TOWN OF AVON ZONING ORDINANCE

TOWN OF AVON ZONING ORDINANCE Certified: Advisory Plan Commission September 24, 2002 Adopted: Avon Town Council: November 14, 2002 Ordinance 2002-14 Subsequent Amendments Avon Town Council Ordinance 2003-06 (02-13-03) Ordinance 2003-26 (07-10-03) Ordinance 2003-28 (07-24-03) Ordinance 2003-38 (09-25-03) Ordinance 2004-11 (05-13-04) Ordinance 2004-19 (09-27-04) Ordinance 2005- (07-28-05) Avon Planning Department Avon Town Hall 6570 E US Highway 36 Avon, IN 46123

CHAPTER 1. TITLE, PURPOSE AND EFFECT... 7 SECTION 1-1. TITLE... 7 SECTION 1-2. AUTHORITY... 7 SECTION 1-3. PURPOSES... 7 SECTION 1-4. SCOPE... 8 SECTION 1-5. PROVISIONS DECLARED TO BE MINIMUM REQUIREMENTS... 8 SECTION 1-6. SEVERABILITY... 8 SECTION 1-7. EXCLUSION... 9 SECTION 1-8. SAVING PROVISION... 9 SECTION 1-9. REPEAL OF PRIOR ORDINANCE... 9 SECTION 1-10. EFFECTIVE DATE... 9 CHAPTER 2. LEGISLATIVE AND ADMINISTRATIVE AUTHORITY... 11 SECTION 2-1. SUMMARY OF AUTHORITY... 11 SECTION 2-2. TOWN COUNCIL... 11 SECTION 2-3. PLAN COMMISSION... 11 SECTION 2-4. BOARD OF ZONING APPEALS... 12 SECTION 2-5. ZONING ADMINISTRATOR... 13 SECTION 2-6. TECHNICAL ADVISORY COMMITTEE... 14 CHAPTER 3. APPLICATIONS AND HEARINGS... 17 SECTION 3-1. APPLICATIONS... 17 SECTION 3-2. SUCCESSIVE APPLICATIONS... 18 SECTION 3-3. NOTICE... 19 SECTION 3-4. REVIEW AND HEARINGS... 19 CHAPTER 4. DEVELOPMENT REVIEW APPROVALS... 21 SECTION 4-1. IMPROVEMENT LOCATION PERMITS... 21 SECTION 4-2. CERTIFICATE OF OCCUPANCY... 22 SECTION 4-3. VARIANCES... 24 SECTION 4-4. SPECIAL EXCEPTIONS... 26 SECTION 4-5. APPEALS... 29 SECTION 4-6. AMENDMENTS... 31 SECTION 4-7. INTERPRETATIONS... 33 SECTION 4-8. DEVELOPMENT PLANS... 34 SECTION 4-9. TEMPORARY USE PERMITS... 40 SECTION 4-10. WRITTEN COMMITMENTS... 41 CHAPTER 5. PLANNED UNIT DEVELOPMENTS... 43 SECTION 5-1. PURPOSE... 43 SECTION 5-2. AUTHORITY TO VARY REGULATIONS... 43 SECTION 5-3. OWNERSHIP... 44 SECTION 5-4. MINIMUM PROJECT AREA... 44 SECTION 5-5. PERMITTED USES... 44 SECTION 5-6. PROJECT DENSITY... 44 SECTION 5-7. DEVELOPMENT STANDARDS... 45 SECTION 5-8. WATER AND SEWER AVAILABILITY... 46 SECTION 5-9. PUBLIC STREETS... 46 SECTION 5-10. UTILITIES... 46 SECTION 5-11. PROCEDURE FOR APPROVAL... 46 Town of Avon, Indiana 1. Town Ordinance 2002-14

SECTION 5-12. EXTENSIONS AND ABANDONMENT... 52 SECTION 5-13. RECORDING... 52 SECTION 5-14. LIMITATION OF REZONING... 53 SECTION 5-15. FINANCIAL ASSURANCE REQUIREMENTS... 53 SECTION 5-16. PROCEDURES FOR PLATTING PLANNED UNIT DEVELOPMENT... 53 CHAPTER 6. NONCONFORMING LOTS, USES AND STRUCTURES... 55 SECTION 6-1. PURPOSE... 55 SECTION 6-2. GENERAL STANDARDS.... 55 SECTION 6-3. NONCONFORMING LOTS... 56 SECTION 6-4. NONCONFORMING USES... 56 SECTION 6-5. NONCONFORMING STRUCTURES... 57 SECTION 6-6. NONCONFORMING SIGNS... 58 SECTION 6-7. NONCONFORMING LIGHTING... 58 CHAPTER 7. DISTRICTS AND BOUNDARIES... 61 SECTION 7-1. ESTABLISHMENT OF DISTRICTS... 61 SECTION 7-2. INTERPRETATION OF DISTRICT SEQUENCE... 61 SECTION 7-3. ANNEXED LAND... 62 SECTION 7-4. OFFICIAL ZONING MAP... 63 SECTION 7-5. INTERPRETATION OF DISTRICT BOUNDARIES... 64 CHAPTER 8. RESIDENTIAL DISTRICTS... 67 SECTION 8-1. GENERAL PURPOSE STATEMENT... 67 SECTION 8-2. GENERAL CROSS-REFERENCE GUIDE FOR ADDITIONAL REGULATIONS... 67 SECTION 8-3. RESIDENTIAL DISTRICTS GENERAL REGULATIONS... 68 SECTION 8-4. PURPOSE STATEMENTS... 68 TABLE 8-1. RESIDENTIAL DISTRICTS USE MATRIX... 70 TABLE 8-2. RESIDENTIAL DISTRICTS ACCESSORY USE MATRIX... 70 TABLE 8-3. RESIDENTIAL DISTRICTS BULK MATRIX... 71 TABLE 8-4. MULTIPLE-FAMILY RESIDENTIAL DISTRICTS DWELLING UNIT SIZE MATRIX... 72 SECTION 8-5. ARCHITECTURAL STANDARDS FOR RESIDENTIAL DISTRICTS... 72 CHAPTER 9. MOBILE HOME PARK DISTRICTS... 75 SECTION 9-1. PURPOSE STATEMENT... 75 SECTION 9-2. GENERAL CROSS-REFERENCE GUIDE FOR ADDITIONAL REGULATIONS... 75 SECTION 9-3. MINIMUM ZONING DISTRICT SIZE... 76 SECTION 9-4. MOBILE HOME PARK DISTRICT GENERAL REGULATIONS... 76 TABLE 9-1. MHP MOBILE HOME PARK DISTRICT USE MATRIX... 77 TABLE 9-2. MHP MOBILE HOME PARK DISTRICT ACCESSORY USE MATRIX.... 77 TABLE 9-3. MHP MOBILE HOME PARK DISTRICT BULK MATRIX... 77 SECTION 9-5. SITE DEVELOPMENT REGULATIONS FOR MOBILE HOME PARKS.... 78 CHAPTER 10. COMMERCIAL DISTRICTS... 79 SECTION 10-1. GENERAL PURPOSE STATEMENT... 79 SECTION 10-2. GENERAL CROSS-REFERENCE GUIDE FOR ADDITIONAL REGULATIONS... 79 SECTION 10-3. COMMERCIAL DISTRICTS GENERAL REGULATIONS... 80 SECTION 10-4. PURPOSE STATEMENTS... 80 TABLE 10-1. COMMERCIAL DISTRICTS USE MATRIX... 81 Town of Avon, Indiana 2. Town Ordinance 2002-14

TABLE 10-2. COMMERCIAL DISTRICTS ACCESSORY USE MATRIX... 82 TABLE 10-3. COMMERCIAL DISTRICTS BULK MATRIX... 83 CHAPTER 11. SC SHOPPING CENTER DISTRICT... 85 SECTION 11-1. PURPOSE STATEMENT... 85 SECTION 11-2. GENERAL CROSS-REFERENCE GUIDE FOR ADDITIONAL REGULATIONS... 85 SECTION 11-3. MINIMUM ZONING DISTRICT SIZE... 86 SECTION 11-4. SC SHOPPING CENTER DISTRICT REGULATIONS... 86 TABLE 11-1. SHOPPING CENTER DISTRICT USE MATRIX... 87 TABLE 11-2. SHOPPING CENTER DISTRICT ACCESSORY USE MATRIX... 87 TABLE 11-3. SHOPPING CENTER DISTRICT BULK MATRIX... 88 CHAPTER 12. INDUSTRIAL DISTRICTS... 91 SECTION 12-1. GENERAL PURPOSE STATEMENT... 91 SECTION 12-2. GENERAL CROSS-REFERENCE GUIDE FOR ADDITIONAL REGULATIONS... 91 SECTION 12-3. INDUSTRIAL DISTRICTS GENERAL REGULATIONS... 92 SECTION 12-4. PURPOSE STATEMENTS... 92 TABLE 12-1. INDUSTRIAL DISTRICTS USE MATRIX... 93 TABLE 12-2. INDUSTRIAL DISTRICTS ACCESSORY USE MATRIX... 94 TABLE 12-3. INDUSTRIAL DISTRICTS BULK MATRIX... 95 CHAPTER 13. SPECIFIC USE REQUIREMENTS... 97 SECTION 13-1. LOTS... 97 SECTION 13-2. PERMITTED OBSTRUCTION IN REQUIRED YARDS... 99 SECTION 13-3. ACCESSORY USES AND STRUCTURES... 100 SECTION 13-4. SWIMMING POOLS AND HOT TUBS... 101 SECTION 13-5. FENCES AND WALLS... 101 SECTION 13-6. HOME OCCUPATIONS... 104 SECTION 13-7. BED AND BREAKFAST ESTABLISHMENTS... 105 SECTION 13-8. RESIDENTIAL FACILITY FOR THE MENTALLY ILL... 106 SECTION 13-9. MANUFACTURED HOMES STANDARDS... 106 SECTION 13-10. SATELLITE DISH ANTENNA... 106 SECTION 13-11. AMATEUR RADIO ANTENNA... 107 SECTION 13-12. WIRELESS COMMUNICATION SERVICE FACILITIES... 108 SECTION 13-13. TEMPORARY USES... 112 SECTION 13-14. SEXUALLY ORIENTED BUSINESSES... 116 CHAPTER 14. PERFORMANCE STANDARDS... 121 SECTION 14-1. APPLICATION OF PERFORMANCE STANDARDS... 121 SECTION 14-2. COMPLIANCE WITH PERFORMANCE STANDARDS... 121 SECTION 14-3. ENFORCEMENT... 121 SECTION 14-4. TOXIC MATTER... 121 SECTION 14-5. FIRE AND EXPLOSION HAZARDS... 122 SECTION 14-6. GLARE OR HEAT... 122 SECTION 14-7. ODOR... 122 SECTION 14-8. NOISE... 122 SECTION 14-9. VIBRATION... 123 SECTION 14-10. DUST AND AIR POLLUTION... 123 SECTION 14-11. NUISANCE... 123 SECTION 14-12. ELECTROMAGNETIC INTERFERENCE... 123 Town of Avon, Indiana 3. Town Ordinance 2002-14

SECTION 14-13. WATER POLLUTION... 124 SECTION 14-14. OUTDOOR STORAGE... 124 SECTION 14-15. OUTDOOR LIGHTING... 124 CHAPTER 15. OFF-STREET PARKING AND LOADING... 130 SECTION 15-1. OFF-STREET PARKING AND LOADING REQUIRED... 130 SECTION 15-2. GENERAL REQUIREMENTS... 130 SECTION 15-3. LOCATION OF OFF-STREET PARKING FACILITIES... 131 SECTION 15-4. SPECIFICATIONS FOR OFF-STREET PARKING AREAS... 132 SECTION 15-5. COMPUTATION OF REQUIRED SPACES... 134 SECTION 15-6. STACKING REQUIREMENTS FOR DRIVE-THROUGH FACILITIES... 135 SECTION 15-7. OFF-STREET PARKING REQUIREMENTS... 135 SECTION 15-8. MOBILITY-IMPAIRED ACCESSIBLE PARKING... 137 SECTION 15-9. SPECIFIC REQUIREMENTS RELATED TO THE STORAGE OF RECREATIONAL VEHICLES AND TRAILERS... 138 SECTION 15-10. SPECIFIC REQUIREMENTS RELATED TO COMMERCIAL VEHICLES IN RESIDENTIAL ZONING DISTRICTS... 138 SECTION 15-11. PARKING AND STORAGE OF INOPERABLE, UNLICENSED VEHICLES... 139 SECTION 15-12. OFF-STREET LOADING GENERAL REQUIREMENTS... 139 SECTION 15-13. OFF-STREET LOADING SPECIFIC REQUIREMENTS... 140 CHAPTER 16. LANDSCAPING AND SCREENING... 142 SECTION 16-1. PURPOSE... 142 SECTION 16-2. ENFORCEMENT OF LANDSCAPING REQUIREMENTS... 142 SECTION 16-3. LANDSCAPE PLAN... 142 SECTION 16-4. SELECTION, INSTALLATION AND MAINTENANCE OF PLANT MATERIALS. 143 SECTION 16-5. DESIGN STANDARDS AND GUIDELINES... 144 SECTION 16-6. MINIMUM LANDSCAPING OF ALL YARDS... 146 SECTION 16-7. FOUNDATION PLANTINGS... 146 SECTION 16-8. PARKWAY LANDSCAPING... 147 SECTION 16-9. PRESERVATION OF EXISTING PLANT MATERIAL... 148 TABLE 16-1. PROTECTED TREES BY GENUS AND SPECIES... 151 SECTION 16-10. PARKING LOT LANDSCAPING (IN ALL ZONING DISTRICTS)... 152 SECTION 16-11. LANDSCAPE BUFFERS... 154 SECTION 16-12. ADDITIONAL SCREENING REQUIREMENTS... 157 SECTION 16-13. CHANGES TO APPROVED LANDSCAPE PLANS... 158 CHAPTER 17. FLOODPLAIN REGULATIONS... 161 SECTION 17-1. PURPOSE... 161 SECTION 17-2. DUTIES OF THE ZONING ADMINISTRATOR... 161 SECTION 17-3. REGULATORY FLOOD ELEVATION... 162 SECTION 17-4. IMPROVEMENT LOCATION PERMIT... 162 SECTION 17-5. PREVENTING INCREASED DAMAGES... 163 SECTION 17-6. PUBLIC HEALTH STANDARDS IN ALL SFHAS... 164 SECTION 17-7. PROTECTING BUILDINGS... 164 SECTION 17-8. OTHER DEVELOPMENT REQUIREMENTS... 166 SECTION 17-9. VARIANCES... 167 SECTION 17-10. DISCLAIMER OF LIABILITY... 168 SECTION 17-11. VIOLATIONS... 168 CHAPTER 18. SIGNS... 169 Town of Avon, Indiana 4. Town Ordinance 2002-14

SECTION 18-1. PURPOSE... 169 SECTION 18-2. SIGNS PROHIBITED... 169 SECTION 18-3. SIGN PERMITS... 171 SECTION 18-4. EXEMPTIONS... 172 SECTION 18-5. GENERAL SIGN STANDARDS... 176 SECTION 18-6. TEMPORARY SIGNS... 179 SECTION 18-7. REGULATION BY DISTRICT CLASSIFICATION... 181 SECTION 18-8. INTEGRATED CENTER SIGNS... 183 SECTION 18-9. LOCALIZED ALTERNATIVE SIGN REGULATIONS... 183 SECTION 18-10. OFF-PREMISE ADVERTISING SIGNS... 184 SECTION 18-11. ENFORCEMENT... 186 CHAPTER 19. ENFORCEMENT... 191 SECTION 19-1. AUTHORITY... 191 SECTION 19-2. COMPLAINTS REGARDING VIOLATIONS... 191 SECTION 19-3. PERSONS LIABLE... 191 SECTION 19-4. RIGHT OF ENTRY... 191 SECTION 19-5. PROCEDURES UPON DISCOVERY OF VIOLATIONS... 192 SECTION 19-6. CIVIL ZONING VIOLATIONS... 195 SECTION 19-7. REVOCATION OF DEVELOPMENT REVIEW APPROVALS... 196 SECTION 19-8. COMMON NUISANCE... 197 SECTION 19-9. APPEALS OF ZONING ADMINISTRATOR DECISIONS... 197 SECTION 19-10. PRIVATE REMEDIES RESERVED... 197 CHAPTER 20. DEFINITIONS... 199 SECTION 20-1. DEFINITIONS GENERALLY... 199 SECTION 20-2. RULES FOR GENERIC USE DEFINITIONS... 199 SECTION 20-3. DEFINITIONS... 200 CHAPTER 21. AGRICULTURAL OVERLAY DISTRICT (AGO-1)... 239 SECTION 21-1. PURPOSE... 239 SECTION 21-2. APPLICATION OF THE DISTRICT... 239 SECTION 21-3. PERMITTED USES... 239 SECTION 21-4. ACCESSORY USES... 239 SECTION 21-5. HOME OCCUPATIONS... 240 SECTION 21-6. PROHIBITED USES... 240 SECTION 21-7. AREA AND HEIGHT REGULATIONS FOR PERMITTED USES... 240 SECTION 21-8. OTHER DEVELOPMENT CONTROLS... 240 SECTION 21-9. PETITIONS TO AMEND THE ZONING MAP-REMOVAL OF THE AGO-1 AGRICULTURAL OVERLAY DISTRICT... 241 APPENDIX A. DEVELOPMENT REVIEW SUBMISSION REQUIREMENTS... 243 APPENDIX A-1. MINIMUM SUBMISSION REQUIREMENTS... 243 APPENDIX A-2. MINIMUM SUBMISSION REQUIREMENTS FOR IMPROVEMENT LOCATION PERMITS AND CERTIFICATES OF OCCUPANCY... 243 APPENDIX A-3. MINIMUM SUBMISSION REQUIREMENTS FOR SPECIAL EXCEPTIONS... 243 APPENDIX A-4. MINIMUM SUBMISSION REQUIREMENTS FOR VARIANCES... 244 APPENDIX A-5. MINIMUM SUBMISSION REQUIREMENTS FOR AMENDMENTS... 245 APPENDIX A-6. MINIMUM SUBMISSION REQUIREMENTS FOR ADMINISTRATIVE INTERPRETATIONS... 245 Town of Avon, Indiana 5. Town Ordinance 2002-14

APPENDIX A-7. APPENDIX A-8. MINIMUM SUBMISSION REQUIREMENTS FOR DEVELOPMENT PLAN REVIEW 246 MINIMUM SUBMISSION REQUIREMENTS FOR PLANNED UNIT DEVELOPMENTS DISTRICT... 247 APPENDIX B. COMMITMENT FORM... 251 Town of Avon, Indiana 6. Town Ordinance 2002-14

CHAPTER 1. TITLE, PURPOSE AND EFFECT Section 1-1. Title Section 1-2. Authority Section 1-3. Purposes Section 1-4. Scope Section 1-5. Provisions Declared to be Minimum Requirements Section 1-6. Severability Section 1-7. Exclusion Section 1-8. Saving Provision Section 1-9. Repeal of Prior Ordinance Section 1-10. Effective Date Section 1-1. Title This Ordinance shall be known and cited as the Town of Avon Zoning Ordinance. Section 1-2. Authority This Ordinance is adopted pursuant to the authority contained in Indiana Code 36-7-4 et seq. Whenever any provision of this Ordinance refers to or cites a section of the Indiana Code and that section is later amended or superseded, this Ordinance shall be deemed amended to refer to the amended section or the section that most closely corresponds to the superseded section. Section 1-3. Purposes The purpose of this Ordinance is to regulate the use and development of land within the Town of Avon, Indiana. The Ordinance is designed to accomplish the following: 1. promote the public health, safety, and general welfare; 2. guide the future growth and development of the Town of Avon in accordance with the Comprehensive Plan and Thoroughfare Plan; 3. secure adequate light, air, convenience of access, and safety from fire, flood, and other danger; 4. lessen or avoid congestion in public ways; 5. restrict development in areas prone to flooding; 6. protect the historic and architectural heritage of the community; 7. protect and conserve the value of land, building, and other improvements upon the land, and to minimize the conflicts among the uses of land and building; 8. guide public and private policy and action in order to assure adequate and efficient transportation, water, sewerage, schools, parks, drainage, and other public requirements and facilities; 9. avoid scattered and uncontrolled subdivision of land that would result in an excessive expenditure of public funds for the supply of community services; and Town of Avon, Indiana 7. Town Ordinance 2002-14

10. otherwise accomplish the purposes of Indiana Code 36-7-4 et seq. Section 1-4. Scope This Ordinance shall apply to all real property located within the corporate boundaries of the Town of Avon, Indiana and other property in Hendricks County for which the Hendricks County Board of Commissioners has relinquished zoning jurisdiction to the Town. Except as expressly provided otherwise in this Ordinance, the following rules shall apply. 1. All buildings erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this Ordinance which are applicable to the zoning districts in which such buildings, uses or land shall be located. 2. However, where an improvement location permit has been issued in accordance with law prior to the effective date of this Ordinance and provided that construction is begun within one year of such effective date and diligently pursued to completion, said building or structure may be completed and occupied in accordance with the approved plans on the basis of which the improvement location permit has been issued, subject thereafter to the provisions of Chapter 6, (Nonconforming Lots, Uses and Structures). 3. Existing uses, buildings, and structures that do not comply with the regulations of this Ordinance shall be subject to the regulations of Chapter 6, (Nonconforming Lots, Uses and Structures). Section 1-5. Provisions Declared To Be Minimum Requirements The provisions of this Ordinance are declared by the Town Council of the Town of Avon, Indiana to be the minimum requirements for the promotion of the public health, safety, and general welfare. 1. Where this Ordinance imposes conditions upon the use of land or buildings or upon the bulk of buildings or structures that are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this Ordinance or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern. 2. This Ordinance is not intended to invalidate any easement, covenant or any other private agreement, provided that where the regulations of this zoning Ordinance are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements of this zoning Ordinance shall govern. 3. No building, structure or use which was not lawfully existing at the time of the adoption of this Ordinance shall become or be made lawful solely by reason of the adoption of this Ordinance; and to the extent that, and in any manner that, said unlawful building, structure or use is in conflict with the requirements of this Ordinance, said building, structure or use remains unlawful hereunder. Section 1-6. Severability It is the declared intention of the Town Council of the Town of Avon, Indiana, that the sections, subsections, paragraphs, clauses, words, or provisions of this Ordinance are severable. Town of Avon, Indiana 8. Town Ordinance 2002-14

1. If any court of competent jurisdiction shall adjudge any section, subsection, paragraph, clause, word, or provision of this Ordinance to be invalid, such judgment shall not affect any other section, subsection, paragraph, clause, word, or provision of this Ordinance not specifically included in said judgment. 2. If any court of competent jurisdiction shall adjudge invalid the application of any section, subsection, paragraph, clause, word, or provision of this Ordinance to a particular property, building or other structure, such judgment shall not affect the application of said section, subsection, paragraph, clause, word, or provision to any other property, building or structure not specifically included in said judgment. Section 1-7. Exclusion Nothing in this Ordinance or in any rules, regulations, or orders issued pursuant to this Ordinance shall be deemed to restrict or regulate or to authorize any unit of government, legislative body, commission, or board now or hereafter established, to restrict or regulate the exercise of the power of eminent domain by the State of Indiana or by any agency of the State of Indiana, or the use of property owned or occupied by the State of Indiana or any agency of the State of Indiana. Section 1-8. Saving Provision Except as expressly provided otherwise in this Ordinance, the adoption of this Ordinance shall not: 1. abate any action pending under, or by virtue of, any prior zoning ordinance (an action shall be considered pending only if a complete application and the required fee for such action has been received by the Town prior to the effective date of this Ordinance); 2. discontinue, abate, modify, or alter any penalty accruing or about to accrue under, or by virtue of, any prior zoning ordinance; 3. affect the liability of any person, firm, or corporation under, or by virtue of, any prior zoning ordinance; 4. waive any right of the Town of Avon under any chapter, section, or provision of any prior zoning ordinance; or 5. vacate or annul any rights obtained by any person, firm, or corporation by lawful action of the Town of Avon under, or by virtue of, any prior zoning ordinance. Section 1-9. Repeal of Prior Ordinance After the effective date of this Ordinance, all provisions of the Zoning Ordinance of Avon, Indiana adopted April 4, 1996 as heretofore amended, are hereby expressly repealed. Section 1-10. Effective Date This Ordinance was adopted on November 14, 2002 and became effective on the January 1, 2003. Town of Avon, Indiana 9. Town Ordinance 2002-14

CHAPTER 2. LEGISLATIVE AND ADMINISTRATIVE AUTHORITY Section 2-1. Summary of Authority Section 2-2. Town Council Section 2-3. Plan Commission Section 2-4. Board of Zoning Appeals Section 2-5. Zoning Administrator Section 2-6. Technical Advisory Committee Section 2-1. Summary of Authority The following decision making bodies and officials described in this Chapter shall, without limitation upon such authority as each may possess by Law, have the responsibility for implementing and administering this Ordinance. Section 2-2. Town Council The Town Council hereby reserves to itself the following powers and duties in connection with the implementation of this Ordinance. 1. To approve, reject, or amend the comprehensive plan or portions thereof as certified to it by the Plan Commission. 2. To initiate amendments to the text of this Ordinance and to adopt, reject, or amend proposals to amend or partially repeal the text of this Ordinance, pursuant to the procedures and standards for amendments set forth in Chapter 4. 3. To initiate amendments to the Avon Subdivision Control Ordinance and to adopt, reject, or amend proposals to amend or partially repeal the text of this Avon Subdivision Control Ordinance. 4. To adopt, reject, or amend proposals to amend the zoning map pursuant to the procedures and standards for amendments set forth in Chapter 4. 5. To adopt, reject, or amend a Planned Unit Development Ordinance pursuant to the procedures and standards for amendments set forth in Chapter 5. 6. To take such other actions not exclusively delegated to other bodies, which may be desirable and necessary to implement the provisions of this Ordinance. Section 2-3. Plan Commission The Avon Plan Commission, being previously established pursuant to Indiana Code 36-7-4-200 et seq. and Chapter 2, Article 4 of the Avon Town Code shall have the following powers and duties in connection with the implementation of this Ordinance. 1. To initiate amendments to the text of this Ordinance and to the Zoning Map pursuant to the procedures and standards for amendments set forth in Chapter 4. 2. To review all proposed amendments to this Ordinance and make recommendations to the Town Council pursuant to the procedures and standards for amendments set forth in Chapter 4. Town of Avon, Indiana 11. Town Ordinance 2002-14

3. To review all Planned Unit Development Petitions and make recommendations to the Town Council for the adoption of said Petitions pursuant to the procedures and standards for Planned Unit Developments set forth in Chapter 5 and the procedures and standards for amendments, set forth in Chapter 4. 4. To render final decision regarding secondary review of all Planned Unit Development Petitions pursuant to the procedures and standards for Planned Unit Development set forth in Chapter 5; 5. To initiate amendments to the Avon Subdivision Control Ordinance, to adopt, reject, or amend proposals to amend or partially repeal the text of this Avon Subdivision Control Ordinance, and to make recommendations on such matters to the Avon Town Council. 6. To initiate amendments to the Avon Thoroughfare Plan, to adopt, reject, or amend proposals to amend or partially repeal the text of the Avon Thoroughfare Plan, and to make recommendations on such matters to the Avon Town Council. 7. To review, approve, approve with modifications, or deny all subdivision applications pursuant to the procedures and standards for subdivision approval set forth in the Subdivision Control Ordinance. 8. To approve, approve with modifications, or deny all applications for waivers from the subdivision control ordinance, pursuant to the procedures and standards for plat approval set forth in the Subdivision Control Ordinance. 9. To approve, approve with modifications, or deny all Development Plans pursuant to the procedures and standards for Development Plans set forth in Chapter 4. 10. To supervise and adopt rules for the administration of the affairs of the Plan Commission. 11. To record and file all bonds and contracts and assume responsibility for the custody and preservation of all papers and documents of the Plan Commission. 12. To prepare, publish, and distribute reports, ordinances, and other material related to the Plan Commission activities as authorized by law or this Ordinance. 13. To bring an action in the circuit or superior court of the county to invoke any legal, equitable, or special remedy for the enforcement of state planning and zoning laws or this Ordinance. 14. To exercise all powers conferred on it by law, local ordinance or rule in the manner so prescribed. This Section shall not be construed as a limitation on such powers. Section 2-4. Board of Zoning Appeals The Avon Board of Zoning Appeals, having been previously established pursuant to Indiana Code 36-7-4-900 et seq. and Chapter 2, Article 5 of the Avon Town Code shall have the following powers and duties in connection with the implementation of this Ordinance. 1. To approve, approve with modifications, or deny any application for a variance from the development standards of this Ordinance pursuant to the procedures and standards for variances set forth in Chapter 4. 2. To approve, approve with modifications, or deny any application for a use variance pursuant to the procedures and standards for variances set forth in Chapter 4. 3. To grant, grant with modifications, or deny any application for a special exception Town of Avon, Indiana 12. Town Ordinance 2002-14

pursuant to the procedures and standards for special exceptions set forth in Chapter 4. 4. To hear and decide an appeal from any order, requirement, decision or determination made by the Zoning Administrator, hearing officer, or staff in the administration or enforcement of this Ordinance pursuant to procedures and standards for appeals of administrative decisions set forth in Chapter 4. 5. To hear and decide an appeal from any order, requirement, decision or determination made by any administrative board, other than the Plan Commission, in the administration or enforcement of this Ordinance pursuant to procedures and standards for appeals of administrative decisions set forth in Chapter 4. 6. To exercise all powers conferred on it by law, local ordinance or rule in the manner so prescribed, including to invoke any legal, equitable, or special remedy available by law or this Ordinance for the enforcement of the provisions of this Ordinance or actions taken thereunder. This Section shall not be construed as a limitation on the Board s powers. 7. To adopt rules and procedures for the administration of the Board s duties provided such rules do not conflict with this Ordinance. Section 2-5. Zoning Administrator The Town Manager, with the approval of the Town Council, shall appoint a Zoning Administrator for the purpose of administering and enforcing this Ordinance. The Zoning Administrator shall reserve the right to appoint a designee to act on his behalf, as necessity demands. Any designee shall be considered the Zoning Administrator and retain his full power and authority for the purpose of administering and enforcing this Ordinance. The Zoning Administrator shall have the following powers and duties in connection with the implementation of this Ordinance. 1. To interpret provisions of this Ordinance pursuant to the procedures and standards for Interpretation set forth in Chapter 4 and to provide reports to the Plan Commission and Board of Zoning Appeals regarding such interpretations on a quarterly basis. 2. To ensure compliance with or prevent violation of provisions of this Ordinance pursuant to the procedures and standards for Enforcement set forth in Chapter 19. 3. To issue all necessary permits and certificates, and maintain records thereof in the name of the Plan Commission and Board of Zoning Appeals pursuant to the procedures and standards for zoning certificates set forth in Chapter 4. 4. To provide assistance and communications on the status of past cases and code enforcement to the Plan Commission and Board of Zoning Appeals. 5. To maintain permanent and current records relative to the administration of this Ordinance, including but not limited to, all maps, amendments, Improvement Location Permits, Certificates of Occupancy, Variances, and Special exceptions, Appeals and disapproved applications, and record of hearings. 6. To review all development permit applications to determine that the application meets the requirements of this Ordinance and to determine that all necessary permits or prior approvals have been obtained from other government agencies where required. 7. To conduct all research and collect and analyze all data pertaining to the growth and development of the Town and its environs, as delegated by the Town Council, Plan Town of Avon, Indiana 13. Town Ordinance 2002-14

Commission, Board of Zoning Appeals, or other bodies which may be desirable and necessary to implement the provisions of this Ordinance. 8. To coordinate and conduct all development activities and programs for the Town and its environs, as delegated by the Town Council, Plan Commission, Board of Zoning Appeals, or other bodies which may be desirable and necessary to implement the provisions of this Ordinance. 9. To obtain, review and reasonably utilize any base flood elevation data in order to administer this Ordinance. 10. To notify all jurisdictions and other bodies relative to the alteration of watercourses. 11. To make interpretations as to the location of special flood hazards. 12. To take such other actions as delegated by the Town Council, Plan Commission, Board of Zoning Appeals, or other bodies that may be desirable and necessary to implement the provisions of this Ordinance. Section 2-6. Technical Advisory Committee The Technical Advisory Committee is hereby created and vested with the review authority set forth in paragraph (2) in connection with the implementation of this Ordinance: 1. Membership The Technical Advisory Committee shall be comprised of the following members. A. Avon Zoning Administrator B. Avon Building Commissioner C. Avon Town Planner D. Avon Town Engineer E. Avon Fire Chief F. The Zoning Administrator may also invite representatives of the Avon Police Department, the Avon/Washington Township School Corporation, representatives of the major utility companies, representatives of Plan Commission appointed committees, and representatives of Hendricks County and Washington Township for particular applications or as necessity demands. 2. Review Authority A. To review and evaluate applications for waivers and make recommendations to the Plan Commission, pursuant to the procedures and standards for waivers set forth in the Subdivision Control Ordinance. B. To review and evaluate all development plans, and make recommendations to the Plan Commission, pursuant to the procedures and standards for development plan review set forth in Chapter 4. C. To take such other actions as delegated by the Plan Commission that may be desirable and necessary to implement the provisions of this ordinance. Town of Avon, Indiana 14. Town Ordinance 2002-14

Reserved for Future Use Town of Avon, Indiana 15. Town Ordinance 2002-14

CHAPTER 3. APPLICATIONS AND HEARINGS Section 3-1. Applications Section 3-2. Successive Applications Section 3-3. Notice Section 3-4. Review and Hearings Section 3-1. Applications All applications or petitions for development review, which shall include development plan review, zoning certificates, special exception permits, planned unit developments, variances, amendments to the zoning ordinance text or zoning map, administrative interpretations, and appeals from administrative determinations, shall be filed in conformance with the regulations set forth below. 1. Place of Filing Applications and petitions shall be filed with the Zoning Administrator or with such other Town body or official as the Zoning Administrator may designate. 2. Form, Number, and Scale Applications and petitions shall be on forms provided by the Zoning Administrator and shall be filed in such number and manner as the Zoning Administrator may designate. All plans filed as part of any application or petition shall be submitted both in paper and digital formats. Paper copies shall be drawn at a scale sufficient to permit a clear and precise understanding of its contents and of the proposal being made and shall be folded to a size of 8-1/2 inches by 11 inches. 3. Minimum Requirements Applications or petitions submitted pursuant to this Ordinance shall contain such minimum data and information as listed in Appendix A. (Minimum Submission Requirements) Applications that are incomplete shall not be processed by the Zoning Administrator and shall be returned to the applicant at the applicant s expense. 4. Filing Deadlines A. An application or petition requiring a public hearing will not be scheduled for such hearing unless filed in a complete manner, by the prescribed deadlines of the hearing body, and no more than ninety (90) calendar days prior to the requested public hearing date. An application so filed will be scheduled for the date requested, or the first available date thereafter, on a first-filed-first-scheduled basis. All public hearings to consider applications or petitions filed pursuant to this Ordinance shall be, unless otherwise provided by order of the relevant body, scheduled at the same time as the regular meetings of such body. B. An application or petition that does not require a public hearing also shall be filed with the Zoning Administrator in a complete manner. The Zoning Administrator shall process an application or petition so filed on a first-filed-first-processed basis. C. Whenever supplemental data in connection with a previously filed application or petition is required by the Town or offered by the applicant, it shall be submitted at Town of Avon, Indiana 17. Town Ordinance 2002-14

least ten (10) business days prior to the date on which the application or petition is to be considered or acted upon. The filing of such data shall, in the discretion of the Zoning Administrator be cause to delay a requested or scheduled hearing or decision date. 5. Fees Every application or petition filed pursuant to this Ordinance shall be subject to an application and non-refundable filing fee as reviewed and established annually by the Town Council. The owner of the property subject to the application or petition and, if different, the applicant or petitioner, shall be jointly and severally liable for the payment of the fee. The failure to pay any such fee when due shall be grounds for refusing to process an application or petition and for denying or revoking any permit or approval sought or issued with respect to the land or development to which the unpaid fee or required deposit relates. A current fee schedule may be found at the Town Hall. 6. Special Requests The Zoning Administrator or any official, board or, commission before which an application or petition is pending may require an applicant or petitioner to submit additional data, information, or documentation if necessary or appropriate to achieve a full and proper consideration and disposition of the particular application or petition. Section 3-2. Successive Applications 1. Second Applications without New Grounds Barred When an application or petition filed pursuant to this Ordinance has been denied on its merits, a second application or petition seeking essentially the same relief shall not be brought for a period of one year from the denial date. However, if in the opinion of the Zoning Administrator there is substantial new evidence available, or a misinterpretation of law or fact occurred that significantly affected the prior denial, such second application or petition may be allowed. 2. New Grounds to Be Stated Any such second application shall include a detailed statement of the grounds justifying its consideration. 3. Summary Denial With or Without Hearing The Zoning Administrator may summarily deny, without hearing, any such second application or petition on a finding that no grounds warrant a new hearing. In any case where such application or petition is set for hearing, the applicant shall be required to establish grounds warranting reconsideration of the merits of its application prior to being allowed to offer any evidence on the merits. Unless such grounds are established, the application may be summarily dismissed for such failure. 4. Exception Whether or not new grounds are stated, any second application or petition filed more than one year after the denial of a prior application shall be filed in compliance with Section 3-1 and heard on the merits as though no prior application had been filed. The applicant or petitioner shall, however, be required to place in the record all evidence available concerning changes of conditions or new facts that have developed since the denial of the first application or petition. In the absence of such evidence, it shall be presumed that no new facts exist to support the new application or petition that did not Town of Avon, Indiana 18. Town Ordinance 2002-14

exist at the time of the denial of the first application or petition. Section 3-3. Notice 1. Notice of Public Hearing For any review procedure that requires a public hearing, the Town shall arrange for the publication of notice in conformance with Indiana Code 5-3-1 et. seq., and the rules of the particular municipal body, board, or commission. The applicant or petitioner shall bear the expenses for the advertising costs. 2. Notice of Public Hearing through Posted Sign In addition to the notice required by Indiana Code 5-3-1 et. seq., the Zoning Administrator shall require that a sign be posted on the affected property not less than ten (10) calendar days prior to the hearing. The sign shall state the date that a hearing will be held, including its time and place and a description of the matter to be heard. The posting of the sign shall the responsibility of the petitioner. 3. Notice of Interested Parties. A. In addition to the other notice provided, the applicant or petitioner shall provide notice to interested parties at least ten (10) calendar days before the date set for the hearing. Such interested parties shall be sent written notice by first class mail, at the applicant s expense. Proof of such notice by Affidavit shall be required. B. In accordance with its rules, the Plan Commission or the Board of Zoning Appeals as the case may be, shall determine who are interested parties. Notwithstanding the forgoing, if the subject matter of the proposal abuts or includes a county line or a county line street, road, or body of water, then all owners of real property to a depth of two (2) ownerships or one-eighth (1/8) of a mile into the adjacent county, whichever is less, are interested parties who must receive notice. C. The applicant or petitioner shall also send written notice to all neighborhood associations or civic associations which have registered with the Town to receive notice of public hearings. Such notice shall be provided in the same manner as the notice for interested parties as stated in subsection A. Section 3-4. Review and Hearings 1. Staff Review The Zoning Administrator shall refer every application or petition for which this Ordinance requires a public hearing to the appropriate Town official, departments and committees. Each official, department and committee to which an application or petition is referred will be asked to review such application and submit its comments thereon in writing to the Zoning Administrator for transmittal to the specific official or body hearing the application or petition. Such comments shall be submitted at least ten (10) calendar days prior to the date set for the hearing and shall be made available to any person on request prior to the hearing. 2. Public Hearing The provisions of this Ordinance and the rules established by the body or official conducting the hearing shall govern all other matters pertaining to the conduct of hearings. Town of Avon, Indiana 19. Town Ordinance 2002-14

3. Examination and Copying of Application and Other Documents At any time following the giving of notice as required in Section 3-3, and upon reasonable request, any person may examine the application or petition and, subject to the exceptions set forth in the Indiana Access to Public Records Act, all other documents on file pertaining to the application. In addition, any person shall be entitled to copies of such application and documents upon reasonable request and payment of a fee as established, from time to time, by ordinance of the Town to cover the cost of such copies. Reserved for Future Use Town of Avon, Indiana 20. Town Ordinance 2002-14

CHAPTER 4. DEVELOPMENT REVIEW APPROVALS Section 4-1. Improvement Location Permits Section 4-2. Certificate of Occupancy Section 4-3. Variances Section 4-4. Special Exceptions Section 4-5. Appeals Section 4-6. Amendments Section 4-7. Interpretations Section 4-8. Development Plans Section 4-9. Temporary Use Permits Section 4-10. Written Commitments Section 4-1. Improvement Location Permits 1. Scope No building or other structure shall be erected, moved, added to, or structurally altered; nor shall any building, structure, or land be established or changed in use without an Improvement Location Permit issued by the Zoning Administrator. An Improvement Location Permit shall be issued only in conformity with the provisions of this Ordinance, or upon written order from the Board of Zoning Appeals deciding an appeal, special exception, or variance. 2. Application for Improvement Location Permit Applications for an Improvement Location Permit shall be filed in accordance with the requirements of Chapter 3 (Applications & Hearings) of this Ordinance. A. An application for an Improvement Location Permit shall be signed by the owner or agent attesting to the truth and accuracy of all information supplied in the application. B. Each application shall clearly state that the permit shall expire and may be revoked if work has not begun within one (1) year or completed within two (2) years. C. At a minimum, an application for an Improvement Location Permit shall contain the information, plans, and data set forth in Appendix A-2 of this Ordinance. D. An application for an Improvement Location Permit for an industrial use shall be accompanied by a Certificate of Compliance subscribed by a registered professional engineer or architect, certifying that the intended use will satisfy the requirements of this Section, the development standards within the particular zoning district, and the provisions of this Ordinance. 3. Action by the Zoning Administrator Within fifteen (15) business days after the receipt of a complete application, the Zoning Administrator shall either approve or disapprove the application. One set of the plans shall be returned to the applicant by the Zoning Administrator and be marked either approved or disapproved, and the Zoning Administrator s signature on the copy should attest. If the application is approved, the Zoning Administrator shall issue a Town of Avon, Indiana 21. Town Ordinance 2002-14

placard to the applicant. The placard is to be posted in a conspicuous place on the property in question and will attest to the fact that the plans for construction or alteration are in compliance with the provisions of this Ordinance. If disapproved, the Zoning Administrator shall notify the applicant indicating the reasons in writing for the disapproval within five (5) business days. 4. Expiration of the Improvement Location Permit The work or use authorized by any improvement location permit must be commenced within twelve (12) months of the date of issuance of such permit; otherwise the same shall expire and become void. All work so authorized shall be completed within twenty four (24) months from the issuance of the permit and, provided that for good cause shown the Zoning Administrator may extend the work completion time. 5. Failure to Obtain an Improvement Location Permit The failure to obtain an Improvement Location Permit as required by this Ordinance shall be deemed a violation of this Ordinance and subject to the provisions of Chapter 19 (Enforcement). 6. Limitation on Improvement Location Permits Improvement Location Permits issued on the basis of plans and applications approved by the Zoning Administrator authorize only the use or arrangement set forth in such approved application or amendments thereto, and no other use, arrangements, or construction. Any use, arrangement, or construction contrary to that authorized shall be deemed a violation of this ordinance and subject to the provisions of Chapter 19, (Enforcement). 7. Records of Improvement Location Permits Every Improvement Location Permit issued pursuant to this Section shall be kept on file in the Office of the Zoning Administrator and shall be available as a public record. Section 4-2. Certificate of Occupancy 1. Scope It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued by the Zoning Administrator. The certificate of occupancy shall state that the proposed use of the building and/or land conforms to the requirements of this ordinance and that the Zoning Administrator has inspected the property and attested to that fact. A. This Section is not intended to prevent a single family homeowner undergoing a single room addition to move or store personal property items in the addition prior to the issuance of the permit, provided however, the addition is not used or occupied as a livable space. 2. Application for Certificate of Occupancy Applications for a Certificate of Occupancy shall be filed with the Zoning Administrator thirty (30) calendar days prior to completion of the improvements to any building or premises. The application shall be in accordance with the requirements of Chapter 3 (Applications & Hearings) of this Ordinance. Town of Avon, Indiana 22. Town Ordinance 2002-14

3. Change in Use No change shall be made in the use of land or the use of any building or part thereof, now or hereafter erected, reconstructed, or structurally altered, without a Certificate of Occupancy having been issued by the Zoning Administrator; and no such Certificate shall be issued to make such change unless it is in conformity with the provisions of this ordinance. 4. Change of Occupancy No persons, firms, or corporations shall move into or occupy any nonresidential structure, new or existing, or the land upon which it is located, without first obtaining a Certificate of Occupancy from the Zoning Administrator. 5. Issuance of Certificate of Occupancy Certificates of Occupancy may be issued by the Zoning Administrator within ten (10) business days after notification by the applicant that the lawful erection, reconstruction, or structural alteration of such building or other improvement of the land shall have been completed and the finding of the Zoning Administrator that such erection, reconstruction, or structural alteration is complete. 6. Temporary Certificate of Occupancy A Temporary Certificate of Occupancy may be issued by the Zoning Administrator for a period of six (6) months during alterations or partial occupancy of a building or structure pending its completion. A Temporary Certificate of Occupancy may be administratively renewed by the Zoning Administrator for a period not to exceed six (6) additional months. Prior to the expiration of an administratively renewed Temporary Certificate of Occupancy, an appeal to the Board of Zoning Appeals requesting an additional renewal of the Temporary Certificate of Occupancy for a period not to exceed twelve (12) additional months may be filed. The Board of Zoning Appeals may approve or approve with conditions the renewal appeal only upon the determination and written findings that: A. The renewal request arises from some condition peculiar to the property involved; and B. A strict application of the twelve month limit would constitute an unnecessary hardship if applied to the property for which the appeal is sought. In no case shall a Temporary Certificate of Occupancy be valid for a period longer than twenty-four (24) months. 7. Failure to Obtain a Certificate of Occupancy Failure to obtain a Certificate of Occupancy shall be a violation of this ordinance and subject to the provisions of Chapter 19 (Enforcement). 8. Limitation on Certificates of Occupancy Certificate of Occupancy permits issued on the basis of plans and applications approved by the Zoning Administrator authorize only the use or arrangement set forth in such approved application or amendments thereto, and no other use, arrangements, or construction. Any use, arrangement, or construction contrary to that authorized shall be deemed a violation of this ordinance and subject to the provisions of Chapter 19 (Enforcement). Town of Avon, Indiana 23. Town Ordinance 2002-14

9. Records of Certificate of Occupancy Every Certificate of Occupancy issued pursuant to this Section shall be kept on file in the Office of the Zoning Administrator and shall be available as a public record. Section 4-3. Variances The variance procedures are intended to provide a narrowly circumscribed means by which relief may be granted from the strict applications of this Ordinance that may result in practical difficulties or unnecessary hardships. Where relief may be more appropriately remedied, if at all, pursuant to other provisions of this Ordinance, the variance procedure is inappropriate. 1. Authority The Board of Zoning Appeals may authorize, in specific cases, such variances from the terms of this Ordinance as will not be contrary to the public interest and where, owing to special conditions, a strict application of the provisions of this Ordinance would result in practical difficulty or unnecessary hardships. 2. Parties Entitled to Seek Variance The owner or lessee of a property or other person having a legal or equitable interest in the subject property may file with the Zoning Administrator an application for variance. 3. Procedure for Review and Decision A. Application Applications for a variance shall be filed in accordance with the requirements of Chapter 3 (Applications & Hearings). B. Action by Zoning Administrator Upon receipt of a properly completed application for variance, the Zoning Administrator shall transmit the application to the Board of Zoning Appeals together with all other administrative reports and recommendations regarding the proposed application. The application shall be scheduled for a public hearing in accordance with the requirements of Chapter 3 (Applications & Hearings). C. Notice Notice of the public hearing shall be provided in accordance with the requirements of Chapter 3 (Applications & Hearings). (a) In addition, the Board of Zoning Appeals has determined for purposes of IC 36-7- 4-920 that interested parties are all persons with a legal interest in the property and all owners of real property within a distance of six hundred sixty (660) feet or a depth of two (2) ownerships, whichever is less. Such interested parties shall be sent written notice by first class mail, at the applicant s expense, at least ten (10) calendar days before the date of the hearing. Proof of such notice by Affidavit shall be required. If however, the subject matter of the proposal abuts or includes a county line or a county line street, road, or body of water, then all owners of real property to a depth of two (2) ownerships or one-eighth (1/8) of a mile into the adjacent county, whichever is less, are interested parties who must be sent notice. Town of Avon, Indiana 24. Town Ordinance 2002-14