Washington City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 155.065 BUILDING COMMISSIONER TO HAVE AUTHORITY.
The Building Commissioner is hereby designated and authorized to enforce this chapter.
(Prior Code, § 156.30) (Am. Ord. 8-86, passed 7-14-1986)
§ 155.066 POWERS AND DUTIES OF BUILDING COMMISSIONER; COMPLIANCE REQUIRED.
(A) The Building Commissioner, as appointed by the Mayor, shall have the delegated authority of the Plan Commission and Board of Zoning Appeals to effectuate any and all rules and regulations promulgated or otherwise passed by the Commission and Board as set forth in this subchapter. In addition to these powers, the Building Commissioner shall be empowered to enforce the repair or removal of any structure or the clean-up of any premises pursuant to the provisions of Chapter 150 and/or the removal of any abandoned vehicles pursuant to Chapter 90.
(B) In addition to the above powers and authorities of the Building Commissioner, the Building Commissioner shall likewise be responsible for the issuance of any and all building permits in accordance with the provisions of this chapter and insure compliance therewith, and be empowered to collect monies therefor. The Building Commissioner shall likewise be empowered to process any and all petitions and applications requiring action of either the Plan Commission or the Board of Zoning Appeals, collect monies therefor as fees shall be established in § 155.071, and the collection of monies as set forth above.
(C) The Building Commissioner shall also be empowered to effectuate compliance with any and all appropriate and recognized methods of electrical wiring both in new and used structures, as well as the appropriate and recognized methods of construction, both of new structures, and adding or remodeling of used structures, and effectuating other rules and regulations regarding the safety of the structure, its habitability or compliance with existing rules and regulations for public use. This section in no way delegates authority to the Building Commissioner any more powers than are allowed or permissible under the provisions of the city code or the state statutes, nor is the Building Commissioner empowered to enforce any state rules or regulations or statutes if the state has authorized agents to so do, but empowers the Building Commissioner to work with state agents and pursue the powers and authority as can properly be delegated to him or her in compliance with, and in conformity to this section. Pursuant to I.C. 36-1-7-3, the Building Commissioner may, in conjunction with the Mayor, negotiate an interlocal cooperation agreement with one or more other governmental entities under which the city and other entity or entities jointly exercise the power to inspect the construction of new structures, and additions to or remodeling of used structures, in order to ensure that such construction, addition, or remodeling is completed in compliance with all applicable rules and regulations for public use. Any such agreement is subject to the approval of the Council as provided in I.C. 36-1-7-4.
(D) Any noncompliance on the part of any individual with the rules and regulations as shall be promulgated by the Building Commissioner regarding building codes or electrical codes, as those rules and regulations shall be approved by the Plan Commission, shall be subject to the withdrawal of any permit issued by the Building Commissioner, which will cause the individual to cease and desist until compliance is effectuated, and if the individual fails or refuses to so cease and desist, then the city may take any and all appropriate action as set forth in this subchapter deeming the building to be a nuisance, pursuing equitable remedies as enjoining an individual, pursuing legal remedies as suing for damages or any or all other legal/equitable remedies permitted under the statutes of the state. In addition thereto, the nonconforming individual shall be subject to the penalty provisions set forth in this chapter.
(Prior Code, § 156.31) (Am. Ord. 8-86, passed 7-14-1986; Am. Ord. 4-2016, passed 5-9-2016) Penalty, see § 155.999
§ 155.067 IMPROVEMENT LOCATION PERMITS.
(A) Any person, persons, firms or corporations which shall make application for an improvement location permit shall, at the time of making the application, furnish the Building Commissioner with a site plan of the real estate upon which the application for an improvement location permit is made, at least 5 days prior to the issuance of the improvement location permit, which 5 day period may be waived by the Building Commissioner. The site plan shall be drawn to scale showing the following items:
(1) A legal 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; and
(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 or structure or exit or entrance shown on the site plan and/or the location of new exits or entrances not shown on the site plan before issuing an improvement location permit when the action is necessary to carry out the purpose and intent of this chapter.
(D) The Building Commissioner shall issue an improvement location permit for a conditional use only following receipt of notice from the Board that the application therefor has been approved by the Board.
(E) Any person, to whom is issued an improvement location permit pursuant to division (D) above, who fails to commence construction of an authorized industrial park or shopping center within 24 months after the permit is issued, or who fails to carry to completion 30% of the total development plan thereof within 3 years after the permit is issued, or within 1 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 the 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 or herself aggrieved, to show cause why approval should not be withdrawn and the permit revoked; provided, however, that no order to show cause shall be issued for failure to commence construction within 24 months after 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 the person to require the holder of the permit to show cause pursuant to the provisions of division (A)(1) of this section, 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 laws. The notice shall name a day not less than 10 days after the date the notice is mailed and after the second of the publication upon which the 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 at the hearing, the Board shall find that the holder of the permit in question has failed to commence construction of the industrial park or 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 3 years after the 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 the improvement location permit was issued, the Board shall withdraw its approval of the development plan, and order the permit revoked; provided, however, that the Board may, if it deems the failure correctable within a period of 6 months, extend the time within which the period holder may purge himself or herself of such failure for not longer than the period, during which period the hearing shall be continued to a day certain at the end thereof.
(F) Not more than 1 improvement location permit for each C-3 District symbol on the zone map may be issued and outstanding at any 1 time.
(G) In the event the Board shall revoke an improvement location permit under the authority of division (E)(2), it may thereafter grant approval for another shopping center development in the same C-3 District subject to all of the provisions and requirements of this chapter.
(H) The holder of an improvement location permit for an industrial park or shopping center may apply to the Board at any time for an alteration, change, amendment or extension of the development plan upon which the permit is based.
(1) Upon receipt of the application, the Board shall proceed as in the case of original application for conditional uses.
(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.
(I) No land shall be occupied or used, and no building hereafter created, 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.
(J) No change in use shall be made in 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, and no permit shall be issued to make the change unless it is in conformity with the provisions of this chapter.
(K) A certificate of occupancy shall be applied for coincidentally with the application of an improvement location permit, and shall be issued within 10 days after the lawful erection, reconstruction or structural alteration of the building shall have been completed.
(L) 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.
(M) 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.
(Prior Code, § 156.32) (Am. Ord. 8-86, passed 7-14-1986)
§ 155.068 SITE PLAN REVIEW.
(A) No permit for the construction, exterior alteration, occupancy or change in use of any building or land shall be given and no existing use shall be established or expanded in floor area except in conformity with a site plan approved by the Building Commissioner or an authorized designer. A site plan review shall also be required for the resumption of any use discontinued for more than 1 year or for the expansion of any existing use. Required approval includes proposals for commercial, residential, manufacturing, office, multiple dwelling residential developments, municipal, institutional, utility, fraternal or recreational purposes, in all zoning districts established under this section.
(B) A site plan shall include the following elements as determined by the Building Commissioner in order to properly evaluate a particular project in accordance with the development standards set forth by this chapter and specifically adopted by the Plan Commission:
(1) The name and address of the owner, developer, engineer, landscape architect and architect;
(2) The location of the project by public way, township and section;
(3) The legal description of the property including bearing notations and lengths;
(4) The date, scale of map and north arrow;
(5) The location, size, capacity and use of all existing and proposed structures and buildings to be placed on the site;
(6) The site layout of the project including the location, size, arrangement and capacity of the area to be used for yards, setbacks, buildings, vehicular access, parking, and loading and unloading;
(7) The existing and proposed sewage, water, gas, electricity and storm drainage facilities;
(8) The existing and proposed elevations of the building site with finished floor elevations of all proposed buildings and contours showing directions of storm water runoff and the limits of any regulated floodplain and floodway;
(9) The names and locations of all adjacent public streets including existing and proposed easements for future widening;
(10) The location, widths and names of utility or other easements;
(11) The layout, names widths and rights-of-ways of proposed streets;
(12) The description and use of adjacent property;
(13) The location, dimensions and design of all signage for the project;
(14) The location of all lighting for the project;
(15) A landscape plan showing all natural land features, trees, forest cover and water sources, and all proposed changes to those features including size and type of plant material and areas devoted to landscaping;
(16) The layouts of proposed lots with their numbers and dimensions;
(17) Land use density factors; and
(18) The outside storage and display area, if allowed.
(Prior Code, § 156.33)
§ 155.069 BOARD OF ZONING APPEALS.
(A) A Board of Zoning Appeals is hereby established. The Mayor shall appoint 5 of the 7 members, 2 of whom shall be members of the City Plan Commission. The County Commissioners shall appoint the 2 remaining members of the Board of Zoning Appeals, who shall be residents of the 2-mile jurisdictional area outside the city corporate boundaries/limits. No more than 3 of the 5 individuals to be appointed by the Mayor shall be from the same political party, and the appointments made by the County Commissioners shall be of different political parties.
(B) At the first meeting of each year, the Board shall elect a Chairperson and a Vice-Chairperson from among its members, and it may appoint and fix the compensation of a secretary and employees as are necessary for the discharge of its duties.
(C) The Board shall adopt rules and regulations as it may deem necessary to effectuate the provisions of this chapter.
(D) All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceeding, keep records of its 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 a public record.
(E) Any decision of the Building Commissioner in enforcement of this chapter may be appealed to the Board by any person claiming to be adversely affected by the decision.
(F) The Board shall have the following power, 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 conditional uses, development plans or other uses upon which the Board is required to act under this chapter;
(3) Authorize upon appeal in specific cases the variances from the terms of this chapter as will not be contrary to the public interests, where owing to special conditions, fully demonstrated on the basis of the facts presented, a literal enforcement of the provisions of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done;
(4) Revoke variances previously granted if conditions imposed on the variance at the time the variance is approved have not been satisfied. No revocation shall be made or allowed until any interested parties are afforded the opportunity to be heard prior to the Board’s revocation of a variance; and
(5) Set time limits to initiate commencement of activities to carry out approved conditional uses, variances and development plans.
(G) 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 Building Commissioner from whom the appeal is taken.
(H) Every decision of the Board shall be subject to review by certiorari.
(I) 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 circumstance 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 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; and/or
(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.
(Prior Code, § 156.34) (Am. Ord. 8-86, passed 7-14-1986; Am. Ord. 23-27, passed 1-4-1988; Am. Ord. 4-2003, passed 4-28-2003; Am. Ord. 12-2015, passed 6-22-2015)
§ 155.070 AMENDMENTS.
All amendments to this chapter shall be in conformance with §§ 64 and 37 to 42 inclusive of Chapter 174 of the Indiana General Assembly of 1947.
(Prior Code, § 156.35) (Am. Ord. 8-86, passed 7-14-1986)
§ 155.071 PERMITS AND FEES.
(A) Applications and petitions filed pursuant to the provisions of this chapter shall be accompanied by the filing fees hereinafter specified in the official approved City of Washington schedule of permit fees.
(B) The owner or developer of a subdivision or the owner of any lot shall not be issued a building permit unless and until:
(1) The infrastructure for the subdivision, including but not limited to sewers, has been approved by all appropriate regulatory authorities, federal, state, and local.
(2) One of the following has been proven to the satisfaction of the Building Commissioner:
(a) construction of all streets depicted on the plat has been completed and approved by the City Engineer.
(b) construction of that portion of street abutting the lot for which the building permit is being sought, has been completed and approved by the City Engineer.
(Prior Code, § 156.36)
§ 155.072 REMEDIES.
(A) The Commission, the Board, the Building Commissioner or any designated enforcement official, or any person or persons, firm or corporation jointly or severally aggrieved may institute a suit for injunction in the circuit court of the county to restrain an individual or a governmental unit from violating the provisions of this chapter.
(B) The Commission of the Board may also institute a suit for mandatory injunction directing any individual, a corporation or a governmental unit to remove a structure erected in violation of the provisions of this chapter.
(C) Any buildings 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 the manner as nuisances are now or may hereafter be abated under existing law.
(Prior Code, § 156.38) (Am. Ord. 8-86, passed 7-14-1986)
§ 155.999 PENALTY.
(A) Any person who shall violate any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
(B) Any individual who violates the provisions of § 155.066 shall be fined any sum not exceeding $500 per day for each day the individual continues his or her construction of new and used structures after being notified by the Building Commissioner of not being in compliance with a specific electoral rule or regulation or building rule or regulation. And each day that any violation shall continue to exist, or each distinct repetition of any violation, shall constitute a separate offense.
(Prior Code, § 156.37) (Am. Ord. 8-86, passed 7-14-1986)