Attica City Zoning Code
18.90 Administration
Statutory reference: IC 36-7-4-800 et seq. addresses improvement location permits.
18.90.010 Enforcement of this title.
It shall be the duty of the building commissioner, as appointed by the mayor, and approved by the common council, to enforce this title. The building commissioner shall receive applications required by this title, and issue permits. He or she shall examine areas for which permits have been issued and shall make necessary inspections to see that the provisions of this title are being upheld. He or she may be provided with assistance by the clerk-treasurer and city attorney. [Ord. 6, 1990 § 7-1; Code 1999 § 10-34.]
18.90.020 Improvement location permit.
A. Within the jurisdictional area of the city plan commission, no structure, improvement, or use of land may be altered, changed, placed, erected, or located on platted or unplatted lands unless the structure, improvement or use and its location conform with the master plan and ordinances of the city and an improvement location permit for such structure, improvement, or use has been issued, except that no permit is required for buildings used exclusively for agricultural purposes on a tract of land containing five acres or more unless used for residence purposes.
B. An application for improvement location permit must be made in duplicate and accompanied by scale drawing, showing the dimensions in the size and shape of the lot to be built upon; the size and location of existing buildings and the location and dimension of the proposed building or alteration.
C. In addition, the application shall be accompanied by the following documents:
1. An affidavit that a conspicuous sign will be placed in the applicant’s yard at least five days prior to the issuance of an improvement location permit. Such a sign may be obtained at the clerk-treasurer’s office.
2. The application for improvement location permit shall identify all interested parties which consist of each person who owns an interest in the real estate set forth in the application, owners of property abutting the real estate involved in the petition, including owners of real estate at corners, across streets, alleys or easements, as well as others who may share a common boundary and all other persons who, in the opinion of the applicant, have an interest in the outcome of the petition.
D. The building commissioner of the city shall issue an improvement location permit upon written application as set forth herein, when the proposed structure, improvement, or use and its location conform in all respects to the master plan of the city.
E. Every improvement location permit issued under provisions of this title shall expire by limitations and shall become null and void, that the work authorized by this permit is not complete within 120 days from the date of said permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 120 days, except by extension issued by the building commissioner. At no time shall the building or work authorized by such permit exceed a period of 12 months in construction time, except by extension issued by the building commissioner. [Ord. 15, 1990; Ord. 6, 1990 § 7-2; Ord. 9, 2001; Code 1999 § 10-35.]
18.90.030 Fees.
To partially defray the cost of administering this title, a fee shall be charged for each permit and collected by the clerk-treasurer. Such fees are as follows:
A. A fee of $25.00 shall be paid and collected upon the first $1,000 expended for proposed construction, reconstruction or alteration.
B. An additional fee of $2.00 per $1,000 or fraction thereof shall be paid and collected in excess of $1,000 expended for proposed construction, reconstruction or alteration.
C. The applicant shall bear the cost of any notice required to be published.
D. There shall be no fee charged if the improvement location permit is for the erection of a fence or a wheelchair accessibility ramp at a residential structure. [Ord. 3, 2015 § 1; Ord. 6, 1990 § 7-3; Ord. 4, 2003 § 1; Code 1999 § 10-36.]
18.90.040 Appeal to board of zoning appeals.
Any decision of the building commissioner of the city concerning the issuance of an improvement location permit may be appealed to the board of zoning appeals by any person claiming to be adversely affected by such decision. [Ord. 6, 1990 § 7-4; Code 1999 § 10-37.]
18.90.050 Certificate of occupancy.
A. No land shall be occupied or used and no building hereafter erected, reconstructed or structurally altered shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the building commissioner stating that the building and use comply with all of the provisions of this title applicable to the building or premises or the use in the district in which it is to be located.
B. No change in use shall be made in any building or part thereof, now or hereafter erected, reconstructed or structurally altered without a certificate of occupancy having been issued by the building commissioner, and no such permit shall be issued to make such change unless it is in conformity with the provisions of this title.
C. Certificate of occupancy shall be applied for coincidentally with the application for an improvement location permit and shall be issued within 10 days after the lawful erection, reconstruction, or structural alteration of such building shall have been completed.
D. A record of all certificates of occupancy shall be kept on file in the office of the building commissioner and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building or land affected.
E. No improvement location permit shall be issued for excavating or for the erection, reconstruction, or structural alteration of any building before application has been made for a certificate of occupancy. [Ord. 6, 1990 § 7-5; Code 1999 § 10-38.]