New Harmony City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 152.270 IMPROVEMENT LOCATION PERMITS AND PLANS.
(A) (1) No building/structure shall be constructed, demolished, moved, or sustain conspicuous alteration of the exterior appearance until an improvement location permit has been issued in accordance with § 152.026.
(2) Application shall be filed by the owner or his or her representative and it shall state the intended use of the building/structure and of the land.
(3) The application shall be accompanied by building plans and specifications, a plot plan and such other information as may be necessary to provide for the enforcement of this chapter.
(4) Plans shall be drawn to scale and shall show dimensions in figures.
(5) Building and plot plans shall be signed by the person preparing them and by the owner of the property or building involved.
(6) A fee as set by the Town Council to defray the costs of administration and inspection shall accompany any plans or applications.
(B) The use of any property for other than R-R and R-100 uses as specified shall be permitted by special exception of the Board of Zoning Appeals which shall set without fee subject to the following requirements.
(1) Commercial uses shall be approved by the Board where such uses are adjacent to and in character with any grouping of existing commercial development. Such uses shall conform to the B-1 Business District provisions of this chapter.
(2) Industrial uses shall be approved by the Board where such uses are adjacent to and in character with existing industrial uses. Such uses shall conform to the D-1 Industrial District provisions of this chapter.
(3) The demolition, moving, or conspicuous alteration of the exterior appearance of historical buildings/structures shall be effectuated in accordance with § 152.026.
(C) (1) No improvement location permit shall be issued unless the plans and intended use conform in all respects to the provisions of this chapter.
(2) All permits shall expire one year from their date of issuance.
(3) A copy of all approved permits shall be sent to the County Assessor.
(Prior Code, § 17.72.010) (Ord. 1973-2, passed - -; Ord. 2010-12, passed 12-16-2010)
§ 152.271 DUTIES OF THE ZONING ADMINISTRATOR.
This chapter shall be enforced by the Zoning Administrator who shall in no case issue any improvement location permit nor grant any occupancy permit where the proposed building, alteration, or use would be in violation of any provision of this chapter.
(A) Violations.
(1) The Zoning Administrator shall investigate any alleged violation of the zoning ordinance coming to his or her attention.
(2) If a violation is found to exist, he or she shall serve notice upon the individual or owner to cease such violation.
(3) If the individual or owner fails to act diligently to correct such violation after 14 days of notification, the Zoning Administrator shall serve notice upon the owner, notify the governing body, and prosecute a complaint to terminate such violation.
(B) Inspections.
(1) The Zoning Administrator shall inspect all new construction or alterations at the time footings are placed, at the time basic walls are completed, and at the completion of the construction or alterations authorized.
(2) He or she shall make such additional inspections he or she deems necessary to insure compliance with the provisions of the requirements and this chapter.
(C) Records. The Zoning Administrator shall keep records of all inspections, applications, and permits issued, with a notation of all special conditions involved. He or she shall file and safely keep copies of all plans, other than for one-family houses, and of all fees submitted with applications. The same shall form a part of the records of his or her office and shall be available to the governing body and all other officials of the town.
(Prior Code, § 17.72.020) (Ord. 1973-2, passed - -; Ord. 2006-3, passed - -; Ord. 2008-8, passed 10-16-2008)
§ 152.272 PROCEDURE FOR CHANGE.
The Town Council may amend, supplement, or change the regulations and districts of this chapter; provided, that petitions for such changes shall be duly signed and presented to the Clerk-Treasurer of the Town Council by the Town Plan and Historic Preservation Commission (Plan Commission) or by the owners of 50% or more of an area involved in a petition for amendment or change. Provided, however, that when a petition for amendment, supplement, change or repeal of any provision of this chapter is not presented by the Commission, the Town Council shall refer said petition to the Commission for consideration and report within a period not to exceed 60 days before any action is taken upon the petition by the Town Council.
(Prior Code, § 17.72.050) (Ord. 1973-2, passed - -)
§ 152.273 PLAN SUBMISSION PETITION FOR REPORT.
Before submitting to the Town Council a petition for amendment, supplement, change, or repeal of any provision of this chapter, or before submitting to the Town Council a report on a proposed ordinance for an amendment, supplement, change, or repeal referred to it for a report by the Town Council, the Town Plan and Historic Preservation Commission (Plan Commission) shall:
(A) Set a time and place for a public hearing on the change for the ordinance being considered or recommended. If said hearing is to be on a petition referred to the Town Plan and Historic Preservation Commission (Plan Commission) for study and report, it shall be held no sooner than 60 days after receipt of the request by the Town Council;
(B) Give notice of the time and place set for the hearing at least ten days prior to said date in a newspaper of general circulation within the town and its area of jurisdiction;
(C) Hold said public hearing, receiving all comments or noting the absence of such;
(D) Collect a fee from the applicant, in the case of the petition of land owner for a change, sufficient to cover the expense of the required notices and hearing; and
(E) After public hearing submit a report and recommendations on the proposed ordinance referred to it by the Town Council for study.
(Prior Code, § 17.72.060) (Ord. 1973-2, passed - -)
§ 152.274 ACTION TO BE TAKEN BY THE TOWN COUNCIL.
(A) Where the report of the Town Plan and Historic Preservation Commission (Plan Commission) on an amendment referred to it as adverse, said amendment, supplement, change, or repeal shall not be made except by an affirmative vote of 75% of the members of the Town Council.
(B) Where the Town Council fail to pass said proposed ordinance by affirmative vote within 90 days of its rejection by the Town Plan and Historic Preservation Commission (Plan Commission), said failure shall constitute a rejection and the same ordinance for amendment, supplement, change, or repeal of the zoning ordinance shall not be considered by the Commission or Town Council for a period of one year after its original rejection by the Commission.
(Prior Code, § 17.72.070) (Ord. 1973-2, passed - -)
§ 152.275 RELATION TO COMPREHENSIVE PLAN.
Amendments to the zoning ordinance shall be considered as amendments to the Comprehensive Plan of the town.
(Prior Code, § 17.72.080) (Ord. 1973-2, passed - -)
§ 152.999 PENALTY.
(A) Any owner or agent, and any person or corporation who shall violate any of the provisions of this chapter or fail to comply with any of the requirements thereof or who shall construct, demolish, move, or conspicuously alter any building/structure or who shall put into use any lot in violation of any detailed statement or plan submitted hereunder, or who shall refuse reasonable opportunity to inspect any premises, shall be liable to a fine in an amount as set by the Town Council from time to time or to imprisonment for not more than 90 days, or to both such fines and imprisonment. Each and every day such violation continues shall be deemed a separate and distinct violation.
(B) The owner of any building or land where anything in violation of this chapter shall be placed or shall exist, and any architect, builder, contractor, agent, person, or corporation employed in connection therewith and who assists in the commission of such violation shall each be guilty of a separate violation and upon conviction thereof, shall each be liable to the fine or imprisonment, or both, specified in this section.
(Prior Code, § 17.72.040) (Ord. 1973-2, passed - -; Ord. 2010-12, passed 12-16-2010)