This ordinance, and all ordinances supplemental or amendatory hereto, shall be known as the Zoning Code of the City of Wabash, Indiana, may be cited as such and will be referred to herein as "this Code." (Gen. Ord. No. 1, 1995, art. 1, § 1.1, 4-24-95)

The purpose of this Code is to provide minimum standards for the protection of life, health, environment, public safety and general welfare, and for the conservation of energy in the design and construction of buildings and structures. (Gen. Ord. No. 1, 1995, art. 1, § 2.1, 4-24-95)

The building commissioner is authorized and directed to administer and enforce all of the provisions of this Code. Whenever in this Code it is provided that anything must be done with the approval of or subject to the direction of the building commissioner or any other officer of the city, this shall be construed to give such officer only the discretion of determining whether this Code has been complied with; and no such provision shall be construed as giving any officer discretionary powers as to what this Code shall be, or power to require conditions not prescribed by ordinances or to enforce this Code in an arbitrary or discriminatory manner. Any variance from adopted building rules are subject to approval under Indiana Code, § 2-13-2-7(b). (Gen. Ord. No. 1, 1995, art. 1, § 3.1, 4-24-95)

The provisions of this Code apply to the construction, alteration, repair, use, occupancy, and addition to all buildings and structures, other than industrialized building systems or mobile structures certified under Indiana Code, § 22-15-4, in the zoning jurisdiction of the City of Wabash. (Gen. Ord. No. 1, 1995, art. 1, § 4.1, 4-24-95)

a.

The provisions of General Ordinance Nos. 2, 1986 and 5, 1969, as they now exist or as they may be amended, modified or reenacted; are incorporated and constitute a part hereof.

b.

Copies of adopted building rules, codes, and standards are on file in the office of the building commissioner. (Gen. Ord. No. 1, 1995, art. 1, § 5.1, 4-24-95)

No improvement location permit shall be issued for the foregoing purposes, unless the application for a permit is accompanied by a plat or sketch of the proposed location showing lot boundaries, and by plans and specifications showing the work to be done. In addition, when, pursuant to I.C. § 22-15-3-1, a design release issued by the state building commissioner and state fire marshal is required, a copy of the design release shall be provided to the building commissioner before issuance of a permit for construction covered by such design release. (Gen. Ord. No. 1, 1995, art. 1, § 6.1, 4-24-95)

An improvement location permit shall be obtained before beginning construction, alteration or repair of any building or structure, the cost of which exceeds one thousand dollars ($1,000.00), using forms furnished by the building commissioner. All fees required by this Code shall be paid to the City of Wabash. (Gen. Ord. No. 1, 1995, art. 1, § 7.1, 4-24-95)

All work done under any permit shall be in full compliance with all other ordinances pertaining thereto, and in addition to the fees for permits, there shall be paid the fees prescribed in such ordinances. (Gen. Ord. No. 1, 1995, art. 1, § 8.1, 4-24-95)

a.

The fee schedule of the Municipal Code of Wabash, Indiana, is to read as follows:

Zoning Ordinance

Improvement location permit .....$ 15.00

Appeal to the board of zoning (variance) .....25.00

Special exception .....25.00

Special exception for shopping center .....200.00

Amendment to the zoning ordinance (rezoning) .....35.00

_____

_____

Permits not needed for the following:

1.

Remodeling under $1,000.00.

2.

Maintenance and periodic repair.

* The building commissioner shall have the power to increase the number of required inspections by fifty percent (50%).

b.

Filing fees shall accompany all applications and petitions. Such fees shall be paid to the City of Wabash. (Gen. Ord. No. 1, 1995, art. 1, § 9.1, 4-24-95)

a.

The building commissioner may take ten (10) days in which to study the application, during which time he may consult with appropriate technical consultants. If, after the ten (10) day period the building commissioner has not required any additional information or stated any objection in writing, the building commissioner shall issue the improvement location permit.

b.

Prior to issuance of any building permit, the building commissioner shall:

1.

Review all building permit applications to determine full compliance with the provisions of this Code.

2.

Review all building permit applications for new construction or substantial improvements to determine whether building sites will be reasonably safe from flooding.

3.

Review building permit applications for major repairs within the floodplain area having special flood hazards to determine that the proposed repair:

a.

Uses construction materials and utility equipment that are resistant to flood damage; and

b.

Uses construction methods and practices that will minimize flood damage.

4.

Review building permit applications for new construction or substantial improvements within the floodplain area having special flood hazards to assure that the proposed construction (including prefabricated and mobile homes):

1)

Is protected against flood damage,

2)

Is designed (or modified) and anchored to prevent flotation, collapse, lateral movement of the structure, or flood damage, and

3)

Uses construction methods and practices that will minimize flood damage. (Gen. Ord. No. 1, 1995, art. 1, §§ 10.1, 10.2, 4-24-95)

5.

Review all building permit applications for new construction or substantial improvements to determine whether the proposed construction or improvement has reasonably addressed and adopts adequate drainage methods to abate the effects of surface water runoff on adjoining properties or the city's stormwater system. At a minimum, all such applicants shall submit an engineer's, architect's or land surveyor's certification that adequate provision for storm or surface water has been made and that, by the construction or improvement as proposed, no increased storm or surface water runoff shall occur to the detriment of adjoining properties or the city's stormwater system. (Gen. Ord. No. 16, 1998, 1-11-1999)

a.

The building commissioner shall issue an improvement location permit, upon written application, as follows:

When the proposed structure, improvement or use and its location conform in all respects to the comprehensive plan and the provisions of this ordinance.

b.

Prior to commencement of work, the applicant shall post such permit in a conspicuous place on the lot for which said permit was issued.

c.

Any decision of the building commissioner concerning the issuance of an improvement location permit may be appealed to the board of zoning appeals by any person claiming to be adversely affected by such decisions within thirty (30) days from such decision. (Gen. Ord. No. 1, 1995, art. 1, §§ 11.1—11.3, 4-24-95)

a.

After the issuance of any building permit, the building commissioner shall make, or shall cause to be made, inspections of the work being done as are necessary to insure full compliance with the provisions of this Code and the terms of the permit. Reinspections of work found to be incomplete or not ready for inspection are subject to assessment of reinspection fees as prescribed in this Code.

b.

Inspection assistance—The chief of the fire department, or his designated representative, shall assist the building commissioner in the inspection of fire suppression, detection and alarm systems and shall provide reports of such inspection to the building commissioner.

c.

Entry—Upon presentation of proper credentials, the building commissioner or his/her duly authorized representative may enter, at reasonable times, any building, structure or premises in the City of Wabash to perform any duty imposed upon him/her by this Code. (Gen. Ord. No. 1, 1995, art. 1, §§ 12.1, 12.2, 4-24-95)

a.

Whenever any work is being done contrary to the provisions of this Code, the building commissioner may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and such persons shall forthwith stop such work until authorized by the building commissioner to proceed with the work.

b.

The building commissioner may also pursue any and all other remedies as they may now or hereafter exist in accordance with the terms of this Code, state statutes or regulations, or federal statutes or regulations.

c.

A stop order shall not be a prerequisite for taking any other action against any person violating the terms of this Code. (Gen. Ord. No. 1, 1995, art. 1, § 13.1, 4-24-95)

a.

No certificate of occupancy for any building or structure erected, altered or repaired after the adoption of this section shall be issued unless that building or structure was erected, altered or repaired in compliance with the provisions of this Code section.

b.

No building hereafter erected shall be occupied or used, in whole or in part, until a certificate of occupancy shall have been issued by the building official certifying that such building conforms to the provisions of this Code and in conformity to the applicants application for an improvement location permit. Any such occupation or use, in whole or in part, prior to the issuance of a certificate of occupancy, shall be deemed unlawful and a public nuisance.

c.

In addition to the certification as to compliance with the provisions of this Code, the certificate of occupancy may state the purpose for which the building may be used in its several parts, the maximum permissible live loads on the several floors, the number of individual person that may be accommodated in the several stories, in case that number is limited by law or by the permit, and all special stipulations of the permit, if any. A certificate of occupancy shall be issued within ten (10) days after the applicant submits a written application for it, if at that time the building is entitled to it, and upon full compliance with the following conditions:

[i]ii.

The applicant shall submit with such application complete "as built" record drawings to the building commissioner following construction. Such "as built" drawings shall clearly indicate any modifications made during construction.

Complete redesigned calculations and certifications shall be provided if a construction modification is made. Such construction modification must then be approved by the building commissioner prior to the issuance of any certificate of occupancy.

d.

No change of occupancy shall be made in a building hereafter erected or altered that is not consistent with the last issued certificate of occupancy for that building, unless a new certificate of occupancy is secured. No change of occupancy that would bring a building under some special provisions of this Code shall be made unless the building commissioner finds, upon inspection, that the building conforms substantially to the provisions of law with respect to the proposed new occupancy, and issues a certificate of occupancy for it.

The occupancy of a building shall not be deemed to have changed because of a temporary vacancy or change of ownership or tenancy. The reestablishment in a building, after a change of occupancy has been made, of a prior use that would not have been permitted in a new building of the same type of construction is prohibited. The change from a specifically prohibited use to another specifically prohibited use shall not be made.

(Gen. Ord. No. 1, 1995, art. 1, §§ 14.1—14.4, 4-24-95; Gen. Ord. No. 4, 2004, § 2, 3-22-04)

All work on the construction, alteration and repair of buildings and other structures shall be performed in a good and workmanlike manner according to accepted standards and practices in the trade.

(Gen. Ord. No. 1, 1995, art. 1, § 15.1, 4-24-95)

It shall be unlawful for any person, firm or corporation, whether as owner, lessee, sublessee, or occupant, to erect, construct, enlarge, alter, repair, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure within the jurisdictional area of the Wabash City Plan Commission or cause or permit the same to be done contrary to or in violation of the provisions of this Code.

(Gen. Ord. No. 1, 1995, art. 1, § 16.1, 4-24-95)

a.

All aggrieved persons shall have the right to appeal any order or decision of the building commissioner within thirty (30) days of such order or decision to the board of zoning appeals and thereafter in accordance with Indiana Code, § 36-7-4-1003.

b.

Every appeal taken from any requirement, decision or other determination made by the building commissioner, or any other administrative official or board charged with the enforcement of this ordinance shall be filed with the board. The appeal shall be by written petition, shall specify the grounds thereof, and shall be filed on such form as may be prescribed by the board by general rule. The building commissioner, or other administrative official or board from whom the appeal is taken shall, upon request of the board, transmit to it all documents, plans and other papers constituting the record of the action from which the appeal was taken. Public notice shall be given ten (10) days prior to all hearings of appeals, and due notice shall also be given to all interested parties. The board may require the party making the appeal to assume the cost of public notice and due notice to interested parties. When an appeal has been taken and filed with the board, all proceedings and work on the premises concerning which the decision was made shall be stayed unless the building commissioner, or other administrative official or board from whom the appeal was taken, shall certify to the board that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life and property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the board or by the Circuit Court of Wabash County, on application or notice to the building commissioner, or other administrative official or board from whom the appeal is taken, and the owner of the premises affected, and on due cause shown. After the owner or his agents or the person, firm or corporation in charge of the work on the premises affected have received notice that an appeal has been filed with the board, the building commissioner shall have full power to order such work discontinued or stayed and to call upon the police power of the City of Wabash to give full force and effect to that order.

(Gen. Ord. No. 1, 1995, art. 1, § 17.1, 4-24-95)

a.

The building commissioner shall, in the name of the City of Wabash, bring actions in the Circuit Court of Wabash County, Indiana, for mandatory and injunctive relief in the enforcement of and to secure compliance with any order or orders made by the building commissioner, and any such action for mandatory or injunctive relief may be joined with an action to recover the penalties provided for in this Code.

b.

The commission or the board may also institute a suit for mandatory injunction directing any individual, corporation or a governmental unit to remove a structure erected in violation of the provisions of this ordinance or the requirements thereof.

c.

Any building erected, raised, or converted, or land or premises used in violation of any provisions of this ordinance or any 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.

(Gen. Ord. No. 1, 1995, art. 1, §§ 18.1—18.3, 4-24-95)

If any person, firm or corporation shall violate any of the provisions of this Code, or shall do any act prohibited herein, or shall fail to perform any duty lawfully enjoined, within the time prescribed by the building commissioner, or shall fail, neglect or refuse to obey any lawful order given by the building commissioner in connection with the provisions of this Code for each violation, failure or refusal, such person, firm or corporation shall be fined in any sum not less than ten dollars ($10.00), nor more than two thousand dollars ($2,000.00). Each day of such unlawful activity as is prohibited by the first sentence of this section shall constitute a separate offense.

(Gen. Ord. No. 1, 1995, art. 1, § 19.1, 4-24-95)

Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid or otherwise unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the ordinance as a whole, or any portion thereof, other than the portion so declared to be invalid or unenforceable.

(Gen. Ord. No. 1, 1995, art. 1, § 20.1, 4-24-95)

All amendments to this ordinance shall be in conformance with the provisions of the Indiana Advisory Planning Law and all acts amendatory and supplemental thereto.

(Gen. Ord. No. 1, 1995, art. 1, § 21.1, 4-24-95)

All ordinances or parts thereof that are in conflict with the terms and conditions of this ordinance are repealed.

(Gen. Ord. No. 1, 1995, art. 1, § 22.1, 4-24-95)

This ordinance shall take effect after its passage as provided by law.

(Gen. Ord. No. 1, 1995, art. 1, § 23.1, 4-24-95)

Editor's note— A complete copy of Gen. Ord. No. 1, 1995 passed April 24 is on file in the office of the city clerk and available for public inspection during the regular business hours. A complete copy of Gen. Ord. No. 2, 1995 passed August 14, 1995 is on file in the office of the city clerk and is available for public inspection during the regular business hours.

Appendixes A and B being Rules of the commission and Rules of the board, respectively, shall be considered as incorporated and adopted by reference and shall be a part of General Ordinance No. 1, 1995. Further the commission and board shall adopt rules for the conduct of their business as provided by and consistent with the Advisory Planning Law which rules may supplement, amend or replace the Rules of the commission (Appendix A) and Rules of the board (Appendix B), as incorporated in General Ordinance No. 1, 1995. (See also section 10-104 et seq.)

(Gen. Ord. No. 2, 1995, § 1, 8-14-95)

A board of zoning appeals is expressly created as provided by and consistent with the Advisory Planning Law and as follows:

Appendix B shall be retitled "Creation of the Board of Zoning Appeals and Rules."

Following said title shall be inserted the following language:

"A board of zoning appeals is hereby created as provided by the Advisory Planning Law (I.C., § 36-7-4-101 et seq.)." (See also section 10-115 et seq.)

(Gen. Ord. No. 2, 1995, § 2, 8-14-95)

Cross reference— Specific boards, commissions and departments, § 2-108 et seq.