Brazil City Zoning Code
IMPROVEMENT LOCATION
PERMIT
§ 155.190 PERMIT REQUIRED.
(A) Within the territorial jurisdiction of the 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 Comprehensive Master Development Plan, the ordinances of the city and an improvement location permit for the structure, improvement or use has been issued.
(B) It is declared that the intent of the permit requirements of this subchapter shall not prevail with respect to a structure, including a dwelling that is clearly incidental to agricultural operations, or a farm.
(Prior Code, § 156.185) (Ord. 13-1964, passed 8-11-1964) Penalty, see § 155.999
§ 155.191 ISSUANCE.
The Planning Administrator shall issue an improvement location permit, on written application, when the proposed structure, improvement or use and its location conform in all respects to the Comprehensive Master Development Plan for the city.
(Prior Code, § 156.186) (Ord. 13-1964, passed 8-11-1964)
§ 155.192 APPLICATION AND FEES.
(A) Every application for an improvement location permit shall be accompanied by a site plan, drawn to scale, showing the location of the structure, improvement or use to be altered, changed, placed, erected or located, the dimensions of the lot to be improved, the size of yards and open spaces, existing and proposed streets and alleys adjoining or within the lot and the manner in which the location is to be improved.
(B) Application for an improvement location permit shall be accompanied by a fee as specified in § 155.151(A) and (D).
(Prior Code, § 156.187) (Ord. 13-1964, passed 8-11-1964; Ord. 5-1983, passed 3-28-1983)
§ 155.193 APPEALS TO THE BOARD OF ZONING APPEALS.
Any decision of the Planning Administrator concerning the issuance of an improvement location permit may be appealed to the Board of Zoning Appeals when the decision in question involves a requirement of the Zoning Code, or to the Plan Commission when the decision in question involves the requirements of other parts of the Comprehensive Master Development Plan, by any person claiming to be adversely affected by the decision. A decision of the Plan Commission may be reviewed by certiorari procedures as provided for the appeal of zoning cases from the Board of Zoning Appeals.
(Prior Code, § 156.188) (Ord. 13-1964, passed 8-11-1964)
§ 155.194 AMENDMENTS.
All amendments of this subchapter shall be in conformance with I.C. 36-7-4-700, as amended.
(Prior Code, § 156.189) (Ord. 13-1964, passed 8-11-1964)
§ 155.195 ENFORCEMENT THROUGH ABATEMENT AND INJUNCTIONS.
(A) The Commission, 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 County Circuit Court to restrain an individual or a governmental unit from violating the provisions of this subchapter.
(B) 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 subchapter. Any building erected, raised or converted, or land or premises used in violation of any provisions of this subchapter or the requirement thereof, is declared to be a common nuisance and as so may be abated in a manner as nuisances are now or may hereafter be abated under existing law.
(Prior Code, § 156.190) (Ord. 13-1964, passed 8-11-1964)