The Building Commissioner is hereby designated and authorized to enforce this chapter.

(Ord. 2281, passed 4-2-79)

   (A)   Any person who shall make application for an improvement location permit shall furnish the Building Commissioner with a site plan or development plan of the real estate upon which the application for an improvement location permit is made.  The site plan or development plan shall be drawn to scale showing the following items:

      (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 exits to and from the real estate.

      (4)   All adjacent and adjoining roads or highways.

   (B)   Site plans so furnished to the Building Commissioner shall be filed by the Building Commissioner and shall become a permanent record.

   (C)   The Building Commissioner may require the relocation of any proposed building, structure, exit, or entrance shown on the site plan or the location of new exits or entrances not shown on the site plan before issuing an improvement location permit when such action is necessary to carry out the purpose and intent of this chapter.

   (D)   An application for an improvement location permit for any use subject to the provisions of § 152.20 shall be accompanied by a certificate of compliance subscribed by a registered professional engineer of the state, certifying that the use intended will satisfy the performance standards of the district in which it is to be located.  The Building Commissioner may take ten days in which to study the application, during which time he may consult with appropriate technical consultants.  If, after the ten-day period, the Building Commissioner has not required any additional information or stated any objections in writing, the Building Commissioner shall issue the improvement location permit.

   (E)   The Building Commissioner shall issue an improvement location permit for a variance only following receipt of notice from the Board of Zoning Appeals that the application therefor has been approved by the Board.

   (F)   Any person, to whom is issued an improvement location permit for a shopping center pursuant to division (E), above, who fails to commence construction within 24 months after the permit is issued, or who fails to carry to completion 30% of the total development plan thereof within three years after the permit is issued, or within one year after construction is begun, whichever is later, or who fails to conform to the provisions of the development plan and supporting data finally approved by the Board and upon the basis of which such improvement location permit was issued, may be required by the Board upon its own motion, and shall be required by the Board upon written petition of any person deeming himself aggrieved, to show cause why the approval should not be withdrawn and the permit revoked.  However, no such order to show cause shall be issued for failure to commence construction within 24 months after the construction has in fact commenced, even though commenced after the expiration of the 24-month period.

      (1)   Upon the determination by the Board or petition by such person to require the holder of the permit to show cause pursuant to the provisions of this division, the Board shall set the same for public hearing, and cause written notice thereof to be sent by registered mail to the permit holder, and to be published according to law.  The notice shall name a day not less than ten days after the date the notice is mailed and after the publication of notice of the date when such hearing will be held.

      (2)   If after the hearing, upon evidence publicly presented to the Board by members of the public or officers or employees of the city, including members of the Board, present in person at the hearing, the Board shall find that the holder of the permit in question has failed to commence construction of the shopping center within 24 months from the date the improvement location permit was issued, has failed to carry to completion 30% of the total development plan within three years after that date, or has failed materially to conform to the provisions of the development plan and supporting data finally approved by the Board and upon the basis of which such improvement location permit was issued, the Board shall withdraw its approval of the development plan and order the permit revoked.

      (3)   However, the Board may, if it deems the failure correctable within a period of six months, extend the time within which the permit holder may purge himself of the failure for not longer than that period, during which period the hearing shall be continued to a day certain at the end thereof.

   (G)   Not more than one improvement location permit for each C3 District symbol on the zone map may be issued and outstanding at any one time.

   (H)   In the event the Board shall revoke an improvement location permit under the authority of division (F) hereof, it may thereafter grant approval for another shopping center development in the same C3 District subject to all of the provisions and requirements of this chapter.

   (I)   The holder of an improvement location permit for a shopping center may apply to the Board at any time for an alteration, change, amendment, or extension of the development plan upon which such permit is based.

      (1)   Upon receipt of the application the Board shall proceed as in the case of original applications for an improvement location permit for a variance.

      (2)   In the event the Board shall approve and order the development plan changed, altered, amended, or extended, it shall so notify the Building Commissioner, who shall issue an amended improvement location permit accordingly.

(Ord. 2281, passed 4-2-79)  Penalty, see § 152.99

   (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 chapter applicable to the building or premises or the use in the district in which it is to be located.

   (B)   Upon completion of the improvement covered by the improvement location permit, the Building Commissioner shall inspect the premises, and, if his inspection shall reveal that the improvement has been completed in substantial conformity with the site plan, and certificate of compliance, when required, submitted pursuant to § 152.46(A) and (D), and any approved amendments thereto, he shall issue a certificate of occupancy.

   (C)   No change shall be made in the use of land (except agricultural) or in 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 Building Commissioner.  No such permit shall be issued to make such a change unless it is in conformity with the provisions of this chapter.

   (D)   A certificate of occupancy shall be applied for coincidentally with the application for an improvement location permit and 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.

   (E)   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.

   (F)   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.

(Ord. 2281, passed 4-2-79)  Penalty, see § 152.99

   A Board of Zoning Appeals is hereby established with membership and appointment provided in accordance with IC 36-7-4-900 et seq., and all acts now or hereafter amendatory thereto.

   (A)   At the first meeting of each year, the Board shall elect a Chairman and a Vice Chairman from among its members, and it may appoint and fix the compensation of a secretary and such employees as are necessary for the discharge of its duties, all in conformity to and compliance with salaries and compensation theretofore fixed by the legislative authority.

   (B)   The Board shall adopt rules and regulations as it may deem necessary to effectuate the provisions of this chapter.

   (C)   All meetings of the Board shall be open to the public.  The Board shall keep minutes of its proceedings, keep records of all examinations and other official actions, prepare findings, and record the vote of each member voting upon each question.  All minutes and records shall be filed in the office of the Board and shall be of public record.

   (D)   Any decision of the Building Commissioner in the enforcement of this chapter may be appealed to the Board by any person claiming to be adversely affected by that decision.

   (E)   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 Building Commissioner in the enforcement of this chapter.

      (2)   Hear and decide on permits for a variance, special exception, or other uses upon which the Board is required to act under this chapter.

      (3)   Authorize upon appeal in specific cases such variance 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 shall be observed and substantial justice done.

   (F)   In exercising its powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from as in its opinion ought to be done in the premises, and to that end shall have all the powers of the Building Commissioner from whom the appeal is taken.

   (G)   Every decision of the Board shall be subject to review by certiorari.

   (H)   No variance in the application of the provisions of this chapter shall be made by the Board relating to buildings, land, or premises now existing or to be constructed, unless after a public hearing, the Board shall find:

      (1)   That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and district.

      (2)   That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district but which is denied to the property in question.

      (3)   That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and district in which the property is located.

      (4)   That the granting of the variance will not alter the land use characteristics of the vicinity and district, diminish the marketable value of adjacent land and improvements, or increase the congestion in the public streets.

      (5)   That the granting of such variance complies with the requirements of § 152.36(B).

   (I)   Prior to the determination of an appeal or a decision on a permit for a variance or special exception, the Board shall fix a reasonable time for the hearing.  Public notice shall be given at least ten days prior to the date set for the hearing by publishing a notice thereof in a newspaper of general circulation in the jurisdictional area setting forth the time and place of the hearing, and by giving due notice to interested persons in accordance with the rules of the Board.

   (J)   The Board shall require the person taking the appeal to assume the cost of public notice and due notice to interested persons.

(Ord. 2281, passed 4-2-79)

   Applications and petitions filed pursuant to the provision of this chapter shall be accompanied by the filing fees hereinafter specified.

   (A)   For each application for a certificate of occupancy, the sum of $5, to be paid to and collected by the Building Commissioner.

   (B)   For each petition for an appeal from the decision of the Building Commissioner to the Board of Zoning Appeals, a fee of $15 to be paid to and collected by the Building Commissioner, the receipt for which shall accompany the petition.

   (C)   For each application for the approval by the Board or the Plan Commission of a variance, a fee of $25, to be paid to and collected by the Building Commissioner, the receipt for which shall accompany the petition.

   (D)   For each petition for an amendment of this chapter, a fee of $500, to be paid to and collected by the Building Commissioner, the receipt for which shall accompany the petition.  The Commission shall require the petitioner to assume the cost of public notice and due notice to interested persons.

   (E)   No part of any filing fee paid pursuant to this section shall be returnable to the applicant or petitioner.

(Ord. 2281, passed 4-2-79)

   (A)   The Plan Commission, the Board of Zoning Appeals, the Building Commission, any designated enforcement official, or any person, persons, firm, or corporation jointly or severally aggrieved, may institute a suit for injunction in the Circuit Court of Henry County to restrain a person or a governmental unit from violating the provisions of this chapter, as permitted by IC 36-7-4-1014 and 36-7-4-1015.

   (B)   The Commission or the Board may also institute a suit for mandatory injunction directing a person or a governmental unit to remove a structure erected in violation of the provisions of this chapter, as permitted by IC 36-7-4-1015.

   (C)   In accordance with IC 36-7-4-1012, any building erected, raised, or converted, or land or premises used in violation of any provisions of this chapter or the requirements thereof, is hereby declared to be a common nuisance and as such may be abated in such manner as nuisances are now or may hereafter by abated under existing law.

(Ord. 2281, passed 4-2-79)

   Whoever violates any provision of this chapter for which no penalty is otherwise provided, shall be fined not more than $2,500.  A separate offense shall be deemed committed on each day that a violation occurs or continues.

('80 Code, § 1-13)

Gross Floor Area of Industrial Use in Square Feet   Number of Berths Required

   15,000 or less   1
   15,001 to 40,000   2
   40,001 to 100,000   3
   Each 40,000 additional   l additional

(Ord. 2281, passed 4-2-79)  Penalty, see § 152.99

 

 

A.   Classification of use permitted.

   1.   Light industrial

   2.   Local business

B.   Minimum lot area.

   1.   #

   2.   1,500 square feet

   3.   110 square feet per child

   4.   25,000 square feet

   5.   20,000 square feet plus 5,000 square feet per horse over four horses

   6.   1 acre

   7.   5 acres

   8.   5 acres including 1,000 square feet per mobile home stand

   9.   6 acres

   10.   20 acres

   11.   40 acres

   12.   80 acres

   13.   320 acres

   14.   Two times requirement of single-family dwelling

C.   Minimum yards. (Feet)

      FRONT   SIDE (each)      REAR

   1.   #      #            #

   2.   #      50            50

   3.   #      10            30

   4.   #      40            40

   5.   #      --            --

   6.   100      40            40

   7.   100   Abutting Residential  =      75

         Abutting Other Use    =      35

   8.   #      20            #

   9.   150      150            150

   10.   100      100            100

   11.   300      300            300

D.   Building setback from center line of interior road.  (Feet)

   1.   40

   2.   50

   3.   85

E.   Use permitted not closer than 300 feet to a residential district.

F.   Minimum gross floor area of principal buildings.  (Square Feet)

   1.   #

   2.   Over 1,000

   3.   Determined by number of children to be accommodated

   4.   400

   5.   Two times single-family dwelling

G.   Plan of landscape development to be submitted with application.

H.   Maximum height of structure.  (Feet)

   1.   #

   2.   As required by appropriate state or federal agency

   3.   Same as light industrial

   4.   45

   5.   70

I.   Fence.

   1.   6-foot wire mesh where accessible to the public

   2.   6-foot wire mesh when located at ground level

   3.   4-foot wire mesh around play area

   4.   Solid wall or solid painted fence 8 feet high

   5.   4-foot wire mesh in Residence Area

   6.   Painted board fence 8 feet high

   7.   Adequate to protect abutting use

   8.   6-foot wire mesh

   9.   6-foot solid painted for refuse dump

J.   Screen Planting Where Abutting Residential Use.

   (Tight screen, effective at all times) 

   1.   6-foot height by 6-foot width

   2.   25-foot abutting Residential District or Use

   3.   8-foot height by 6-foot width

   4.   Adequate to screen power substation from street view

   5.   6 feet high along streets for refuse dump

   6.   8 feet high

K.   Parking Spaces.

   1.   1 per 2 employees plus 1 per 4 seats in waiting room

   2.   1 per 2 customers or members

   3.   1 per 2 employees plus 3 per doctor

   4.   1 per 3 employees plus 1 per 6 students

   5.   30

   6.   1 per 3 employees per shift

   7.   1 per 3 employees plus 1 per 125 square feet of sales area

   8.   1 additional

   9.   1 per 4 beds plus 1 per doctor plus 1 per 3 employees plus 1 per hospital vehicle

   10.   1 per 2 employees on largest shift

   11.   1 per 2 employees

   12.   1 per 2 employees plus 1 per 5 children to be accommodated

   13.   1 per 2 employees plus 1 per mobile home stand

   14.   1 per 3 employees plus 1 per 500 square feet of use area

   15.   1 per 3 employees plus 1 per 10 inmates at estimated capacity

   16.   1 per 3 employees plus 1 per driving tee

   17.   1 per camp site and 1 per cabin

   18.   Telephone Exchange - 1 per employee

   19.   1 per employee per shift

   20.   1 per 2 employees where headquartered

   21.   1 per 5,000 square feet

   22.   1

   23.   1 per 60 square feet of sales area

   24.   3 per 4 employees plus 1 per 4 seats

   25.   1 per 2 employees plus 4 for customers

   26.   1 per employee plus 1 per sleeping accommodation

   27.   2

   28.   1 per dwelling unit

   29.   1 per 2 employees and 1 per 6 persons

   30.   1 per 2 employees and 1 per 7 seats in auditorium

L.   Distance of parking area from residential district.  (Feet)

   1.   10

   2.   25

   3.   50

   4.   100

   5.   300

M.   Number of loading and unloading berths.

   (Shall not face on bordering highway.)

   1.   1

   2.   2

   3.   Per Development Plan

   4.   15,000 square feet:      1

      Over 15,000 square feet:   2

   5.   Up to 200 beds:         1

      200   to 500 beds:      2

      Over 500 beds:         3

   6.   Per Appendix F

N.   Distance of loading and unloading berth from residential district.  (Feet)

   1.   50

   2.   100

   3.   300

O.   Plat approval by the Commission to be submitted with application.

P.   Development Plan to be submitted with application.

Q.   Covenant by owners to perpetuate maintenance and approve future  improvements.

R.   Maximum Number of principal entrances from major thoroughfare.

   1.   1

   2.   2

S.   Acceptable relationship to major thoroughfare.

T.   Thoroughfares must be adequate to carry additional traffic engendered by use.

U.   Other authority approval required.

   1.   State Board of Health

   2.   Aeronautics Commission of Indiana

   3.   IC 36-7-4-100 et seq.

V.   Outdoor advertising signs and outdoor artificial lighting shall be approved by the Commission.

W.   Disposal of liquid and other wastes shall meet the approval of the State Board of Health.

X.   No sales, dead storage, repair work, or dismantling on the lot.

Y.   No parking in the front yard, except as provided in § 152.26.

Z.   Except for approved exits and entrances, a masonry wall 4 feet in height and 6 inches thick erected at required front line of building and may be required along boundaries of parking area as determined by the Commission for the protection of residentially zoned or used property.

AA.   Minimum distance from certain uses.

   1.   Use permitted not closer than 500 feet measured between the closest lot lines of the use proposed and a lot containing a church, school, library, residentially zoned lot, nursery/day care center, hospital, clinic, doctor's office, senior center, public park or any other city or governmentally owned building or property.

(Ord. 2281, passed 4-2-79; Am. Ord. 3245, passed 10-16-00)  Penalty, see § 152.99