Brazil City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 155.020 ROLE OF PLANNING ADMINISTRATOR.
The Planning Administrator is designated and authorized to enforce this chapter.
(Prior Code, § 156.020) (Ord. 12-1964, passed 8-11-1964)
§ 155.021 REQUIREMENTS FOR AN IMPROVEMENT LOCATION PERMIT.
(A) Any person who shall make application for an improvement location permit shall, at the time of making that application, furnish a site plan or development plan of the real estate on which the application is made at least five days prior to the issuance of the improvement location permit. Five days may be waived by the Planning Administrator.
(B) The site plan shall be drawn to scale showing the following items, both existing and proposed:
(1) Legal or site description of the real estate involved;
(2) Location and size of all buildings and structures;
(3) Width and length of all entrances and exists to and from the real estate; and
(4) All adjacent and adjoining roads and highways.
(C) An application for an improvement location permit for any enclosed industrial use or open industrial use, subject to the provisions of this chapter and § 155.168, shall be accompanied by a certificate of compliance subscribed by a registered professional engineer or architect, certifying that the use intended will satisfy the standards of the enclosed industrial use or open industrial use, as the case may be, and in the district in which it is to be located.
(D) (1) The Planning Administrator may take ten days in which to study the application, during which time he or she may consult with appropriate technical consultants.
(2) If, after the ten-day period, the Planning Administrator has not required any additional information or stated any objections in writing, the Planning Administrator shall issue the improvement location permit.
(E) Site plans or development plans so furnished shall be filed and shall become a permanent public record.
(Prior Code, § 156.021) (Ord. 12-1964, passed 8-11-1964)
§ 155.022 ISSUANCE OF IMPROVEMENT LOCATION PERMIT FOR SPECIAL EXCEPTIONS.
The Planning Administrator shall issue an improvement location permit for a special exception only following receipt of notice from the Board that the application therefor has been approved by the Board.
(Prior Code, § 156.022) (Ord. 12-1964, passed 8-11-1964)
§ 155.023 CERTIFICATE OF OCCUPANCY REQUIRED.
(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 stating that the building and use comply with all of the provisions of this chapter applicable to the building or premises or the use in the district in which it is to be located.
(B) When the improvement covered by the improvement location permit has been completed in substantial conformity with the site plan or development plan submitted in the application pursuant to § 155.021, a certificate of occupancy shall then be issued.
(Prior Code, § 156.023) (Ord. 12-1964, passed 8-11-1964)
§ 155.024 REQUIREMENTS TO MAKE CHANGES TO USE OF LAND OR BUILDINGS.
No change shall be made in the use of land, except as provided in this chapter, 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 Planning Administrator, and no certificates shall be issued to make a change unless it is in conformity with the provisions of this chapter.
(Prior Code, § 156.024) (Ord. 12-1964, passed 8-11-1964)
§ 155.025 SIMULTANEOUS FILING FOR CERTIFICATE OF OCCUPANCY AND IMPROVEMENT LOCATION PERMIT.
A certificate of occupancy shall be applied for coincidentally with the application for an improvement location permit. It shall be issued within ten days after the lawful erection, reconstruction or structural alteration of the building or other improvement of the land shall have been completed.
(Prior Code, § 156.025) (Ord. 12-1964, passed 8-11-1964)
§ 155.026 RECORDS OF ALL CERTIFICATES OF OCCUPANCY.
A record of all certificates of occupancy shall be kept on file in the office of the Planning Administrator. Copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected.
(Prior Code, § 156.026) (Ord. 12-1964, passed 8-11-1964)
§ 155.027 ISSUANCE REQUIREMENTS.
No improvement location permit shall be issued for excavation for or the erection, reconstruction or structural alteration of any building, before application has been made for a certificate of occupancy.
(Prior Code, § 156.027) (Ord. 12-1964, passed 8-11-1964) Penalty, see § 155.999
§ 155.028 REVIEW OF MINIMUM LOT SIZE, WIDTH REQUIREMENTS AND SEWAGE DISPOSAL STANDARDS REQUIRED PRIOR TO ISSUANCE.
An application for an improvement location permit for any use shall not be approved until it has been ascertained by the Planning Administrator that the proposed use and minimum lot size and width meets the minimum standards for a sewage disposal system as required by the City or County Health Officer.
(Prior Code, § 156.028) (Ord. 12-1964, passed 8-11-1964)
§ 155.029 SIX-MONTH REQUIREMENT TO COMMENCE AUTHORIZED WORK OR USE AND TWO-YEAR COMPLETION DEADLINE.
The work or use authorized by any improvement location permit, certificate of occupancy or permit for a variance, contingent use or other permit, except for a special exception, must be commenced within six months of the date of the issuance of a certificate or permit, otherwise the same shall lapse and be and become null and void. All work so authorized shall be completed within two years from the issuance of the certificate or permit therefor, except for a special exception, and provided that for good cause shown the Planning Administrator may extend the work completion time.
(Prior Code, § 156.029) (Ord. 12-1964, passed 8-11-1964)
§ 155.030 BOARD OF ZONING APPEALS; MEMBERSHIP AND MEETINGS.
(A) A Board of Zoning Appeals is established with membership and appointment provided in accordance with I.C. 36-7-4-700 and all acts now or hereafter amendatory thereto.
(B) At the first meeting of each year, the Board shall elect a Chairperson and a Vice-Chairperson from among its members. It may appoint and fix the compensation of a secretary and employees as are necessary for the discharge of its duties. All action shall be in conformity to and compliance with salaries and compensation theretofore fixed by the legislative authority.
(C) The Board shall adopt rules and regulations as it may deem necessary to effectuate the provisions of this chapter.
(D) (1) All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, keep records of its examinations and other official actions, prepare findings and record the vote of each member voting on each question.
(2) All minutes and records shall be filed in the office of the Board and shall be a public record.
(Prior Code, § 156.030) (Ord. 12-1964, passed 8-11-1964)
§ 155.031 POWERS AND DUTIES OF THE BOARD OF ZONING APPEALS.
(A) Any decision of the Planning Administrator in the enforcement of this chapter may be appealed to the Board by any person claiming to be adversely affected by the decision.
(B) The Board shall have the following powers and it shall be its duty to:
(1) Hear and determine appeals from and review any order, requirement, decision or determination made by the Planning Administrator in the enforcement of this chapter;
(2) Permit and authorize exceptions to the district regulations only in the classes of cases or in particular situations as specified in the section;
(3) Hear and decide on permits for special exceptions, development plans or other uses on which the Board is required to act under this chapter; and
(4) Authorize on appeal in specific cases variances from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions, fully demonstrated on the basis of the facts presented, a literal enforcement of the provisions of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done.
(C) In exercising its powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed form as in its opinion ought to be done in the premises. To that end, the Board shall have all the powers of the Planning Administrator from whom the appeal is taken.
(D) Every decision of the Board shall be subject to review by certiorari.
(E) The Board of Zoning Appeals shall approve or deny variances of use from the terms of the zoning ordinance. The Board of Zoning Appeals may impose reasonable conditions as a part of its approval. A variance under this section may be approved only, after a public hearing, there is a determination, in writing, that:
(1) The approval will not be injurious to the public health, safety, morals and general welfare of the community;
(2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;
(3) The need for the variance arises from some condition peculiar to the property involved;
(4) The strict application of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought; and
(5) The approval does not interfere substantially with the comprehensive plan adopted under the 500 series of this chapter.
(F) (1) The Board of Zoning Appeals shall approve or deny variances from the development standards (such as height, bulk, or area) of the zoning ordinance.
(2) The board may impose reasonable conditions as a part of its approval. A variance under this section may be approved only, after a public hearing, there is a determination, in writing, that:
(a) The approval will not be injurious to the public health, safety, morals and general welfare of the community;
(b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and
(c) The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property.
(3) Before approval of a proposal involving a structure regulated under I.C. 8-21-10 may become effective, the Board of Zoning Appeals must have received:
(a) A copy of:
1. The permit for the structure issued by the State Department of Transportation; or
2. The Determination of No Hazard to Air Navigation issued by the Federal Aviation Administration.
(b) Evidence that notice was delivered to a public use airport as required in I.C. 8-21-10-3 not less than 60 days before the proposal is considered.
(4) Only the Plan Commission may grant a waiver from standards that are fixed in the subdivision control ordinance.
(Prior Code, § 156.031) (Ord. 12-1964, passed 8-11-1964; Ord. 5-2023, passed 5-10-2023)
§ 155.032 ENFORCEMENT BY INJUNCTIONS THROUGH CIRCUIT COURT.
The Commission, the Board, the Planning Administrator or any designated enforcement official or any person, firm or corporation, jointly or severally aggrieved, may institute a suit for injunction in the Circuit Court of the county to restrain an individual or a governmental unit from violating the provisions of this chapter.
(Prior Code, § 156.032) (Ord. 12-1964, passed 8-11-1964)
§ 155.033 MANDATORY INJUNCTIONS TO REMOVE VIOLATING STRUCTURES.
The Commission or the Board may also institute a suit for mandatory injunction directing any individual, corporation or a governmental unit to remove a structure erected in violation of the provisions of this chapter.
(Prior Code, § 156.033) (Ord. 12-1964, passed 8-11-1964)
§ 155.034 ABATEMENT OF COMMON NUISANCES.
Any building erected, raised or converted, or land or premises used in violation of any provisions of this chapter is declared to be a common nuisance and as so may be abated in a manner so as nuisances are now or may hereafter be abated under existing law.
(Prior Code, § 156.034) (Ord. 12-1964, passed 8-11-1964) Penalty, see § 155.999