(A)   The provisions of this chapter shall be administered and enforced by the Building Administrator. It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the Building Administrator, and that these questions shall be presented to the Board of Zoning Appeals only on appeal from the decision of the Building Administrator, and that recourse from the decision of the Board of Zoning Appeals shall be directly to the courts, as provided by law and particularly I.C. 36-7-4 et seq., as amended.

   (B)   If the Building Administrator shall find that any of the provisions of this chapter are being violated, the Building Administrator shall notify in writing the person responsible for the violations, indicating the nature of the violation and ordering the action necessary for correction. The Building Administrator shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any action authorized by this chapter to insure compliance with or to prevent violation of its provisions.

(Ord. 23, § 4.10.10, passed 3-19-1997) Penalty, see § 156.999

   Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. The complaint, stating fully the causes and basis of the complaint, shall be filed with the Building Administrator. The Building Administrator shall then record properly this complaint, investigate promptly, and take action thereon as provided by § 156.999 of this code.

(Ord. 23, § 4.10.20, passed 3-19-1997) Penalty, see § 156.999

   (A)   No building, structure, certain signs, or use of land may hereinafter be erected or located on platted or unplatted land unless the structure, improvement, or use in this location conforms to the building codes adopted by the town and all the ordinances of the town, and a building permit has been issued for each structure, improvement, or use. In addition, no lot shall be elevated by filling or lowered by removal of soil unless a permit has been obtained.

   (B)   All fees for building permits and other zoning matters shall be established by separate ordinance enacted by the Town Council.

   (C)   Before a permit is issued for the erection, moving, alteration, enlargement, or occupancy of any building or structure or use of premises, the plans and intended use shall indicate conformity in all respects to the zoning provisions of this chapter. The permit shall not be issued until after review by the Building Administrator and finding by the Building Administrator that:

      (1)   There is adequate frontage on an improved street maintained by the authorized agency of the town;

      (2)   State and county health requirements are met;

      (3)   There is adequate means present to handle satisfactorily stormwater runoff from proposed improvements; and

      (4)   There will be no interference with the town’s Comprehensive Plan regarding street and public facilities.

   (D)   Any permit issued in accordance with this chapter shall be valid for a period of one year from the date of issuance. The permit shall be revoked and be rendered null and void if construction is not commenced within six months of issuance. Any structure or building not completed within one year from issuance of that permit shall necessitate a renewal of the permit by action of the Commission staff.

   (E)   Every application for a building or zoning permit submitted to the Building Administrator shall be accompanied by a site plan, required under § 151.32, drawn to scale, showing the lot and the building site and the location of existing buildings on the lot, accurate dimensions of the lot, yards, and buildings, together with the locations, size, and use of any land and all buildings not on the lot but within 50 feet from the boundaries thereof, unless separated therefrom by a street, together with other information, including elevations, as found in § 151.32(D), as may be necessary to the enforcement of this chapter and the building codes of the town. In addition to the site plan, the Building Administrator shall require a Spot Footing Survey (Pre-Pour Walls), a written document, signed and sealed by a registered Indiana land surveyor, certifying the top of footing elevations, a Spot Foundation Survey (Post-Pour) and a Final As-Built Survey, prior to issuance of a certificate of occupancy, which shall include elevations of the top of footings, foundation, and final grading.

   (F)   In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of health, safety, morals, convenience, and the general welfare. The lot or yard areas required by this chapter shall not be diminished and shall not be included as part of the required lot or yard areas of any other building. The lot or yard areas of buildings existing at the time this chapter became effective shall not be diminished below the requirements herein provided for buildings hereafter erected, and those required areas shall not be included as a part of the required areas of any building hereafter erected.

   (G)   Nothing in this chapter shall require any change in the plans, construction, or intended use of a building, the construction of which shall have been diligently prosecuted within six months preceding the date of this ordinance, and that entire building shall be completed within two years from the date of this ordinance becoming effective. Nothing herein shall prevent the reconstruction of a wall or other structural part of a building declared unsafe by the State Fire Marshal or the Administrative Building Council of the state.

(Ord. 23, § 4.10.30, passed 3-19-1997; Am. Ord. 115, passed 4-1-2004; Am. Ord. 234, passed 5-13-2014) Penalty, see § 156.999

   (A)   A certificate of occupancy to be issued by the Building Administrator, or his or her authorized agent, shall be required prior to occupying any new structure, except buildings incidental to agricultural operations other than residences, in accordance with Chapter 151 of this code and the provisions of this chapter, and in the following instances. None of the following occupancies, uses, or changes of use, shall take place until a certificate of occupancy therefor shall have been issued:

      (1)   Occupancy and use of a building hereafter erected or enlarged;

      (2)   Change in use of an existing building;

      (3)   Occupancy and use of vacant land, except for the raising of crops;

      (4)   Change in the use of land to a use of a different classification, except for the raising of crops; or

      (5)   Any change in the use of a nonconforming use.

   (B)   Written application for a certificate of occupancy for a new building or for an existing building which has been enlarged shall be made at the same time as the application for the building and zoning permit for that building. For all other certificates, or for copies of any original certificate, there shall be a charge of $1 each. The certificate shall be acted upon within five business days after a written request for the same has been made to the Building Administrator after the erection or enlargement of the building or part thereof has been completed in conformity with the provisions of this chapter and the building codes of the town.

   (C)   Pending the issuance of a certificate of occupancy, a temporary certificate of occupancy may be issued by the Building Administrator for a period of not more than six months during the completion of the construction of the building or of alterations which are required under the terms of any law or ordinance. The temporary certificate may be renewed, but it shall not be construed in any way to alter the respective rights, duties, or obligations of the owner or of the town relating to the use or occupancy of the land or building, or any other matter covered by this chapter and Chapter 151 of this code. The temporary certificate shall not be issued except under restrictions and provisions as will adequately ensure the safety of the occupants.

   (D)   (1)   Written application for a certificate of occupancy for use of vacant land, or for a change in the use of land or of a building, or for a change in a nonconforming use, as herein provided shall be made to the Building Administrator.

      (2)   If the proposed use is in conformity with the provisions of this chapter and Chapter 151, the certificate of occupancy therefor shall be issued within three working days after the application for the same has been made.

      (3)   Each certificate of occupancy shall state that the building or proposed use of a building or land complies with the provisions of this chapter and all building regulations and provisions of Chapter 151.

      (4)   A record of all certificates of occupancy shall be kept on file in the office of the Building Administrator and a copy shall be forwarded, on request, to any person having proprietary or tenancy interest in the building or land affected.

      (5)   No permit for erection of any building shall be issued before application has been made for a certificate of occupancy.

(Ord. 23, § 4.10.40, passed 3-19-1997; Am. Ord. 45, passed 4-15-1998) Penalty, see § 156.999

   (A)   All departments, officials, and public employees of the town which are vested with the duty or authority to issue or license shall conform to the provisions of this chapter and shall issue no permit or license for any use, building, or purpose if same would be in conflict with the provisions of this chapter.

   (B)   Any permit or license issued in conflict with the provisions of this chapter shall be null and void.

(Ord. 23, § 4.10.50, passed 3-19-1997) Penalty, see § 156.999

   (A)   Power of amendment. The Town Council may, from time to time, amend, supplement, change, modify, or repeal this zoning chapter, including the Zoning Map.

   (B)   Initiation of amendment. A zoning chapter text amendment may be initiated by the Town Council or the Plan Commission. An amendment to change the Zoning Map may be initiated by the Town Council, Plan Commission, or by a petition signed by property owners who own at least 50% of the land under petition.

   (C)   Form of application.

      (1)   Any request for a Zoning Map change shall be in compliance with I.C. 36-7-4-600 et seq., as may be amended from time to time.

      (2)   A petition for a Zoning Map change shall be submitted in writing in the manner prescribed by the Plan Commission in its rules of procedure.

      (3)   Any proposal for an amendment to the text of the zoning chapter shall be in compliance with the provisions of I.C. 36-7-4-600 et seq., as may be amended from time to time.

   (D)   Deliberations. The Plan Commission and Town Council shall study proposals for text and Zoning Map changes to determine:

      (1)   The general conformity and consistency with the various elements of the Comprehensive Plan;

      (2)   Current conditions and the character of current structures and uses in each district;

      (3)   The most desirable use for which the land in each district is adapted;

      (4)   The conservation of property values throughout the jurisdiction; and

      (5)   Responsible development and growth.

   (E)   Public hearing and Commission action.

      (1)   Before acting on any proposed amendment, the Commission shall hold a public hearing, as required by I.C. 36-7-4-600 et seq., as amended from time to time. The rules of procedure of the Plan Commission shall govern the petition process, public hearing, and meeting.

      (2)   Any action of the Commission relative to amendments shall be advisory only. Action by a full majority of the Commission membership shall be necessary for a recommendation.

   (F)   Action by Town Council on text amendment or Zoning Map amendment. The Town Council shall be guided by the advice of its Plan Commission when considering a text or map amendment. It shall not, however, be bound to recommendations of the Plan Commission.

   (G)   Questionable zoning districts. If any property is judicially determined or otherwise determined to be without zoning, or exists without a clearly designated zoning district classification, then in that case, the property shall be zoned AG agricultural.

(Ord. 23, §§ 4.30.10 - 4.30.70, passed 3-19-1997)

   (A)   In the event construction or excavation is commenced or continued in violation of this chapter (except for signs, which are controlled by § 156.085 herein), the Building Administrator shall issue a citation to the responsible parties involved, and a fine equal to two times the building permit fee shall be assessed against the responsible parties for commencing work in violation of this chapter, which fine shall be payable at the Town Clerk-Treasurer’s office and deposited in the town’s General Fund. Upon payment of the citation fine, if the responsible parties are in compliance in all other respects with this chapter, work may be recommenced as ordered by the Building Administrator.

   (B)   Any person or corporation, whether as principal, agent, employee, or otherwise, who violates any of the provisions of this chapter, upon conviction, shall be fined for each offense, with that fine to inure to the town. Each day of the existence of any violation shall be deemed a separate offense.

   (C)   The erection, construction, enlargement, conversion, moving, or maintenance of any building or structure, and use of any land or building which is continued, operated, or maintained contrary to any of the provisions of this chapter is hereby declared to be a violation of this chapter and unlawful. The Town Attorney shall, immediately upon any of this type of violation having been called to his or her attention, institute an injunction, abatement, or any other appropriate action to prevent, enjoin, abate, or remove that violation. This type of action may also be instituted by any property owner who may be especially damaged by any violation of this chapter.

   (D)   The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.

(Ord. 23, § 4.10.60, passed 3-19-1997; Am. Ord. 45, passed 4-15-1998)