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Decatur City Zoning Code

CHAPTER 153

IMPROVEMENT LOCATION PERMITS

§ 153.01 IMPROVEMENT LOCATION PERMIT REQUIRED.

   Within the territorial jurisdiction 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 ordinance of the city, issuance of a land disturbance permit, if required under this code of ordinances has occurred and an improvement location permit for such structure, improvement or use has been issued.
(Prior Code, § 153.01) (Amended 7-22-2008)

§ 153.02 BUILDING INSPECTOR TO ISSUE PERMITS.

   The Building Inspector shall issue an improvement location permit, upon written application, when the proposed structure, improvement or use and its location conform in all respects to the master plan for the city.
(Prior Code, § 153.02)

§ 153.03 SITE PLAN; PERMIT FEE.

   (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 of $50.
(Prior Code, § 153.03)

§ 153.04 APPEALS.

   (A)   Any decision of the Building Inspector 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 Ch. 150 of this code of ordinances, or to the City Plan Commission when the decision in question involves the requirements of other parts of the master plan, by any person claiming to be adversely affected by such decision.
   (B)   A decision of the City Plan Commission may be reviewed by certiorari procedures as provided for the appeal of zoning cases from the Board of Zoning Appeals.
(Prior Code, § 153.04)

§ 153.05 INJUNCTIVE PROCEEDINGS.

   (A)   The Commission, the Building Inspector or any designated enforcement official or any person or persons, 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 title of the code of ordinances.
   (B)   The Commission or the Board may also institute a suit for mandatory injunction directing any individual, corporation or governmental unit to remove a structure erected in violation of the provisions of this title of the code of ordinances.
   (C)   Any building erected, raised or converted, or land or premises used in violation of any provisions of this chapter or the requirement thereof, is declared to be a common nuisance and as such may be abated in such manner as nuisances are now or may hereafter be abated under existing law.
(Prior Code, § 153.05) (Ord. 1993-7, passed 11-2-1993)

§ 153.06 AMENDMENTS.

   All amendments to this chapter shall be in conformance with §§ 64 and 37 through 42 of Ch. 174 of the Acts of the Indiana General Assembly of 1947, and all Acts amendatory thereto.
(Prior Code, § 153.06)

§ 153.07 CALCULATIONS, DESIGN STANDARDS AND SPECIFICATIONS.

   The calculation methods as well as the type, sizing, placement of storm sewers, inlets, manholes and all stormwater pollution prevention measures for construction sites shall meet the design criteria included in the Stormwater Technical Standards Manual adopted and approved by the Board of Public Works and Safety.

§ 153.99 PENALTY.

   Any person or corporation, whether as principal, agent, employee or otherwise, who violates any of the provisions of this chapter, upon conviction, shall be fined not less than $10 and not more than $300 for each offense.
(Prior Code, § 153.99)