Online Garrett City Code
Chapter 153.11 - Zoning Ordinance -
CHAPTER 153.11 - ADMINISTRATION, ENFORCEMENT AND APPEALS
§ 153.11.1 Board of Zoning Appeals: Establishment and Organization
(a). A Board of Zoning Appeals is established, with membership as provided by State law.
(b). At the first meeting in each calendar year, the Board shall elect from among its members a Chairman and a Vice Chairman. Consistently with State law, it may appoint and fix the compensation of a secretary and such employees as it considers necessary to discharging its duties.
(c). The Board shall adopt rules of order and shall prescribe such rules as it considers necessary to carry out this ordinance.
(d). Meetings of the Board shall be open to the public.
(e). The Board shall keep minutes of its meetings, keep records of all examinations and other official actions, make all findings in writing, cite the reasons. and principles underlying its decisions in writing, and record the vote of each member on each question. Minutes and records shall be filed in the office of the Boar of and made available to the public.
§ 153.11.2 Board of Zoning Appeals: Hearings
Upon application for a special exception or variance, and upon appeal from a decision of the Zoning Administrator and Board shall hold a public hearing. Public notice setting forth time and place shall be given at least ten (10) days before the date of the hearing in a newspaper of general circulation in the City. Interested parties shall be notified as provided by the Board. The cost of such notices shall be borne by the persons applying or appealing.
BZA hearings shall be governed by the rules adopted for such purpose by the BZA. These rules may be periodically reviewed and amended by the BZA by rule (Amended April 2, 2002 by Ordinance # 2002-7).
§ 153.11.3 Zoning Administrator
The Office of Zoning Administrator is established. The Zoning Administrator has the principal responsibility for enforcing this ordinance.
(a). Any person, whether as principal, agent, owner, lessee, tenant, contractor, builder, architect, engineer or otherwise, who violates any provisions of this Ordinance shall be guilty of a zoning ordinance violation. Such person shall, upon conviction, be punished by a fine of not less than Twenty-Five Dollars ($25.00), and not more than Two-Thousand, Five-Hundred Dollars ($2,500.00) for each offense. Each day of the existence of any violation of this Ordinance shall be a separate offense. (Amended by Ordinance # 2293).
(b). The erection, construction, enlargement, conversion, moving or maintenance of any building or structure; and the use of any land or building that is continued, operated or maintained contrary to any provision of this Ordinance is hereby declared to be a nuisance and an unlawful violation of this Ordinance. The Plan Commission, the BZA, or their designated officer, may institute a suit for injunction in the Circuit Court, or any Superior Court, of Dekalb County, to restrain any person or governmental unit from violating any provision of this Ordinance; and to cause any such violation to be prevented, abated or removed. Such action may also be instituted by any property owner who may be especially damaged by the violation of any provision of this Ordinance. (Amended by Ordinance # 2293).
(c). The Plan Commission, the BZA, or their designated officer, may also bring an action in the Circuit Court or Superior Court of Dekalb County, Indiana, for a mandatory injunction directing a person who violates, or is liable for a violation, of this Ordinance, to remove a structure erected, used or maintained in violation of this Ordinance. (Amended by Ordinance # 2293).
(d). Any sign erected or maintained contrary to, or in violation of, the provisions of this Ordinance shall be declared, and hereby is declared, to be a common nuisance. The owner of any sign, or the owner of the land or premises upon which it is located shall be liable for maintaining a common nuisance. (Amended by Ordinance # 2293).
(e). If any sign is unlawfully erected, altered or maintained, the Zoning Administrator, or any officer of the City of Garrett, may enter onto that property and take appropriate action to bring the sign or property into compliance with the provisions of this Ordinance. However, before such action is undertaken, all persons holding a substantial interest in the sign or property must be given notice by certified mail, and must be given a minimum ten (10) days to bring the sign or property into compliance. (Amended by Ordinance # 2293).
(f). The Plan Commission, the Board of Zoning Appeals or any officer of the City of Garrett may also institute a civil action to enjoin any person who erects or maintains a sign in violation of the provisions of this Ordinance, or may institute an action for mandatory injunction against a property owner to remove a sign erected or maintained in violation of this Ordinance. (Amended by Ordinance # 2293).
(g). The remedies provided for in this subsection shall be cumulative and not exclusive, and shall be in addition to any other remedies provided by law. (Amended by Ordinance # 2293).
(a). A decision of the Zoning Administrator, based upon his / her interpretation of this Ordinance, as amended, may be appealed to the BZA by any person who is adversely affected by such a decision. An application for an appeal must be made to the Zoning Administrator. The filing fee for an appeal is as prescribed by Table 23 of this Ordinance (Amended April 2, 2002 by Ordinance # 2002-7).
(b). On an appeal under subsection (a), the Board may make any decision that the Zoning Administrator might have made.
(c). A decision of the Board is subject to review by certiorari.
(d). If, after public hearing, the BZA rejects an appeal, the must wait one (1) year before submitting a petition for the same property (Amended April 2, 2002 by Ordinance # 2002-7).
§ 153.11.6. Rezoning FP Districts
(a). Proposals for rezoning "FP-Floodplain" districts shall be as prescribed by Chapter 153.13 "Flood Hazard Areas" of this Ordinance. The Indiana Department Natural Resources, and any other relevant state and federal agencies shall be consulted before pursuing rezoning action (amended April 2, 2002 by Ordinance # 2002-7).
(a). All amendments to this Ordinance shall be made in conformance with the IC 36-7-4-600 Series, as amended. (Amended by Ordinance # 2293).
(b). No amendment to this ordinance that involves matters portrayed on the zone map shall become effective until such change has been entered on the certified zone map on file with the City Clerk.
(c). For each petition for amendment to this Ordinance, the filing fee shall be as prescribed in Table 23 of this Ordinance payable to the Clerk Treasurer. Application for an amendment to this Ordinance shall be made to the Zoning Administrator. The petitioner shall assume the cost of publishing a public notice and providing due notice, by certified mail, to all interested persons designated by the Plan Commission. (Amended by Ordinance # 99-4).
(a) The various fees associated with the administration of this Ordinance are as prescribed in Table 23 of this Ordinance. (Amended by Ordinance # 99-4).
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
Clerk Treasurer.
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