Elwood City Zoning Code
ZONING ADMINISTRATION
AND ENFORCEMENT
§ 155.440 ADMINISTRATION AND ENFORCEMENT.
(A) The provisions of this subchapter or code shall be administered by the Zoning Administrator acting under the supervision of the Mayor, or the Mayor in the absence of the Zoning Administrator. The Zoning Administrator shall, when deemed appropriate, recommend legal action to the City Council in order to enforce this chapter or other land use related ordinances or regulations. The Zoning Administrator, under the supervision of the city’s Mayor shall determine when violations exist, when a development is in substantial compliance with this chapter, or when strict compliance should be demanded, or other enforcement actions taken. The Zoning Administrator shall also advise the city and developers as to application, submission, compliance and procedural matters as related to this chapter as well as the interpretation of this chapter’s provisions to the best of his, her, or their ability.
(B) The Zoning Administrator is charged with zoning and other related enforcement duties of this chapter, as well as issuance, revocation and administration of building and occupancy permits as per this chapter and Uniform Building Codes in effect. The Zoning Administrator is also in charge of building or use inspections, and all building inspectors shall work under his, her, or their direction. Applications for permitted uses shall be evaluated by the Zoning Administrator to determine if approval can be given as a permitted use or if questionable, the use may be conditional or require further study or attention. In the latter case, the application shall be referred to the Planning Commission for further clarification or processing. The Zoning Administrator shall work with and advise the Planning Commission and City Council on all zoning or land use matters as applied for and acted on by the city.
(C) The failure of any person to properly interpret or apply this chapter or any provision of it shall not operate to waive or estop the city from subsequent enforcement action. Permits issued in violation of this subchapter shall have no force or effect and persons knowingly or negligently building or subdividing under improperly issued permits or approvals do so at their own risk.
§ 155.441 ZONING AND BUILDING PERMITS.
Construction, alteration, repair, or removal of any building or structure or any part thereof, as provided for or as restricted in this subchapter and the Uniform Building Code, shall not be commenced except upon clearance by the city staff for compliance with this chapter and issuance of a building permit.
§ 155.442 OCCUPANCY PERMIT.
Land, buildings, or premises in any district shall hereafter be used only for a purpose permitted in such a district and in accordance with the appropriate regulations. A permit of occupancy shall be issued by a qualified person designated by the city to the effect that the use, building, or premises conform to provisions of this and all related ordinances, regulations, and requirements prior to occupancy, for any building erected, enlarged or altered structurally for the occupancy or use of any land. Such a permit is needed whenever use or character of any building or land is to be changed.
§ 155.443 INSPECTION.
The city, through its designated officials, shall, upon presentation of evidence of his, her, or their authority, have the right of access to any premises at any reasonable hour for the purpose of inspecting all buildings and structures during the course of their construction, modification, or repair, and to inspect land uses to determine compliance with the provisions of this chapter.
§ 155.444 SITE PLAN REQUIRED.
(A) Apart from any project or building plans required to be submitted to the city, a detailed site plan, drawn to scale, shall be filed with the Zoning Administrator, as part of any application for a building permit for a permitted use.
(B) The site plan shall show where pertinent:
(1) Scale and north arrow;
(2) Lot lines and their dimensions. Public or main buildings, or dwellings of any type require permanent reference monuments in each of the four corners of the lot it is to be built on. If a lot contains more than four corners, only four permanent reference monuments are required. If a lot contains less than four corners at least three permanent reference monuments are required. All monuments shall be properly set in the ground and approved by a Registered Land Surveyor (licensed in the state) prior to approval of the building permit application. If permanent reference monuments are already in place additional monuments are not required;
(3) Adjacent streets, roads, rights-of-way, ditches, easements, and land uses;
(4) Location of all existing structures on subject property and adjoining properties (completely dimensioned, including utility lines, poles, fences, and the like);
(5) Existing utility line locations and sizes;
(6) Existing and proposed grading, drainage, and landscaping plans;
(7) Location of proposed construction and improvements, including location of proposed sewer connection, all landscape elements, retaining walls, drainage works, and signs;
(8) Motor vehicle access, including individual parking stalls, circulation patterns, curb, gutter, and sidewalk and trail location;
(9) Trash storage plans;
(10) Necessary explanatory notes;
(11) Name, address, and telephone number of builder and owner; and/or
(12) Other information which may be requested by the Zoning Administrator, city staff or in this chapter.
Penalty, see § 155.999
§ 155.445 TIME LIMIT.
Unless there is actual construction and a permit issued within a period of 180 days from the date of plan approval by the Zoning Administrator, the plan approval for a permitted use shall expire.
Penalty, see § 155.999
§ 155.446 VIOLATIONS.
Violations of this chapter are Class “C” misdemeanors, and are punishable by a fine and/or imprisonment. The officers and directors of a corporation shall be responsible for the acts committed by that corporation. Corporations and individuals shall be responsible for the acts of their agents committed in violation of this subchapter if they had knowledge of the act committed, and the owner of the property is presumed to have knowledge of the uses of that property and improvements made to it. Each day that a violation occurs shall constitute a separate offense.
Penalty, see § 155.999