleged violation.
2. Investigation: Before or after bringing an action to the court of jurisdiction, the Area Plan Commission shall make reasonable attempt to investigate an alleged violation to determine if there is a violation.
3. Court-imposed Remedy: The Area Plan Commission shall bring an action to the court of jurisdiction to invoke a legal, equitable or special remedy for an alleged violation.
4. Liability: Any violator found liable for a violation shall be subject to any court-imposed legal, equitable or special remedy. The legal, equitable or special remedy shall force compliance with the Unified Development Ordinance or be a unique court ruling that fulfills the intent of the Vermillion County Comprehensive Plan and Unified Development Ordinance. The severity of the court ruling may consider the severity of the violation, impact to property values in the area, impact to quality of life in the area, impact to the health, safety and welfare of the public, repetitiveness of similar violations by the same violator, and/or the precedent that may be set by the ruling. If successful in the enforcement of the Unified Development Ordinance, the court of jurisdiction may award Vermillion County or applicable municipality recuperation of its legal fees and administrative costs.
10.13 Enforce a Condition or Commitment
A. Authority: The Area Plan Commission may bring action to a court of jurisdiction as an independent enforcement action or concurrent to another enforcement action; except as stated in Section 10.11: Request to Remedy. A court of jurisdiction may enforce compliance with a condition or commitment.
B. Cause: A condition or commitment is not in compliance with terms of an approval.
C. General Procedure:
1. Issue Notice: Before or after bringing an action to the court of jurisdiction, the Area Plan Commission shall mail a notice letter to the violator, the property address, or to the tax record address if mail is undeliverable to the property (e.g. a vacant site) describing the non-compliance.
2. Investigation: Before or after bringing an action to the court of jurisdiction, the Area Plan Commission shall make reasonable attempt to investigate an alleged violation to determine if there is non-compliance.
3. Conditions: The Area Plan Commission shall bring an action to a court of jurisdiction to enforce a condition or commitment.
4. Court-imposed Remedy: Any non-compliance shall be subject to any court-imposed remedy. The court-imposed remedy may include enforcing the condition or commitment, or be a unique court ruling that fulfills the intent of the Comprehensive Plan and Unified Development Ordinance. The severity of the court ruling may consider the severity of the non-compliance, impact to property values in the area, impact to quality of life in the area, impact to the health, safety and welfare of the public, repetitiveness of similar violations by the same violator, and/or the precedent that may be set by the ruling. If successful in the enforcement of the Unified Development Ordinance, the court of jurisdiction may award Vermillion County or applicable municipality recuperation of its legal fees and administrative costs.
10.14 Request a Prohibitory or Permanent Injunction to Restrain
A. Authority: The enforcement official may bring action to a court of jurisdiction as an independent enforcement action or concurrent to another enforcement action; except as stated in Section 10.11: Request to Remedy. A court of jurisdiction may issue a prohibitory or permanent injunction against a violator or potential violator.
B. Cause: A violation, alleged violation, or intent to violate exists.
C. General Procedure:
1. Issue Notice: Before or after bringing an action to the court of jurisdiction, the enforcement official shall mail a notice letter to the violator, the property address, or to the tax record address if mail is undeliverable to the property (e.g. a vacant site) describing the violation, alleged violation, or intent to violate.
2. Investigation: Before or after bringing an action to the court of jurisdiction, the enforcement official shall make reasonable attempt to investigate an alleged violation to determine if there is a violation, an alleged violation, or an intent to violate.
3. Request for Injunction: The enforcement official shall bring an action to a court of jurisdiction to request a prohibitory or permanent injunction to restrain a violation of the Unified Development Ordinance.
4. Violation: Any violator found liable for a violation or intending to violate the Unified Development Ordinance shall be subject to prohibitory or permanent injunction to restrain. The court-imposed restraint may instead result in a unique court ruling that fulfills the intent of the Vermillion County Comprehensive Plan and Unified Development Ordinance. The severity of the court ruling may consider the severity of the violation, impact to property values in the area, impact to quality of life in the area, impact to the health, safety and welfare of the public, repetitiveness of similar violations by the same violator, and the precedent that may be set by the ruling. If successful in the enforcement of the Unified Development Ordinance, the court of jurisdiction may award Vermillion County or applicable municipality recuperation of its legal fees and administrative costs.
10.15 Request a Mandatory Injunction to Remove a Structure
A. Authority: The Board of Zoning Appeals may bring action to a court of jurisdiction as an independent enforcement action or concurrent to another enforcement action; except as stated in Section 10.11: Request to Remedy. A court of jurisdiction may issue a mandatory injunction against a violator.
B. Cause: A structure was constructed, modified or installed in alleged violation.
C. General Procedure:
1. Issue Notice: Before or after bringing an action to the court of jurisdiction, the Board of Zoning Appeals shall mail a notice letter to the violator, the property address, or to the tax record address if mail is undeliverable to the property (e.g. a vacant site) describing the alleged violation.
2. Investigation: Before or after bringing an action to the court of jurisdiction, the Board of Zoning Appeals shall make reasonable attempt to investigate an alleged violation to determine if there is a violation.
3. Request for Injunction: The Board of Zoning Appeals may bring an action to a court of jurisdiction to request a mandatory injunction to remove a structure in violation of the Unified Development Ordinance.
4. Violation: If a structure is found in violation, the violator shall be subject to a mandatory injunction to remove the structure and all costs associated with the action. The court-imposed remedy may instead result in a unique court ruling that fulfills the intent of the Vermillion County Comprehensive Plan and Unified Development Ordinance. The severity of the court ruling may consider the severity of the violation, impact to property values in the area, impact to quality of life in the area, impact to the health, safety and welfare of the public, repetitiveness of similar violations by the same violator, and/or the precedent that may be set by the ruling. If successful in the enforcement of the Unified Development Ordinance, the court of jurisdiction may award Vermillion County or applicable municipality recuperation of its legal fees and administrative costs.
10.16 Impose a Fine for Violation
A. Authority: The enforcement official may impose a fine for violation as an independent enforcement action or concurrent to another enforcement action; except as stated in Section 10.17: Invoke a Fine for Violation or Section 10.11: Request to Remedy.
B. Cause: A violation exists.
C. General Procedure:
1. Collect Evidence: Before imposing a fine, the enforcement official shall collect evidence to conclude there is a violation.
2. Issue Notice: The enforcement official shall mail a notice letter to the violator or the property address (or to the tax record address if mail is undeliverable to the property (e.g. a vacant site)) describing the violation. The notice letter shall also include the terms of the fine, including the fine amount and the date payment is due.
3. Time Frame: If not addressed in a concurrent enforcement action, the enforcement official shall grant the violator an opportunity to provide evidence that there is not a violation or to bring the violation into compliance, including a time frame of at least one (1) day but not more than twenty-one (21) days. The time frame granted shall be reasonably tied to the necessary time to remedy the violation (e.g. the time to remove an A-frame portable sign in violation could be one day).
4. Time Frame Extension: A time frame extension may be granted upon request by the enforcement official if the violator is making satisfactory progress.
5. Financial Liability: The enforcement official may impose a fine in an amount not less than $50.00 or higher than $2,500 for the first violation and not less than $50.00 or higher than $7,500 for the second or subsequent violations. Each unique violation from the day it was confirmed as a violation is subject to a fine; and each new day the violation persists, excluding days granted to remedy the violation, shall constitute another fine. The fine for a violation shall be reasonably in proportion to the severity of the violation, repetitiveness of similar violations by the same violator, and the costs associated with enforcing, mitigating, administering, researching, inspecting the violation, court fees, legal fees, and the like.
6. Appeals: Fines imposed by the enforcement official may be appealed to a Board of Zoning Appeals.
10.17 Invoke a Fine for Violation
A. Authority: The enforcement official may bring action to a court of jurisdiction as an independent enforcement action or concurrent to another enforcement action; except as stated in Section 10.17: Invoke a Fine for Violation or Section 10.11: Request to Remedy. A court of jurisdiction may issue a fine for violation.
B. Cause: A violation exists.
C. General Procedure:
1. Collect Evidence: Before or after bringing an action to the court of jurisdiction, the enforcement official shall collect evidence to conclude there is a violation.
2. Issue Notice: Before or after bringing an action to the court of jurisdiction, the enforcement official shall mail a notice letter to the violator or the property address (or to the tax record address if mail is undeliverable to the property (e.g. a vacant site) describing the violation.
3. Court-imposed Fine: The enforcement official shall bring an action to a court of jurisdiction to invoke a fine for a violation.
4. Financial Liability: A violator found liable for a violation shall be subject to a court-imposed fine. The fine for a violation shall be reasonably in proportion to the severity of the violation, repetitiveness of similar violations by the same violator, and the costs associated with enforcing, mitigating, administering, researching, inspecting the violation, court fees, legal fees, and the like. Fines imposed by the court of jurisdiction shall be no higher than $2,500 for the first violation, and no higher than $7,500 for the second or subsequent violations according to IC 36‑1‑3‑8.
10.18 Other Remedy
Any action allowed by Indiana Code, common law, or other applicable State regulations may be used to force a violation to be in compliance with the Unified Development Ordinance, remedy, or compliance with the terms of an approval.
Written objections or comments concerning the UDO or revised Zoning Map can be filed with the Area Plan Commission at the address listed below on or before October 10, at 3:30pm. Written comments will be presented and distributed to the Area Plan Commission for consideration at the public hearing. The public hearing may be continued by the Area Plan Commission to future meetings as may be announced at this and future Public Hearings until public comment is heard and until the UDO meets the expectations of the Area Plan Commission and, by vote, the UDO and Zoning Map is certified for adoption by the applicable legislative bodies.
A copy of the proposed UDO is available for public inspection at the following locations:
Zoning Administrator’s Office
Vermillion County Courthouse
255 S Main St., Newport, IN. 47966
8:00am to 4:00pm M-F
OR the link is below.