A. Generally. Written commitments are documents that bind the applicant and subsequent owners to restrictions with regard to the use or development of a parcel proposed for development. These commitments may be more restrictive than the applicable provisions of this UDO.
B. Parties Bound. Unless a written commitment is modified or terminated, it is binding upon:
1. The owner of the parcel proposed for development;
2. Subsequent owners of the parcel proposed for development; and
3. Any person who acquires an interest in the parcel proposed for development.
C. Effect on Other Recorded Restrictions. This Section does not affect the validity of any lawfully created covenant, easement, equitable servitude, or other land use restriction.
D. Creation. Written commitments may be offered in either of the following ways:
1. A summary of proposed written commitments, if any, may be submitted with an application for approval of a rezoning, planned unit development ordinance, master plan, special use, or variance; or
2. Written commitments suggested by a recommending body during a public hearing shall be provided to the City at least fourteen days prior to the meeting of that body in which a vote is taken on the application.
E. Modification or Termination.
1. Written commitments may be modified or terminated by the body specified in subsection K., L., or M., when:
a. They are moot;
b. Their purpose is frustrated or their completion is impossible, and a modification would better and more efficiently serve the original purpose;
c. They are no longer necessary due to changed conditions; or
d. The approval to which they relate is voluntarily abandoned and no construction has commenced.
2. Written commitments automatically terminate if, after the approval to which they relate and under a separate application unrelated to the one in which the written commitments
a. The zone map applicable to the parcel proposed for development is changed; or
b. The parcel proposed for development is designated as a planned unit development district.
F. Form. Written commitments shall be provided in a form approved by the City Attorney.
G. Enforcement. Written commitments shall include an enforcement clause that allows the City to seek all enforcement remedies, including declaratory and injunctive relief, which shall allow for mandatory injunctions. The body that approves a written commitment may also require it to include other parties with a right of enforcement if such right of enforcement is reasonably necessary to accomplish the purposes of the written commitment.
H. Notice. When written commitments are to be considered at public hearing, the public notice (pursuant to Section 15.309, Notice) shall so indicate.
I. Effective Date. Written commitments shall take effect upon the approval of the application to which they relate.
J. Recording. All written commitments made under this section shall be recorded in the Office of the Porter County Recorder. However, a commitment is binding on the owner of the parcel proposed for development even if the commitment is not recorded, except as provided by Indiana law.
K. Rezonings and Planned Unit Development Ordinances.
1. Subsections A. through J. shall apply to written commitments attached to rezonings and planned unit development ordinances.
2. The City Common Council may permit or require written commitments as a condition of rezoning or planned unit development ordinance approval in order to ensure:
a. Compliance with the conditions of the approval;
b. The provision of adequate public infrastructure;
c. The mitigation of offsite impacts created by the proposed development;
d. The protection of natural resources;
e. The protection of adjacent uses from potentially incompatible uses;
f. The protection of the functional integrity of public infrastructure; or g. The protection of community character.
3. The City Common Council may modify or terminate written commitments after duly noticed public hearing.
L. Master Plans.
1. Subsections A. through J. shall apply to written commitments attached to master plans, unless the Plan Commission adopts alternative rules:
a. Governing the creation, form, recording, modification, enforcement, and termination of commitments; and
b. Designating which specially affected persons and classes of specially affected persons are entitled to enforce commitments.
2. A written commitment made pursuant to this subsection may be modified or terminated only by the Plan Commission after duly noticed public hearing.
M. Special Uses and Variances.
1. Subsections A. through J. shall apply to written commitments attached to master plans, unless the Board of Zoning Appeals adopts alternative rules:
a. Governing the creation, form, recording, modification, enforcement, and termination of commitments; and
b. Designating which specially affected persons and classes of specially affected persons are entitled to enforce commitments.
2. Written commitments for special uses and variances, even if originally approved by the Hearing Officer, may be modified or terminated only by the Board of Zoning Appeals.
3. Conditions imposed on the granting of a special use or variance are not subject to the rules applicable to written commitments. By permitting or requiring written commitments, the Board of Zoning Appeals does not obligate itself to approve or deny any request.
Sec. 15.312 Approval; Effect of Approval
A. Generally. Approval of an application authorizes only the particular use, plan, or other specific activity for which the approval was granted. Approvals run with the land that is the subject of the approval. Exceptions are text amendments and use interpretations, which generally impact more than one parcel of land.
B. Writing and Findings Required. Approvals shall be reduced to writing and shall include findings that support the decision. For administrative approvals, the approval and findings shall be signed by the Staff member who is ultimately responsible for the decision. For discretionary approvals and appeals, the approval and findings shall be signed by the person who presided over the meeting in which the decision was made.
C. Expiration of Approvals.
1. Permitted time frames for an approval do not change with changes in ownership and shall expire as indicated in Table 15.312, Time Limitations and Extensions, if either of the following occur:
a. A building permit or site permit has not been issued to establish the use authorized in the approval.
b. The use does not require a building permit and is not established, ongoing, and in operation.
2. Although a permit may expire, nothing in subsection C.1. abrogates the right to a seek a new permit that may be conferred by IC 36-7-4-1109.
3. Owner-builder permits shall expire upon change of ownership, unless they are transferred within five days of closing.
4. Any approval not listed shall not expire. Such approvals shall continue in force until superseded by an amendment to this UDO, a subsequent, inconsistent application, or other similar specific action that would alter the approval.
D. Extensions.
1. Upon written request and good cause shown, one extension may be granted by the decision-making body for a period not to exceed the original approval period. No request for an extension shall be considered unless a written application requesting the extension is submitted to the responsible official no later than one month prior to the expiration of the approval. Failure to submit an application for an extension within the time limits established by this Section shall result in the approval's expiration as provided above.
2. This subsection does not apply to building permits if evidence of good-faith effort toward completion is provided to the Building Commissioner.
E. Appeals. If there is an appeal or litigation during the time period that limits the applicant's ability to proceed, the appeal or litigation shall suspend the expiration date, and the date shall be recalculated when the appeal or litigation, including appeals, is complete. The new expiration date shall be established by adding the number of days that the approval remained valid before the appeal or litigation commenced to the date the appeal or litigation was completed by a final, nonappealable order. This Subsection does not apply if the litigation is for violation of this UDO.
Table 15.312:
Time Limitations and Extensions
Application Type Time Limitation
Zoning Clearance Permit 12 months
Floodplain Permit 180 days to actual start of construction, and, after
actual start of construction, same as site permit
Site Permit 6 months to commencement of construction, and 3 years to completion
Facade Improvement Permit 12 months
Sign Permit 90 days
Limited Use Permit 12 months
Special Use 24 months1
Variance (Use or Development Standards) None, except if a condition of approval
Development Plan Approval 36 months
Primary Plat 18 months
Building Permit 90 days unless otherwise approved by Building Commissioner; or
expires due to 30 days of dormancy or abandonment.
1 Unless specified otherwise in the approval. The approval may also specify periodic review, at which time the approval could be terminated.
Reference: C.2., IC 36-7-4-1109