Chapter 151 COMPREHENSIVE PLAN

The City Plan Commission shall from time to time consider and review proposals with respect to changes and amendments in the master plan and, upon conclusion of such consideration including a public hearing thereon, shall certify to the Common Council reports on such matters.

(’73 Code, § 18-9) (Ord. 9-71, passed - -71)

151.04 REVIEW OF DECISIONS OF COMMISSION BY CERTIORARI PROCEDURE.

A decision of the City Plan Commission may be reviewed by certiorari procedure as provided for the appeal of zoning cases from the City Board of Zoning Appeals.

(’73 Code, § 18-27) (Ord. 10-71, passed - -71)

MASTER PLAN

151.10 PURPOSE.

(A) The purpose of this chapter is to establish a single unified code consisting of all plans, reports and ordinances that deal with the subject of planning and zoning, as a comprehensive guide to the future growth and development of the city and territory within the jurisdiction of the Plan Commission. (’73 Code, § 18-2)

(B) The layout, location, relocation, extension or widening of thoroughfares; the general design of neighborhoods and their street patterns; the use of land; and the location of sites for schools, parks, recreation and other public uses, shopping centers, off-street parking lots and community facilities shall conform to the principles, policies and provisions of the master plan. (’73 Code, § 18-7)

(C) The Common Council and all municipal boards, commissions and all other agencies of the city shall be guided by and give consideration to the general policy and pattern of development set out in the master plan prior to the authorization, construction, alteration or abandonment of any public installation required or necessitated in the interest of the physical development of the city and its jurisdictional area. (’73 Code, § 18-8)

(Ord. 9-71, passed - -71)

151.11 CONTENTS.

The master plan consists of a plan entitled Comprehensive Land Use Plan, dated 1971, together with the provisions of the maps, charts, plans and ordinances which have heretofore or may hereafter be enacted concerning the following subjects: zoning, subdivision control, thoroughfares, central business district plan, enforcement, school, parking, parks, recreation and public areas, as well as other related subjects.

(’73 Code, § 18-3) (Ord. 9-71, passed - -71)

151.12 THOROUGHFARES.

(A) A drawing entitled “Typical Thoroughfare Cross Sections, Rensselaer, Indiana,” which shows cross sections for streets as designated on the comprehensive use plan of the city, is hereby adopted. (’73 Code, § 18-4)

(B) The thoroughfares are classified as to width and type in accordance with their function as a part of the thoroughfare system, and are designated as arterial, feeder, parkway and residential streets, as shown on the comprehensive land use plan. Such streets are to be provided with the right-of-way widths, shown on the thoroughfare plan as set out in comprehensive land use plan, and are to be improved as required by the city subdivision control regulations. (’73 Code, § 18-5)

(C) Opening or widening of streets. Whenever a street designated on the thoroughfare plan is to be platted as a part of a subdivision of land, the right-of-way shall conform to the policies and specified designations and indications in the thoroughfare plan; provided that where a street borders a tract of land to be subdivided, the owner of such land shall be required to have such street measured at 90 degrees to the center line thereof.

(D) Location of streets.

(1) Wherever the locations of streets are indicated on the thoroughfare plan as following existing roads or streets, or section or half-section lines, or other established property lines, they shall conform to such locations; however, streets lying wholly within a subdivision, and not designated as following an existing road or a section line, may be varied in their alignment when such variance promotes the plan of a neighborhood development and provides for the continuity of traffic movement.

(2) Streets which follow irregular alignment, or indicate revised alignments or are not referenced to established lines, shall follow in a general manner the alignment shown on the thoroughfare plan. Their alignment shall be subject to detailed surveys which may be made by the Common Council or by the City Plan Commission or by other public agencies, or by the approval of the City Plan Commission prior to the acquisition of land or the filing of subdivision plans affecting such streets.

(E) Consideration of public agencies. After adoption of the thoroughfare plan and this chapter, the Common Council shall be guided by and give consideration to the general policy and pattern of development set out in the thoroughfare plan in the authorization, construction, alteration or abandonment of public highways and structures.

(F) Issuance of permits. In the case of permits authorized by the Common Council for the erection or alteration of structures and other improvements, the permit shall be issued only if the proposed street and thoroughfare rights-of-way, as set forth by this plan, will be protected from encroachment and, for planning and zoning purposes, the proposed street and thoroughfare right-of-way lines will be considered as the front line of lots and tracts bordering such streets and thoroughfares. (’73 Code, § 18-6)

(Ord. 9-71, passed - -71)

151.13 MASTER PLAN ON FILE.

(A) The maps, charts, plans and ordinances which comprise the master plan are on file in the office of the Clerk-Treasurer in the City Building, and are available for public inspection during all regular office hours of the Clerk-Treasurer. (’73 Code, § 18-10)

(B) The Clerk-Treasurer of the city is hereby ordered and directed to keep on file, for public inspection during all regular office hours, two copies of the master plan, including maps, charts, plans and ordinances referred to herein. (’73 Code, § 18-11)

(Ord. 9-71, passed - -71)

151.14 AMENDMENT PROCEDURE.

The master plan may be amended from time to time according to the procedure set forth by law, except that, if the Common Council desires an amendment it may direct the Plan Commission to prepare an amendment and submit it to a public hearing within 60 days after formal written request by the Common Council, or the City Plan Commission may on its own motion initiate a petition for a change in this chapter.

(’73 Code, § 18-12) (Ord. 9-71, passed - -71)

PERMITS; CERTIFICATES

151.25 IMPROVEMENT LOCATION PERMITS.

(A) Within the city, and any area within the jurisdiction of the City Plan Commission, no structure, improvement or use of land may be altered, changed, placed, removed, evacuated, demolished, erected or located on platted or unplatted lands, unless the structure, improvement or use, and its location, conform with the master plan, and an improvement location permit for such structure, improvement or use has been issued. It is hereby declared that the intent of the permit requirements of this section shall not prevail with respect to a structure except a dwelling, which is clearly incidental to agricultural operations. (’73 Code, § 18-13)

(B) The Building Inspector of the city is hereby designated and authorized to enforce this section and shall issue an improvement location permit, upon written application, on forms provided by the city, when the proposed structure, improvement or use and its location conform in all respects to the master plan for the city. (’73 Code, § 18-14)

(C) Any person who shall make application for an improvement location permit shall, at the time of making such application, furnish the Building Inspector with a site plan or development plan of the real estate upon which such application for an improvement location permit is made, at least five days prior to the issuance of the improvement location permit, which five-day period may be waived by the Building Inspector.

(1) The site plan shall be drawn to scale, showing the following items:

(a) Legal or site description of the real estate involved.

(b) All adjacent and adjoining roads or highways, streets, alleys, railroads or waterways.

(d) Location, dimension and size of all buildings and structures, existing and proposed.

(e) All yard dimensions and building lines.

(f) Width, length and location of all entrances and exits to and from such real estate.

(2) The development plan shall be drawn to scale, showing the following items:

(a) Legal or site description of the real estate involved, including the area involved.

(b) Location, dimension and size of all buildings and structures, existing and proposed.

(d) Widths, lengths and location of all entrances and exits to and from such real estate.

(e) All adjacent or adjoining roads or highways, streets, alleys, railroads or waterways.

(f) Arrangement of service areas, planting areas and parking areas.

(g) Front lot line (street property line), and side and rear lot lines.

(’73 Code, § 18-15)

(D) An application for an improvement location permit for any use, subject to the open industrial use provisions of the Zoning Code, shall be accompanied by a certificate of compliance, subscribed by a registered professional engineer or architect of the State of Indiana, certifying that the use intended will satisfy the performance standards of the district in which it is to be located. The Building Inspector may take ten days in which to study the application, during which time he may consult with appropriate technical consultants. If, after the ten-day period, the Building Inspector has not required any additional information or stated any objection in writing, the Building Inspector shall issue the improvement location permit. (’73 Code, § 18-16)

(E) All applications, descriptions, maps, site plans, development plans, certificates or other papers pertaining to applications for improvement location permits shall be filed by the Building Inspector, and become a permanent record. (’73 Code, § 18-17)

(F) The Building Inspector shall issue an improvement location permit for a special exception as set forth in the Zoning Code, only following receipt from the City Board of Zoning Appeals that the application therefor has been approved. Also, the Building Inspector shall issue or revoke an improvement location permit, as the use may be, upon order of the City Board of Zoning Appeals, as a result of an action of such Board concerning appeals or requests upon which the Board is required to act in accordance with the terms of the Zoning Code. (’73 Code, § 18-18)

(G) The work or use authorized by any improvement location permit or permit for a variance, contingent use or other permit, except for a special exception, as set forth in the Zoning Code, must be commenced within six months of the date of issuance of such permit. Otherwise, the same shall lapse and become null and void. All work so authorized shall be completed within 24 months from the date of issuance of the permit therefor, except for a special exception, and provided that for good cause shown, the Building Inspector may extend the work completion time. (’73 Code, § 18-19)

(H) No improvement location permit shall be issued for excavation for or the erection, reconstruction or structural alteration or demolition of any building, before application has been made for a certificate of occupancy. (’73 Code, § 18-24)

(I) Any decision of the Building Inspector of the city concerning the issuance of an improvement location permit may be appealed to the City Board of Zoning Appeals when the decision in question involves a requirement of the Zoning Code, or to the City Plan Commission when the decision in question involves the requirements of other parts of the master plan, by any person claiming to be adversely affected by such decision. (’73 Code, § 18-26)

(Ord. 10-71, passed - -71)

151.26 CERTIFICATES OF OCCUPANCY.

(A) (1) No land shall be occupied or used and no building hereafter erected, 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 Inspector stating that the building and use comply with all of the provisions of the Zoning Code applicable to the building or premises or the use in the district in which it is to be located.

(2) Upon completion of the improvement covered by the improvement location permit, the applicant shall notify the Building Inspector accordingly and the Building Inspector shall inspect the premises; and if his inspection shall reveal that the improvement has been completed in substantial conformity with the site plan or development plan and certificate of compliance when required, and any approved amendments thereto, he shall issue a certificate of occupancy.

(’73 Code, § 18-20)

(B) No change shall be made in the use of land (except agricultural) or in the use of any building or part thereof, now or hereafter erected, reconstructed or structurally altered, without a certificate of occupancy having been issued by the Building Inspector, and no such permit shall be issued to make such change unless it is in conformity with the provisions of the Zoning Code. (’73 Code, § 18-21)

(C) A certificate of occupancy shall be applied for coincidentally with the application for an improvement location permit and shall be issued within ten days after the lawful erection, reconstruction or structural alteration of such building or other improvement of the land shall have been completed, providing the Building Inspector has received notification. (’73 Code, § 18-22)

(D) A record of all certificates of occupancy shall be kept in the office of the Building Inspector and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building or land affected. (’73 Code, § 18-23)

(Ord. 10-71, passed - -71)

151.27 APPLICATION FORMS; FEES.

(A) Applications and petitions filed pursuant to the provisions of this subchapter shall be filed on the forms with any necessary exhibits or documents and shall be accompanied by the filing fees hereinafter specified, which shall be paid to the Building Inspector who shall forthwith pay said fees over to the Clerk-Treasurer to the credit of the General Fund of the city.

(1) For each application for an improvement location permit, a fee of $5 shall be paid.

(2) For each application for a certificate of occupancy or temporary certificate of occupancy, a fee of $5 shall be paid.

(B) No part of any filing fee paid pursuant to this subchapter shall be returnable to the applicant or petitioner, except that in the event an application for an improvement location permit has been denied, the fee for the certificate of occupancy therefor shall be returned to the applicant. In addition to the fees set forth herein, the applicant shall meet the cost of publication of notices and due notices to interested parties.

(’73 Code, § 18-25) (Ord. 10-71, passed - -71)

VIOLATIONS

151.40 VIOLATIONS AS NUISANCE.

Any building 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 such manner as nuisances are now or may hereafter be abated under existing law.

(’73 Code, § 18-28(c)) (Ord. 10-71, passed - -71)

151.41 INJUNCTIONS.

(A) The City Plan Commission, the Building Inspector 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.

(B) The City Plan Commission or the City Board of Zoning Appeals 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 chapter.

(’73 Code, § 18-28(a), (b)) (Ord. 10-71, passed - -71)