Online Garrett City Code
(a). A person must apply for, pay all fees with respect to, and be issued an improvement location permit before erecting, altering, or repairing any structure on platted or unplatted land, or before making any change in the use or in the condition of the land. Applications for improvement location permits shall be made on forms provided by the Zoning Administrator. All applicable fees shall be paid to the Clerk-Treasurer.
1. For the purpose of this Ordinance, a driveway, as defined in §153.03.3(a), is considered to be a structure, and shall require the issuance an Improvement Location Permit prior to construction. (Amended February 1, 2000 by Ordinance #2000-3).
(b). A structure may not be located, erected, repaired, altered or expanded; and an Improvement Location Permit may not be issued, unless the use, character, and location of the structure are in conformity with the provisions of this Ordinance. (Amended by Ordinance # 2293).
1. An application for an Improvement Location Permit (ILP) shall not be approved until it has been ascertained by the Zoning Administrator that the applicant is in compliance with the filing requirements for erosion control on construction sites as in IAC 327 15-5 or as amended from time to time (Amended October 7, 2003 by Ordinance #2003-17).
(c). The authority to issue improvement location permits shall be vested in the Zoning Administrator, subject to the requirements of this ordinance.
(d). The fee for an improvement location permit shall be as prescribed in Table 23 of this Ordinance. (Amended by Ordinance # 99-4).
(e). A person who applies for an Improvement Location Permit must provide to the Zoning Administrator a site plan drawn to scale illustrating (Amended by Ordinance # 2293):
(1). The location of the land in relation to the surrounding streets, roads, alleys and other significant landmarks.
(2). The location and dimensions of all existing and proposed buildings and building expansions.
(3). The location and dimensions of all existing and proposed entrances and exits to and from the property subject to the permit, and all entrances and exits to and from all existing and proposed buildings.
(4). If the proposed construction involves the construction of a new, or the expansion of an existing, industrial or commercial use, the applicant must illustrate all relevant utility lines on the site plan. The Zoning Administrator may require such illustration for residential site plans.
(5). Other information as may be required by the Zoning Administrator. Such site plans shall be maintained as permanent records by the Zoning Administrator.
(f). A plan of landscaped development shall be attached to the site plan, if the application is an airport, hospital, industrial park, mobile home park, penal or correctional institution, a private recreational development, a public utility substation or exchange, or a shopping center.
(g). As a condition to the issuance of the permit, the Zoning Administrator may require the relocation of any structure or of any entrance or exit, or the addition of an entrance or exit, if necessary to the public welfare.
(h). Improvement location permits shall be effective for up to one (1) year from the date of issuance, except for as provided by §153.08.1(h)(1) of these regulations. Thereafter, the permit is void.
(1). After an improvement location permit is granted, the Zoning Administrator has the authority to review work performed under the permit thirty (30) days after the issue date of the permit, and every thirty (30) days afterward during the valid term of the permit. If, at any time during the term of the permit, following a site review, and consultation with the property owner, the Zoning Administrator determines that the property owner is not making a good faith effort to complete the work specified in the permit, he/she shall cause the Assistant City Attorney to pursue enforcement action against the property owner under §153.11.4 of these regulations, or under the City of Garrett Unsafe Building Ordinance, as provided. (Amended by Ordinance # 95-3).
(i). The Zoning Administrator shall route site plans for proposed industrial and commercial developments for review and comment by the City Engineer, the Utilities Superintendent, the Street Superintendent, the Police Department, the Fire Department and the Board of Works. (Amended by Ordinance # 2293).
§ 153.08.2 Certificate of Occupancy
a. No land or structure may be used or occupied unless a certificate of occupancy permit is issued by the Dekalb County Building Inspector or other such individual duly authorized by the Mayor
(1). The Zoning Administrator, or other such individual duly authorized by the Mayor, shall issue a certificate of occupancy, after receipt of a “Certificate of Completion Report” from the DeKalb County Building Department and, if needed, inspection of the premises, he determines that the construction, alteration, repair conforms to this ordinance and the terms of the improvement location permit (Amended October 7, 2003 by Ordinance #2003-17).
§ 153.08.3 Construction Design Release
If an application for an improvement location permit relates to construction that is subject to the approval of the Indiana Department of Fire and Building Services or other know State and/or federal agencies, then the Zoning Administrator shall not issue the permit unless and until a construction design release is issued by the office of the State Building Commissioner or other agencies as applicable.
(a). An improvement location permit for a special exception or a shopping center may not be issued until the application has been approved by the Board and the Zoning Administrator has been notified by the Board of the approval.
(b). For each SC District symbol on the Zone Map, not more than one improvement location permit may be in effect at one time.
(c). If a person to whom an improvement location permit has been issued for a shopping center or a planned residential development:
(1). Fails to begin construction within twenty-four (24) months after the permit is issued, fails to complete thirty (30) percent of the total plan within thirty-six (36) months after the permit is issued or within twelve (12) months after construction is begun (whichever period expires later), or fails to comply with the approved plan, he may be required by the Board on its own initiative, and shall be required by it upon written request of any interested person, to show cause why the permit should not be revoked. However, an order to show cause may not be issued for failure to begin construction on time if in the meantime construction has begun.
(2). In a proceeding to show cause under paragraph (1), the Board shall hold a public hearing, of which written notice shall be published according to law and sent by registered mail to the holder of the permit. This notice must be published and mailed at least ten (10) days before the date set for the hearing.
(3). At the hearing, evidence may be presented by the person present. If on evidence the Board finds that the holder of the permit has failed as described in paragraph (1), it shall revoke the permit. However, if it considers the failure correctable within six (6) months, it may defer revocation and continue the hearing until a specified day within that period.
(d). Upon application by the holder of an improvement location permit for a shopping center or planned development, the Board may change the plan on which the permit is based. The Board shall handle the application as if it were an original application for an improvement location permit for a special exception. If it approves the application, the Board shall notify the Zoning Administrator, who shall issue an amended permit reflecting the approved change.
§ 153.08.5 Outdoor Advertising Signs
An improvement location permit for an outdoor advertising sign may not be granted unless it requires the relocation or removal of the sign within sixty (60) days after the Zoning Administrator is notified that the land on which the sign is located, or land within three-hundred (300) feet of the sign, has been platted for residential use or has been rezoned to a residence district.
A record of each improvement location permit shall be kept by the Zoning Administrator. Upon request, a copy shall be furnished to any person having a proprietary or possessory interest in the premises concerned.
NOTE: This Code is subject to amendment periodically
as permitted by the Indiana Code. Such amendments
may not be immediately posted to this site.
For the latest print edition of the Garrett City Code of
Ordinances, please direct inquiries to the City of Garrett
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