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Notice of Public Hearing - Thorntown Plan Commission - Unified Development Ordinance

1/12/2026

TOWN OF THORNTOWN, INDIANA

NOTICE OF PUBLIC HEARING

Thorntown Plan Commission

 

The Thorntown Advisory Plan Commission will hold a Public Hearing concerning the adoption of a new Unified Development Ordinance (UDO) for the Town of Thorntown on Monday, January 26, 2026 at 6:00 PM in the Thorntown Town Hall, 101 W. Main St., Thorntown, IN 46071. The proposed UDO will replace all current ordinances concerning planning and zoning processes and procedures, zoning districts and standards, development standards, and subdivisions, and apply to all property within the jurisdiction of the Town of Thorntown.

 

Included in the replacement UDO are the following provisions concerning penalties for violations of the UDO:

 

    1. Whenever a violation of this UDO occurs, or is alleged to have occurred, any person may file a written complaint on the form approved by the PC as part of the adopted PC Rules and Procedures.
    2. The complaint shall fully state the causes and basis of the alleged violation and shall be filed with the Administrator.
    3. The Administrator or their designee shall have authority to enter upon property at any time to investigate a written complaint.
  2. Investigation of Complaints.
    1. Upon receipt of a complaint that would constitute a violation of the UDO (which shall include adequate information to investigate), the Administrator shall open a violation file and conduct an investigation of the property alleged to be in violation within ten (10) calendar days. The Administrator may also refer the matter to the PC, BZA, or the PC attorney for review.
    2. Following this initial investigation, the Administrator shall note the findings of the investigation in the file and determine if there is a violation and provide notice as outlined in Chapter 5, Section G.5: Notice of Violation. If the Administrator determines that no violation exists, the violation file shall be closed.
  3. ILP Violations.
    1. Any person or corporation who initiates construction prior to obtaining an ILP, Certificate of Occupancy, Certificate of Completion, or any other permit or authorization required herein, shall pay the fine as set forth in the Fee Schedule.
    2. The owner or tenant of any building, structure, or premises and any other person who participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties prescribed by this section.
    3. No ILP or Certificate of Occupancy shall be issued for any building, structure, or improvement unless the location of the building, structure, or improvement conforms to this UDO.
  4. UDO Violations.
    1. No owner or agent of the owner of any parcel of the land located in a proposed subdivision shall transfer, sell, or convey any part of the parcel before a secondary plat of the subdivision has been approved by the PC in accordance with the provisions of these regulations and filed with the Recorder’s Office.
    2. In accordance with IC 36-1-6-2, if a property is found to be in violation of this UDO, the Administrator or their designee may enter onto the property and take appropriate action to bring the property into compliance. Furthermore, continuous enforcement orders as defined in IC 36-7-9-2 can be enforced and liens may be assessed.
    3. It shall be the duty of the Administrator to periodically research the applicable County records and perform the other necessary investigations to detect any violations of this UDO.
    4. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by these regulations until the proposed subdivision has been approved by the PC in accordance with these regulations and filed with the County Recorder except as outlined in this UDO.
    5. The Administrator shall enforce these regulations and bring to the attention of the PC Attorney any violations or lack of compliance herewith. The PC Attorney shall take steps necessary under the Indiana Code to civilly enjoin any violation of these regulations.
  5. Notice of Violation.
    1. If the Administrator determines that a violation exists, they shall issue a written Notice of Zoning Violation to the legal owner of record, the current occupant/resident, any known mortgagee-in-possession, and any other known person believed to hold a possessory interest in the subject property. The Notice of Zoning Violation shall be provided in the following three (3) ways. If the certified letter is returned undelivered, the other means of notification shall be deemed adequate, and no further notification shall be required.
      1. Sent by certified mail;
      2. Sent by first class mail; and
  • Posted in a conspicuous location at the subject property.
  1. The Notice of Zoning Violation shall:
    1. Detail the specific nature of the violation;
    2. Cite the section(s) of the UDO allegedly violated;
  • State the penalty / fine that has been assessed;
  1. State that the Administrator will waive the fine if the violation is resolved through one of the options outlined in Chapter 5, Section G.6: Options to Remedy a Violation;
  2. Provide options for remedying the violation;
  3. Establish a date not more than fourteen (14) calendar days following the date of mailing of the Notice of Zoning Violation, by which resolution of the violation must occur; and
  • Indicate the possible additional fines and penalties that may accrue if the violation remains unresolved.
  1. Options to Remedy a Violation. Upon receipt of a Notice of Zoning Violation, the owner of the subject property shall take one of the following actions no later than the deadline established in the Notice:
    1. Option 1: Take Corrective Action.
      1. The owner of the subject property may correct the violation by bringing the property into compliance with the standards of the UDO. Upon correction within the time allotted as stated in the Notice and following a site inspection by the Administrator or their designee confirming compliance, the Administrator shall close the Notice of Zoning Violation case, waive the fine, and notify the person who filed the complaint of the matter via first class mail.
      2. At the discretion of the Administrator, a written alternative timeline proposed by the subject property owner may be accepted by the Administrator if there are reasonable circumstances that necessitate additional time, but it shall provide for the full remedy of the zoning violation in a timely and reasonable manner. Examples could include, but are not limited to, paving when asphalt plants are closed for the winter, supply-chain delays in delivering necessary materials, or reasonable lead time to mobilize a contractor. Subsequent deviation from the approved alternative timeline shall result in continuing enforcement activity as prescribed by the UDO.
    2. Option 2: File a Land Use Petition or Appeal.
      1. The owner of the subject property may file a land use petition with the PC (zone map amendment) and/or BZA (special exception or variance from development standard). No additional enforcement actions shall be performed, and no additional fines shall be imposed while the petition is pending.
      2. If the land use petition is denied, withdrawn, or dismissed and the violation continues, enforcement activity shall continue as prescribed by the UDO.
  • If the land use petition or the appeal is approved, the Administrator shall close the Notice of Zoning Violation case, waive the fine, and notify the owner and person who filed the complaint of the matter via first class mail.
  1. Option 3: File an Appeal of the Administrator’s Decision.
    1. The owner of the subject property may file an Appeal of the Administrator’s Decision with the BZA to attempt to remedy the violation. Any such petition must be filed in accordance with the applicable procedures by the date indicated on the Notice.
    2. As established in IC 36-7-4-1604, a petition for judicial review of a BZA decision may be filed only after exhausting all administrative remedies available. Failure to timely object to a zoning decision or timely petition for review of a zoning decision within the period prescribed waives the right to judicial review.
  • Judicial review of a BZA decision is prescribed and limited by IC 36-7-4-1611.
  1. Failure to Remedy and Ongoing Enforcement.
    1. If at least ninety (90) days have elapsed from the mailing of a Notice of Zoning Violation and the violation has not been resolved, the Administrator shall record a statement tallying all outstanding fees and fines related to the Notice of Zoning Violation, as provided by IC 36-1-6-2. The statement shall include the name of the owner(s) of the parcel of real property on which fees are delinquent; the legal description of the subject property as shown on the records of the County Auditor; and the amount of the delinquent fees.
    2. The statement shall be recorded with the County Recorder, who shall charge a fee for recording the statement under the fee schedule established in IC 36-2-7-10.
  • A lien shall then be placed on the property owner’s tax duplicate. The total amount, including any accrued interest and/or recording fees, shall be collected in the same manner as delinquent taxes are collected and shall be distributed to the town’s general fund.
  1. If the violation is not corrected within thirty (30) days following the imposition of a lien as noted above, a lawsuit may be commenced by the designated enforcement entity in a court of general jurisdiction in Boone County, Indiana, as prescribed in this UDO, IC 36-1-6, and by other applicable laws and ordinances.
  1. Penalties and Fines.
    1. Any person who violates or fails to comply with any provisions of this UDO shall be guilty of an ordinance violation.
    2. Upon the issuance of the Notice of Zoning Violation, the owner may be liable for a fine of five hundred dollars ($500.00). Each violation shall be considered a separate and distinct offense.
  • If the jurisdiction is required to institute legal action to enforce this UDO, or to collect a fine thereunder, the violator shall also be responsible for the jurisdiction’s reasonable attorney fees and all costs related to the enforcement or collection.
  1. In addition to the initial fine attached to the Notice of Zoning Violation, the owner of the subject property may be additionally liable for an additional fine of five hundred dollars ($500.00) per violation per day if the owner has not initiated one of the options to remedy the violation as outlined in this chapter.
  2. All fines prescribed by the section for civil zoning violations shall be paid within fourteen (14) calendar days (or longer as prescribed by the Administrator). Fines shall be made payable to the Town of Thorntown and delivered to the Administrator. Payment of a fine does not allow the violation to continue or constitute a correction of the violation.
  3. Except as otherwise ordered by a court, the Administrator may, at their discretion and as prescribed in this UDO, waive some or all assessed fines following the full and timely correction of a violation.
  • If there is an unresolved violation on a parcel, no building permit application or land use petition may be filed unless it is intended to remedy the violation as allowed by this UDO.
  1. Civil Penalties. The seeking of a civil penalty under this chapter does not preclude the PC from seeking alternative and additional relief from a court of competent jurisdiction in the same action or from seeking any other relief provided by law in a separate action for the enforcement of this UDO.
  2. Suit for Injunction. The PC, the BZA, the Administrator, any designated enforcement official, or any person or persons, firm, or corporation, jointly or severally, may institute a suit for injunction in the Circuit or Superior Courts of Boone County to restrain an individual, corporation, or government unit from violating the provisions of this ordinance. The PC or BZA may also institute the suit for mandatory injunction directing an individual or corporation or a governmental unit to remove a structure erected in violation of the provisions of this ordinance or the requirements thereof, or to enforce any other provision of this ordinance, and said violation being declared to be a common nuisance and as such may be abated in such a manner as nuisances are now or may hereinafter be abated under existing law.
  1. Stay of Work Pending Appeals, Restraining Order, and Enforcement Stay.
    1. Stop Work during an Appeal of Administrative Decision.
      1. When an appeal from the decision of the Administrator has been filed with the BZA, all proceedings and work on the premises affected shall be stayed (stopped) unless the Administrator certifies to the BZA that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In that case, proceedings or work may not be stayed except by restraining order.
      2. After the owner, or a person in charge of the work on the premises affected, has received notice that an appeal has been filed, the entity charged with the enforcement of the UDO may order the work stayed (stopped) and may call on the police power of the municipality to give effect to that order.
    2. Restraining Order. After notice to the Administrator or BZA and to the owner of the premises affected and after due cause is shown, the Circuit or Superior Court in which the premises affected are located may grant the restraining order.
    3. Attorney’s Fees. Notwithstanding anything contained in this UDO to the contrary or appearing to be to contrary, and in addition and supplementary to other provisions of this UDO, if the PC, BZA or the jurisdiction is required to utilize the services of the respective Attorney or any other attorney in investigating a possible violation of this UDO or enforcing the provisions of this UDO before any board or a court (including appeals), and such investigation results in a determination that a violation has occurred or if the BZA or jurisdiction is successful in its enforcement of the UDO by way of suit, appeal, or other appropriate proceeding, the respondent, defendant, or party investigated for a violation shall pay the jurisdiction’s reasonable attorney fees and all costs related to the investigation of the violation and/or the enforcement of this UDO, unless such attorney fees or costs are specifically waived by the legislative body.

 

Written suggestions or objections concerning this ordinance may be filed with the Planning Administrator, at or before such meeting and will be heard by the Commission. Interested persons desiring to present their views, either in writing or verbally, will be given the opportunity to be heard at the above-mentioned time and place. These hearings may be continued from time to time as found necessary by the Commission.

 

Copies of the proposal are on file in the Town Hall located at 101 W. Main Street for examination before the meeting during business hours between 8:00 AM and 4:30 PM, Monday – Friday. A copy of the proposal will appear on the web page at www.townofthorntown.com, APC meeting agendas – January 26, 2026 prior to the meeting date.

 

Thorntown Planning Commission

Marcellus Johnson, Secretary