Town of Clayton Plan Commission will conduct a public hearing on February 2, 2021, at 7:00pm at the Clayton Town Hall, 4844 Iowa St, Clayton, IN 46118, to consider the proposed Town of Clayton Unified Development Ordinance.
In accordance with IC 36-7-4-602(b), IC 36-7-4-602(c), and IC 36-7-4-604, notice is hereby given that the Town of Clayton Plan Commission will conduct a public hearing on February 2, 2021, at 7:00pm at the Clayton Town Hall, 4844 Iowa St, Clayton, IN 46118, to consider the proposed Town of Clayton Unified Development Ordinance.
The geographic area affected by the proposed amendment is all land within the town limits of the Town of Clayton, Indiana.
A summary of the contents and general subject matter contained in the UDO is set forth below:
1) Unified Development Ordinance
a) Chapter 1 – Introductory Provisions: the enabling language for a UDO as well as its purpose and intent.
b) Chapter 2 – Zoning Ordinance Provisions: identification of each zoning district and the respective purpose, permitted uses, and development standards.
c) Chapter 3 – Subdivision Control Ordinance Provisions: the processes and design standards for the development of a subdivision, including streets, sidewalks, drainage, sewer, and water.
d) Chapter 4 – Definitions: the definitions relative to the administration of this UDO.
e) Chapter 5 – Schedule of Uses: the permitted uses organized by zoning district.
f) Chapter 6 – Development Standards: the bulk matrix for development standards by zoning district and land use type.
The procedures for complaints/violations/remedies as well as penalties are contained in Chapter 2, and more specifically described below:
A. ”General Provisions.
1. It shall be the duty of the Administrator or his/her designee to enforce these regulations and to bring any violations or lack of compliance to the attention of the Town Attorney, who may recommend filing a complaint against the person and prosecute the alleged violator, with the approval of the PC.
2. The Town, by its authorized official, may, by suit in the Circuit or Superior Court(s) of Hendricks County, enjoin violations of this UDO.
3. The PC, by mandatory injunction in the Circuit Court or Superior Court(s) of Hendricks County against the owner or possessor of the real estate, may require the removal of a structure erected in violation of this UDO, or the removal of any use or condition permitted in violation of this UDO.
4. A use that violates this UDO shall be treated as if it were a common nuisance, and the owner or possessor of the structure, land, or premises upon which the use is maintained shall be liable for the nuisance.
5. No Building Permit required under the state building Ordinances or this UDO shall be issued on any property subject to this UDO in violation of the provisions of this Section or not in substantial compliance with the Comprehensive Plan.
B. Civil Zoning Violations.
1. Any person who uses property in violation of the Zoning Ordinance of Clayton shall be deemed to have committed a civil zoning violation and may be issued a warning ticket or citation by the designated enforcement entity. The Zoning Ordinance of Clayton is included under a list of ordinances scheduled for the jurisdiction of the Clerk-Treasurer of Clayton.
2. Each day a violation remains uncorrected, after notification, is a distinct and separate civil zoning violation subject to an additional citation and fine in the amount prescribed by the provision below, provided a warning ticket has first been issued pursuant to the Section 12.3.
3. The monetary fine for each civil zoning violation shall be officially set by the Town Council.
4. All fines prescribed by this Section for civil zoning violations shall be paid within seventy two (72) hours to the Clerk-Treasurer of Clayton, who shall render to the person making the payment a receipt stating the amount and purpose for which the fine has been paid, and duplicate of which shall be made a part of the records of the PC: All fines thus received shall be deposited with the Town of Clayton Clerk-Treasurer. If a violation is to be appealed, the procedures set forth in Section 12.3 B shall apply.
C. Citation for Civil Zoning Violations.
1. The Administrator or his/her designee may issue a civil zoning violation to a person who commits a zoning violation to the legal owner, the contract vendee, or any person or entity with a possessory interest in the real estate upon which the violation occurs. The citation may be served by personal service, by certified mail, or by placement in a conspicuous place on the property where the violation occurs and shall serve as notice to a person that he or she has committed a civil zoning violation.
2. Warning tickets or citations issued for a violation are considered a violation of health, safety, and welfare. A person who receives a warning ticket or a citation may either choose to abate the violation or file a petition for a variance, special exception use, rezoning, or other means provided by this Section to correct the violation, as prescribed by the Subsection D below. A person who elects to file such a petition shall indicate this intent in writing to the Administrator.
3. A person shall have thirty (30) days after issuance of the warning ticket to file the petition, and additional monetary fines as prescribed in Section 12.2 shall be stayed upon the filing of such petition, as long as the violation does not continue at the real estate. A person who files the petition within the thirty (30) days shall pursue the petition in an expeditious fashion. If the petition is denied, withdrawn, or dismissed for want of prosecution, and the civil zoning violation continues at the real estate, then a lawsuit will be commenced by the designated enforcement entity in a court of competent jurisdiction in Hendricks County, Indiana.
4. If a person believes that the warning ticket or citation received results from an incorrect interpretation of the UDO by the Administrator, the aggrieved person may file an appeal of the decision for a hearing by the BZA. Said appeal shall be filed in accordance with the BZA Application Packet.
5. A person shall have thirty (30) days after issuance of the warning ticket to file the appeal, and additional monetary fines as prescribed in Section 12.2. The warning ticket or citation shall be stayed upon the filing of such appeal, as long as the violation does not continue at the real estate. A person who files the appeal within the thirty (30) shall have the appeal heard at the next regularly scheduled BZA meeting. If the BZA upholds the interpretation of the zoning ordinance provisions of this UDO which led to issuance of the warning ticket or citation, and the civil zoning violation continues at the real estate, then the citation will move forward. The applicant can either conform to the Ordinance, correct the violation and pay the fine, or request a trial on the citation for determination by a court of competent jurisdiction in Hendricks County, Indiana.
6. If the violation is determined by the Administrator to be a threat to public health or safety, the Administrator may order the land use or activity to cease and desist immediately, regardless of whether a warning ticket or citation has been issued.
7. The warning ticket shall be in the form prescribed by the PC.
8. The Citation shall appear on serialized, designated form and be in the form prescribed by the PC.”
A copy of the proposed Unified Development Ordinance and Zoning Map is available for public review at the Clayton Town Hall, 4844 Iowa St, Clayton, IN 46118, during the regular business hours of Monday thru Friday, 8:00am-4:00pm.
Written objections to the proposed UDO may be filed with the Town in advance of the public hearing at the Clayton Town Hall, 4844 Iowa St, Clayton, IN 46118, during the regular business hours of Monday thru Friday, 8:00am-4:00pm. Oral comments concerning the proposed amendment will be heard at the public hearing. The public hearing may be continued from time to time as may be found necessary.