New Whiteland City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 156.055 ZONING ADMINISTRATOR.
(A) A Zoning Administrator employed and designated by the Plan Commission shall administer and enforce this chapter. For the purpose of this chapter, the term ZONING ADMINISTRATOR shall be synonymous with the term BUILDING INSPECTOR. He or she may be provided with the assistance of other persons as the Town Council directs.
(2004 Code, § 3-300)
(B) For the purpose of this chapter, the Zoning Administrator shall have the following duties:
(1) To issue improvement location permits, conduct inspections to assure compliance with this chapter and issue certificates of occupancy;
(2) To notify in writing persons responsible for violations of assure compliance with this chapter and order the action necessary to correct such violations;
(3) To order discontinuance of illegal uses of land, buildings or structures;
(4) To order removal of illegal buildings, structures or illegal additions or alterations;
(5) To order discontinuance of any illegal work being done;
(6) To assume responsibilities as the Plan Commission directs;
(7) To assess fines authorized by this chapter for violation of the provisions of this chapter; and
(8) To take any other action authorized by this chapter to ensure compliance with or to prevent violations of this chapter.
(2004 Code, § 3-301) (Ord. 2001, passed 2-15-2005)
§ 156.056 IMPROVEMENT LOCATION PERMITS; APPLICATION.
(A) (1) No building or structures shall be erected, moved, enlarged, be established or changed in use without an improvement location permit issued by the Plan Commission or its designated representative. Building permits shall be issued in conformance with this chapter unless a written order is received from the Plan Commission, Board of Zoning Appeals or Court directing the issuance of a permit not in conformance with this chapter.
(2) The town requires that an improvement location permit (building permit) be obtained for the following specific projects:
(a) Single-family and two-family residential dwellings;
(b) Residential storage shed (maximum 140 square feet);
(c) Detached residential buildings (over 140 square feet);
(d) Residential garages, carports, portable carports (except portable carports located, or to be located, on the premises for less than 72 hours during any 30-day period), and/or additions;
(e) Temporary structures;
(f) Signs;
(g) Swimming pools;
(h) Demolition;
(i) New buildings;
(j) Alterations, modification or remodeling;
(k) Structures other than buildings;
(l) Drainage work (land alteration);
(m) Street cuts;
(n) Curb cuts;
(o) Storm sewer hook-ons; and
(p) Driveways.
(3) No improvement location permit (building permit) shall be required for ordinary repair and maintenance where the total cost of materials and labor does not exceed $500 and the work does not include a potential health or safety hazard or expand the scope of any existing use. No improvement location permit (building permit) shall be required for fences.
(2004 Code, § 3-400)
(B) Applications for improvement location permits (building permits) shall be made on forms provided by the town’s Plan Commission. Each application shall be accompanied by two copies of a plot plan which is drawn to scale and shows clearly and completely:
(1) The location, dimensions and nature of the property;
(2) The location and dimensions of any existing or proposed structure;
(3) All adjoining streets and any existing or proposed access to these streets;
(4) The existing and proposed uses of all structures and land;
(5) The location and type of sewerage system, water system and drainage facilities;
(6) Estimated cost of construction; and
(7) Such other information as may be necessary to determine conformance with this chapter.
(2004 Code, § 3-401)
(Ord. 1088, passed 9-7-2004)
§ 156.057 FEES.
Fees shall be charged for all applications for permits or petitions in accordance with the fee schedule adopted by the town’s Plan Commission and Town Council. Until all applicable fees, charges and expenses have been paid in full, no final action shall be taken on any permit application, appeal or petition. No fee shall be required for appealing a decision of the Zoning Administrator.
(2004 Code, § 3-402) (Ord. 994, passed 3-3-1999)
§ 156.058 APPROVAL OF PERMITS.
(A) Within 30 days after receipt of the application, the Zoning Administrator shall either approve or disapprove the application. One set of plans shall be returned to the applicant, marked approved or disapproved. If the application is disapproved, the reasons for the disapproval shall be stated in writing.
(B) All commercial and industrial projects shall be submitted to the Technical Committee for review prior to receiving an improvement location permit. At the option of the Technical Committee:
(1) Additional data may be required; and/or
(2) The Technical Committee may elect to forward the application to the Plan Commission.
(2004 Code, § 3-403)
§ 156.059 CERTIFICATE OF OCCUPANCY.
(A) It is unlawful to use or occupy any building or premises without a certificate of occupancy. An application for an improvement location permit shall, without an additional fee, include and be deemed an application for a certificate of occupancy.
(B) A certificate of occupancy shall be obtained before any person may:
(1) Occupy or use any vacant land;
(2) Occupy or use any structure hereafter constructed, reconstructed, moved, enlarged or structurally altered;
(3) Change the use of a structure or land to a different use; or
(4) Renew, change or extend a non-conforming use.
(2004 Code, § 3-404)
§ 156.060 TEMPORARY OCCUPANCY PERMIT.
(A) Pending the issuance of a permanent certificate of occupancy, a temporary occupancy permit may be issued by the Building Inspector for a period of not more than six months.
(B) Such temporary certificate shall not be construed in any way to alter the respective rights, duties or occupancy of the land or building or any other matter covered by this chapter.
(C) The temporary occupancy permit shall not be issued, except under such restrictions and provisions as will adequately ensure the safety of the occupants.
(2004 Code, § 3-405)
§ 156.061 EXPIRATION OF PERMIT.
(A) If work has not commenced within 90 days after the date of issuance of the permit, the permit shall expire. If work described in any permit has not been substantially completed within six months of the date of issuance thereof, said permit shall expire.
(B) One six-month extension of a permit may be obtained without an additional fee, if:
(1) No code violations exist related to the project;
(2) The project is in compliance with inspection requirements; and
(3) A written extension request is submitted prior to the expiration of the original permit.
(C) (1) In the event a six-month extension has been granted and the project is not substantially complete within one year after the date of issuance of the original permit, a new permit must be applied for and a new permit fee shall be required.
(2) Once a permit has expired, further work shall not occur unless pursuant to a new permit.
(2004 Code, § 3-406) (Ord. 1058, passed 8-20-2002)
§ 156.062 APPEALS.
(A) It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the Zoning Administrator. Questions shall be presented to the Board of Zoning Appeals only on appeal from the decisions of the Zoning Administrator.
(B) Recourse from decisions of the Board of Zoning Appeals shall be to the courts as provided by laws.
(C) Appeals to the Board of Zoning Appeals concerning interpretation or administration of this chapter may be taken by any persons aggrieved by any officer or bureau of the legislative authority of the town affected by any decision of the Zoning Administrator.
(D) Such appeal shall be taken within such times as established by the Board of Zoning Appeals by general rule.
(E) The Zoning Administrator shall transmit to the Board of Zoning Appeals all the papers constituting the record upon which the action appealed from was taken.
(2004 Code, § 3-600)
§ 156.063 REVIEW OF CERTIORARI.
(A) Every decision of the Board of Zoning Appeals shall be subject to review by certiorari.
(B) Any person aggrieved by a decision of the Board may present to the court of the county in which the premises affected area is located, a petition duly verified, setting forth that the decision by the Board is illegal in whole or in part, and specifying the grounds of the illegality.
(C) The petition shall be presented to the court within 30 days after the entry of the decision of the Board.
(2004 Code, § 3-700)