TITLE XV: LAND USAGE Chapter 150. BUILDING REGULATIONS 151. MOBILE HOMES 152. FLOODPLAIN REGULATIONS 2 Mitchell - Land Usage CHAPTER 150: BUILDING REGULATIONS Section General Provisions 150.01 Review of building permit applications to determine if sites are safe from flooding 150.02 State enforcement of building standards adopted by reference Building Code 150.05 Title; scope 150.06 Compliance 150.07 Building materials and methods 150.08 Building department established 150.09 Building commissioner; authority and duties 150.10 Inspection of unsafe buildings; signs posted; notice to owners 150.11 Building permit required; application 150.12 Plats, plans and specifications filed with application; exceptions 150.13 Issuance of permit required; application 150.14 Permit fees 150.15 Inspection by building commissioner 150.16 Type of inspection 150.17 Improvement location permits Unsafe Building Law 150.20 Establishment 150.21 Adoption of state law 150.22 Description of unsafe building 150.23 City building inspector 150.24 Declared a nuisance 150.25 Discretion of city officials 150.26 Reconstruction or repair to buildings 150.27 Unsafe building fund 150.28 Violations 150.29 Cost of demolition and/or removal 2005 S-6 4 Mitchell - Land Usage Dwellings Unsafe for Human Habitation 150.40 Dwelling is unfit for human habitation 150.41 Order of vacation 150.42 Extension of time for compliance 150.43 Public nuisance 150.44 Purification, cleansing, disinfecting, etc. 150.45 Order to be served upon tenant and owner 150.46 Petition for review of order 150.47 Bond 150.48 Trial of review proceedings; appeals 150.49 Costs 150.99 Penalty GENERAL PROVISIONS § 150.01 REVIEW OF BUILDING PERMIT APPLICATIONS TO DETERMINE IF SITES ARE SAFE FROM FLOODING. (A) The Building Commissioner shall review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a location that has a flood hazard, any proposed new construction or substantial improvement, including prefabricated and mobile homes, must be designed (or modified) and anchored to prevent flotation, collapse, or lateral movement of the structure, use construction materials and utility equipment that are resistant to flood damage, and use construction methods and practices that will minimize flood damage. (B) The Building Commissioner shall review subdivision proposals and other proposed new developments to assure that all such proposals are consistent with the need to minimize flood damage, all public utilities and facilities such as sewer, gas, electrical, and water systems are located, elevated, and constructed to minimize or eliminate flood damage, and adequate drainage is provided so as to reduce exposure to flood hazards. (C) The Building Commissioner shall require new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination form then during flooding. (Res. passed 4-19-76) 2005 S-6 Building Regulations 4A § 150.02 STATE ENFORCEMENT OF BUILDING STANDARDS ADOPTED BY REFERENCE. (A) IC 36-7-9 et seq., Enforcement of Building Standards, is adopted by reference for the city of Mitchell, Indiana. (B) The Building Commissioner of the city is responsible for the administration of such statutes so adopted as a city ordinance. (C) The following definition of "substantial property interest", as provided for in IC 36-7-9-2, is adopted: "any right in real property that may be affected in a substantial way by actions authorized by that chapter of the Indiana Code, including a fee interest, a life estate interest, a future interest, a present possessory interest (such as a lessee or renter), or an equitable interest of a contract purchaser. The interest reflected by a deed, lease, license, mortgage, land sale contract, or lien is not a substantial property interest unless the deed, lease, license, mortgage, land sale contract, lien or evidence of it is: (1) Recorded in the office of the Lawrence County Recorder; or 2005 S-6 4B Mitchell - Land Usage Building Regulations 5 (2) The subject of a written information that is received by the Building Commissioner and includes both the name and address of the holder of the interest described. (The name alone shall not be sufficient.) (D) The notices required by IC 36-7-9-5 shall be as provided for by IC 36-7-9-25. (E) A certification by the State Fire Marshall's office to the effect that any building is unsafe shall be sufficient cause to invoke the provisions of this statute relative to the removal of an unsafe building (or any part thereof). (F) The City Council is the "board or commission" having control over the Building Commissioner for the purpose of any appeal of the Building Commissioner's orders under IC 36-7-9-8 (f). (G) The joint and several liability for costs of persons holding fee interest or life estate interest as provided for in IC 36-7-9-12 and all other sections of such chapter are incorporated herein by reference as fully as if set out in full. (Ord. 10-1997, passed 5-12-97) BUILDING CODE § 150.05 TITLE; SCOPE. (A) Title. This subchapter shall be known as the “Building Code” and shall be cited as such, and referred to herein as “this code.” (B) Scope. New buildings and structures hereafter erected in the city, and building and structures moved into or within the city shall conform to requirements of this code. Additions, alterations, repairs or changes of use or occupancy in all buildings and structures shall comply with provisions for new buildings and structures except as otherwise provided in § 150.06. (Ord. 3-1972, passed - -72) Penalty, see § 150.99 § 150.06 COMPLIANCE. (A) Buildings or structures to which additions, alterations or repairs are made shall comply with all the requirements for new buildings and structures except as specifically provided in this section. (B) When additions, alterations or repairs within any 12-month period exceed 50% of the value of an existing building or structure, the building or structure shall be made to conform to the requirements for new buildings or structures. (C) Buildings or structures moved into the city shall comply with provisions of this code. 1999 S-4 6 Mitchell - Land Usage (D) All buildings or structures both existing and new, and all parts hereof, shall be maintained in a safe and sanitary condition. All devices or safeguards required by this code in a building or structure erected, altered or repaired, shall be maintained in good working order. The owner or his designated agent shall be responsible for the maintenance of the buildings and structures. (E) No person, firm or corporation shall erect, construct, enlarge, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the city, or cause such actions to be done, contrary to or in violation of any of the provisions of this code. (Ord. 3-1972, passed - -72) Penalty, see § 150.99 § 150.07 BUILDING MATERIALS AND METHODS. Provisions of this code are not intended to prevent the use of any material or method of construction not specifically prescribed by this code, provided the alternate has been approved. The Building Commissioner may approve an alternate provided he finds the proposed design is satisfactory and complies with the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code for quality, strength, effectiveness, fire resistance, durability and safety. The Building Commissioner shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. (Ord. 3-1972, passed - -72) § 150.08 BUILDING DEPARTMENT ESTABLISHED. The city Building Department is hereby established and shall be under the Building Commissioner's jurisdiction. (Ord. 3-1972, passed - -72) § 150.09 BUILDING COMMISSIONER; AUTHORITY AND DUTIES. (A) The Building Commissioner shall be appointed by the Mayor. (B) The Building Commissioner is authorized to enforce all provisions of this code, and for these purposes he shall have the powers of a police officer. (C) In accordance with the procedure and with the approval of the appointing authority of the municipality, the Building Commissioner may appoint a number of officers, inspectors and assistants and other employees, authorized from time to time. He may deputize the employees as may be necessary to carry out the functions of the building department. (D) Upon presentation of proper credentials, the Building Commissioner or his duly authorized representative, may enter at reasonable times any building, structure or premises in the city to perform 1999 S-4 Building Regulations 7 any duty imposed on him by this code. (E) Whenever any building work is being done contrary to the provisions of this code, the Building Commissioner may order the work stopped by a notice in writing served on any persons engaged in doing or causing the work to be done, and the persons shall forthwith stop the work until authorized by the Building Commissioner to proceed with the work. (Ord. 3-1972, passed - -72) Penalty, see § 150.99 § 150.10 INSPECTION OF UNSAFE BUILDINGS; SIGNS POSTED; NOTICE TO OWNERS. (A) All buildings or structures which are structurally unsafe or are provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing structures constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment, are, for the purpose of this section, unsafe buildings. All unsafe buildings are declared public nuisances and shall be abated by repair, rehabilitation or demolition. (B) The Building Commissioner shall examine, or cause to be examined every building or structure or portion thereof reported as dangerous or damaged and, if found to be an unsafe building as defined in this section, he shall give to the owner of the building or structure written notice stating the defects thereof. This notice shall require the owner, within 30 days, to commence either the required repairs or improvements or demolition and removal of the building or structure or portions thereof. If necessary, the notice shall also require the building, structure or portion thereof to be vacated forthwith and not reoccupied until the required repairs and improvements are completed, inspected and approved by the Building Commissioner. Proper service of the notice shall be by personal service upon the owner of record, if he shall be found within the city limits. If he is not found within the city limits, service may be made upon him by registered mail, the 30-day period within which the owner is required to comply with the order of the Building Commissioner, shall begin as of the date he received the notice. (C) Additions, alterations and repairs not exceeding 50% of the value of an existing building or structure and complying with the requirements for new buildings or structures may be made to the building or structure within any 12-month period without making the entire building or structure comply. The new construction shall conform with the requirements of this code for a new building of like area, height and occupancy. The building or structure, including new additions, shall not exceed areas and heights specified in this code. (D) Buildings or structures moved into or within the city shall comply with provision of this code. (E) Unsafe buildings or structures shall be posted at each entrance to such building or structure with the following notice: “Do Not Enter. Unsafe to Occupy. Building Department, City of Mitchell.” The notice shall remain posted until the required repairs are made or demolition is completed. The notice shall not be removed without written permission from the Building Commissioner and no person shall enter the building except to make repairs or to demolish same. 1999 S-4 8 Mitchell - Land Usage (F) In case the owner fails, neglects, or refuses to comply with the notice to repair, rehabilitate or to demolish and remove a building or structure, or portion thereof, the Mayor may order the owner of the building to be prosecuted as a violator of this code and may order the Building Commissioner to proceed with the work specified in the notice. A statement of the cost of work shall be transmitted to the Board of Public Works and Safety, and shall cause the same to be paid and levied as a special assessment against the property. (G) Costs incurred under division (D) shall be paid out of the city treasury and be charged to the land on which the building or structure is located, and shall be collected in the manner provided for special assessments. (Ord. 3-1972, passed - -72) Penalty, see § 150.99 § 150.11 BUILDING PERMIT REQUIRED; APPLICATION. (A) No person, firm or corporation shall erect, construct, enlarge, repair, move, improve, remove, convert, or demolish and building or structure in the city, or cause the same to be done, without first obtaining a separate building permit for each building or structure from the Clerk-Treasurer. (B) To obtain a permit, the applicant shall first file an application before, in writing, on a form furnished for that purpose. Every application shall include the following: (1) Describe the land on which the proposed work is to be done, by lot, block, tract and house and street address, or similar description that will readily identify and definitely locate the proposed building or work; (2) Show the use or occupancy of all parts of the building; (3) Be accompanied by plans and specifications as required in § 150.12; (4) State the valuation of the proposed work; (5) Give other information as may be reasonably required by the Building Commissioner. (Ord. 3-1972, passed - -72) Penalty, see § 150.99 § 150.12 PLATS, PLANS AND SPECIFICATIONS FILED WITH APPLICATION; EXCEPTIONS. (A) Plats. Each application for a building permit shall be accompanied by a plat, in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the size of the building to be erected, constructed or structurally altered, and such other information as shall be necessary to provide for the enforcement of this subchapter. A careful record shall be kept of all such applications and plats in the office of the Building Commissioner. (B) Plans and specifications. Each application for a permit shall be accompanied by two sets of plans and specifications which shall be drawn to scale upon substantial paper or cloth and shall be of 1999 S-4 Building Regulations 9 sufficient clarity to indicate the nature and extent of the work proposed and show such detail that it will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the house and street address of the work and the name and address of the owner and person who prepared them. Plans shall include a plot plan showing the location of the proposed building and of every existing building on the property. In lieu of detailed specifications, the Building Commissioner may approve references on the plans to a specific section or part of this code, or other ordinances or laws. (C) Exceptions. Plans and specifications need not by submitted for small and unimportant work when authorized by the Building Commissioner. (Ord. 3-1972, passed - -72) § 150.13 ISSUANCE OF PERMIT REQUIRED; APPLICATION. (A) The application, plans and specifications filed by an applicant for a permit shall be checked by the Building Commissioner. If the Building Commissioner is satisfied that the work described in an application for permit and the plans filed therewith conform to the requirements of this code and other pertinent laws and ordinances, he shall approve the permit issuance. When the Building Commissioner approves the permit, he shall endorse in writing or stamp on both sets or plans and specifications “Approved.” Approved plans and specifications shall not be changed, modified or altered without authorization from the Building Commissioner, and all work shall be done in accordance with the approved plans. (B) One set of approved plans, specifications and computations shall be retained by the Building Commissioner for a period of not less than 90 days from date of completion of the work covered therein, and one set of approved plans and specifications shall be returned to the applicant which set shall be kept on such building or work at all times during which the work authorized thereby is in progress. (C) The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval for, any violation of any provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid, except in so far as the work or use which it authorizes is lawful. The permit issuance, based upon plans and specifications, shall not prevent the Building Commissioner from requiring the correction of errors in plans and specifications or from preventing building operations being carried on thereunder when in violation of this code or of any other city ordinance. (D) Every permit issued by the Clerk-Treasurer under provisions of this code shall expire by limitation and become null and void, if the building or work authorized by the permit is not commenced within 60 days from the date of the permit, or if the building or work authorized by the permit is suspended or abandoned at any time after the work is commenced for a period of 60 days. Before work can be recommenced, a new permit shall be first obtained, and the fee therefore shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for the work, and that suspension or 1999 S-4 10 Mitchell - Land Usage abandonment has not exceeded one year. (Ord. 3-1972, passed - -72) Penalty, see § 150.99 § 150.14 PERMIT FEES. Before a building permit is issued, a permit fee therefor shall be issued to the Clerk-Treasurer as set forth as indicated. Building Permit Fees Total Valuation Fee Less than $20 No fee $20 to and including $100 $1 More than $100 to and including $400 2 More than $400 to and including $700 3 More than $700 to and including $1,000 4 Each additional $1,000 or fraction to and including $15,000 2 Each additional $1,000 or fraction to and including $50,000 1 Each additional $1,000 or fraction exceeding $50,000 .50 (B) Where work for which a permit is required by this code is started or proceeded with prior to obtaining the permit, the fees above specified shall be doubled, but the payment of a double fee shall not relieve any persons from fully complying with this code's requirements in the execution of the work nor from any other penalties prescribed in this subchapter. (Ord. 3-1972, passed - -72) § 150.15 INSPECTION BY BUILDING COMMISSIONER. (A) All construction or work for which a permit is required shall be subject to inspection by the Building Commissioner. (B) Work requiring a building permit shall not be commenced until the permit holder or his agent shall have posted an inspection record in a conspicuous place on the front premises and in such position to allow the Building Commissioner to conveniently make the required entries thereon 1999 S-4 Building Regulations 11 regarding inspection of the work. This card shall be maintained in such position by the permit holder until the completion of the job. (C) No work shall be done on any part of the building or structure beyond the point indicated in each successive inspection without first examining the written approval of the Building Commissioner. Written approval shall be given only after an inspection has been made of each successive step in the construction as indicated by each of the inspections required in § 150.16. (D) There shall be a final inspection and approval on all buildings completed and ready for occupancy. (E) No reinforcing steel or structural framework of any part of any building or structure shall be covered or concealed in any manner whatsoever without first obtaining the approval of the Building Commissioner. (Ord. 3-1972, passed - -72) Penalty, see § 10.99 § 150.16 TYPE OF INSPECTION. (A) The Building Commissioner, upon notification from the permit holder or his agent, shall make the following inspections and shall either approve that portion of the construction as completed or shall notify the permit holder or his agent wherein the same fails to comply with the law. (1) Foundation inspection: To be made after trenches are excavated and forms erected and when all materials for the foundation are delivered to job. Where concrete from a central mixing plant (commonly termed “transit mixed”) is to be used, materials need not be on the job. (2) Frame Inspection: To be made after the roof, all framing, fireblocking and bracing are in place and all pipes, chimneys and vents are complete. (3) Lath inspection: To be made after all lathing, interior and exterior, is in place and all plastering materials are delivered on the job, but before any plaster is applied. (4) Final inspection: To be made after building is completed and ready for occupancy. (B) In addition to called inspections, specified above, the Building Commissioner may make any other inspections of any construction work to ascertain compliance with provisions of this code and other laws enforced by the department. (Ord. 3-1972, passed - -72) § 150.17 IMPROVEMENT LOCATION PERMITS. (A) 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 an improvement location permit shall have been issued by the Building Commissioner stating that the 1999 S-4 12 Mitchell - Land Usage building and use comply with all of the provisions of this subchapter applicable to the building or premises or the use in the district in which it is to be located. (B) No change in use shall be made in any building or part thereof, now or hereafter erected, reconstructed or structurally altered, without the improvement location permit having been issued by the Building Commissioner. UNSAFE BUILDING LAW § 150.20 ESTABLISHMENT. Under the provisions of IC 36-7-9-1, et. seq., there is hereby established the Mitchell Unsafe Building Law. (Ord. 10-1998, passed 4-6-98) § 150.21 ADOPTION OF STATE LAW. (A) IC 36-7-9-1 through 36-7-9-28 is hereby adopted by reference as the Mitchell Unsafe Building Law. All proceedings within the city for the inspection, repair, and removal of unsafe buildings shall be governed by this law and the provisions of this subchapter. In the event the provisions of this subchapter conflict with the provision of IC 36-7-9-1 through 36-7-9-28, or any part thereof, the provisions of the state statute shall control and prevail. (B) The definition of "Substantial property interest" set forth in IC 36-7-9-2 is hereby incorporated by reference as fully as if copied and set out in full herein. § 150.22 DESCRIPTION OF UNSAFE BUILDING. (A) The description of an unsafe building contained in IC 36-7-9-4 is hereby supplemented to provide minimum standards for building condition or maintenance in the city, by adding the definition provided for in subdivision (B) below: (B) UNSAFE BUILDING. Any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be an UNSAFE BUILDING provided that the conditions or defects exist to the extent that life, health, property or safety of the public or its occupants are endangered. (1) Any door, aisle, passageway, or other means of exit is not of sufficient width or size or is not arranged so as to provide a safe and adequate means of exit in case of fire or panic. (2) The stress in any materials, member, or portion thereof, due to all dead and live loads, is more than one and one half times the working stress of stresses allowed for new buildings of a similar structure, purpose or location. (3) Any portion thereof has been damaged by fire, earthquake, wind, flood or by any other 1999 S-4 Building Regulations 12A cause to an extent that the structural strength or stability thereof is materially less than it was before the catastrophe, and is less than the minimum requirements for new buildings of a similar structure, purpose or location. (4) Any portion, member or appurtenance thereof is likely to fall, to become detached or dislodged, or to collapse and thereby injure persons or damage property. (5) Any portion of a building, or any member, appurtenance or ornamentation, on the exterior thereof is not of sufficient strength or stability or is not so anchored attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified for new buildings of a similar structure, purpose or location without exceeding the working stresses permitted for the buildings. (6) Any portion thereof has cracked, warped, bucked, or settled to an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. (7) The building or structure, or any portion thereof, because of dilapidation, deterioration, or decay; faulty construction; the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; the deterioration, decay or inadequacy of its foundation; or any other cause is likely to partially or completely collapse. (8) For any reason the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. (9) The exterior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base. (10) The building or structure, exclusive of the foundation, shows 33% or more damage or deterioration of its supporting member or members or 50% damage or deterioration of its non-supporting members, enclosing or outside walls, or coverings. (11) The building or structure has been so damaged by fire, wind, earthquake or flood or has become so dilapidated or deteriorated so as to become an attractive nuisance to children or freely accessible to persons for the purpose of committing unlawful acts, including but not limited to trespass. (12) Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to the building or structure provided by any building regulations of the city or of any law or statute of this state or city relating to the condition, location or structure of buildings. (13) Any building or structure, which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion less than 50%, or in any support part, member or portion less than 66% of the strength, fire resisting qualities or characteristics or weather resisting qualities or characteristics, required by law in the case of newly constructed buildings of like area height and occupancy in the same location. 1999 S-4 12B Mitchell - Land Usage (14) A building or structure used or intended by be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangements; inadequate light, air or sanitation facilities, or otherwise, is determined by the health officials to be unsanitary, unfit for human habitation or in a condition that is likely to cause sickness or disease. (15) Any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire resistive construction; faulty electric wiring, gas connection, or heating apparatus; or other cause, is determined by the fire official to be a fire hazard. (16) Any portion of a building or structure remains on a site after the demolition or destruction of the building or structure, or any building or structure is abandoned for a period of six months so as to constitute the building or portion thereof an attractive nuisance or hazard to the public. (Ord. 10-1998, passed 4-6-98) § 150.23 CITY BUILDING INSPECTOR. The City Building Commissioner shall be authorized to administer and to proceed under the provisions of this subchapter in ordering the repair or removal of any buildings found to be unsafe as specified herein or as specified hereafter. (Ord. 10-1998, passed 4-6-98) § 150.24 DECLARED A NUISANCE. All buildings or portions thereof within the city which are determined after inspection by the Building Commissioner to be unsafe as described in § 150.22 hereof are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal. (Ord. 10-1998, passed 4-6-98) § 150.25 DISCRETION OF CITY OFFICIALS. Whenever in the building regulations of the city or in this subchapter, it is provided that anything must be done to the approval of, or subject to, the discretion of the Building Commissioner, or any other officer of this city, this shall be construed to give the officer only the discretion of determining whether the rules and standards established by ordinance have been complied with. No provision shall be construed as giving any officer discretionary powers as to what the regulations or standards shall be, power to require conditions not prescribed by ordinance or to enforce ordinance provisions in an arbitrary or discretionary manner. (Ord. 10-1998, passed 4-6-98) § 150.26 RECONSTRUCTION OR REPAIR TO BUILDINGS. All work for the reconstruction, repair or demolition of buildings and other structures shall be 1999 S-4 Building Regulations 12C performed in a good workmanlike manner according to the accepted standards and practices in the trace. The provisions of the rules pertaining to construction, plumbing, electrical, mechanical and one and two family dwellings, appropriated by the Administrative Building Council of Indiana, shall be considered standard and acceptable practice for all matters covered by this subchapter or orders issued pursuant to this chapter by the City Building Commissioner. (Ord. 10-1998, passed 4-6-98) § 150.27 UNSAFE BUILDING FUND. The City Council is hereafter authorized to set up an operating budget of the city in accordance with the provisions of IC 36-7-9-14. (Ord. 10-1998, passed 4-6-98) § 150.28 VIOLATIONS. No person, firm or corporation, whether or owner, lessee, sublessee or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy or maintain any building or premises or cause to permit the same to be done, contrary to or in violation of any of the provisions of this subchapter of any order issued by the city. (Ord. 10-1998, passed 4-6-98) § 150.29 COST OF DEMOLITION AND/OR REMOVAL. In the event that any such building would have to be demolished and/or removed pursuant to § 150.24, that cost, together with all costs of the city associated therewith, including the expenses of expert witnesses called by the city, shall be payable by the owner of the building so demolished and/or removed within 30 days after they are billed to the address shown on the property tax records of Lawrence County, Indiana, for that particular property. (Ord. 10-1998, passed 4-6-98) DWELLINGS UNSAFE FOR HUMAN HABITATION § 150.40 DWELLING IS UNFIT FOR HUMAN HABITATION. (A) A dwelling is unfit for human habitation when the dwelling is dangerous or detrimental to live or health because of any of the following: (1) Want of repair; 2005 S-6 12D Mitchell - Land Usage (2) Defects in the drainage, plumbing, lighting, ventilation, or construction; (3) Infection with contagious disease; and/or (4) The existence on the premises of an unsanitary condition that is likely to cause sickness among occupants of the dwelling. (B) The Building Inspector of the city may exercise all of the powers granted such inspector in this subchapter and in IC 16-41-20-1, et seq., (Chapter 20) dealing with “Health, Sanitation and Safety; dwellings unfit for human habitation.” (Ord. 6-2004, passed 10-1-04) § 150.41 ORDER OF VACATION. Whenever the Building Inspector determines that a dwelling is unfit for human habitation, the Building Inspector may issue an order requiring all persons living in the dwelling to vacate the dwelling within not less than five days and not more than 15 days. The order must mention at least one reason for the order. (Ord. 6-2004, passed 10-1-04) § 150.42 EXTENSION OF TIME FOR COMPLIANCE. (A) The Building Inspector who issued the order to vacate under § 150.41 shall, for good reason, extend the time within which to comply with this order, which extension shall be in writing and signed by the Building Inspector and dated on the date so signed by such inspector. (B) The Building Inspector may revoke the order if satisfied that the danger from the dwelling has ceased to exist and the dwelling is fit for human habitation. (Ord. 6-2004, passed 10-1-04) § 150.43 PUBLIC NUISANCE. The Building Inspector may declare a dwelling that is unfit for human habitation a public nuisance. The Building Inspector may order to be removed, abated, suspended, altered, improved or purified a dwelling, structure, excavation, business, pursuit or thing in or about the dwelling or the dwelling’s lot, or the plumbing, sewerage, drainage, light or ventilation of the dwelling. (Ord. 6-2004, passed 10-1-04) 2005 S-6 Building Regulations 12E § 150.44 PURIFICATION, CLEANSING, DISINFECTING, ETC. The Building Inspector may order purified, cleansed, disinfected, renewed, altered, repaired or improved a dwelling, excavation, building, structure, sewer, plumbing, pipe, passage, premises, ground or thing in or about a dwelling that is found to be unfit for human habitation or the dwelling’s lot. (Ord. 6-2004, passed 10-1-04) § 150.45 ORDER TO BE SERVED UPON TENANT AND OWNER. An order issued under this subchapter shall be served upon the tenant and the owner of the dwelling or the owner’s rental agent. The order may be served upon a person who by contract has assumed the duty of doing the things that the order specifies to be done. (Ord. 6-2004, passed 10-1-04) § 150.46 PETITION FOR REVIEW OF ORDER. (A) A person aggrieved by an order of the Building Inspector issued under this subchapter may, not more than ten days after the making of the order, file with the Circuit or Superior Court of Lawrence County a petition seeking a review of the order. (B) The Court shall hear the appeal. The Court’s decision is final. (Ord. 6-2004, passed 10-1-04) § 150.47 BOND. The person appealing to the Circuit or Superior Court shall file with the court a bond in an amount to be fixed by the Court with sureties to be approved by the judge and conditioned to pay all the costs off the appeal if the person fails to sustain the appeal or the appeal is dismissed. (Ord. 6-2004, passed 10-1-04) § 150.48 TRIAL OF REVIEW PROCEEDINGS; APPEALS. (A) Review proceedings shall be docked as an action between the appellant and the Building Commissioner of the City of Mitchell and shall be tried as civil actions are tried. (B) The City Attorney for the City of Mitchell shall attend to all the proceedings on the part of the Building Inspector for the City of Mitchell. (C) If no appeal is taken within the required ten days the order of the Building Commissioner is final and conclusive. (Ord. 6-2004, passed 10-1-04) 2005 S-6 12F Mitchell - Land Usage § 150.49 COSTS. A person who: (A) Violates this chapter; or (B) Fails to comply with an order of the Building Inspector is liable for all costs and expenses paid or incurred by the city and the Building Inspector therefor in executing the order. The amount may be recovered in a civil action brought by the city who is entitled to recover reasonable attorneys fees. (Ord. 6-2004, passed 6-4-01) § 150.99 PENALTY. (A) Whoever violates any provision of §§ 150.20 through 150.29 for which another penalty is not provided shall be fined not more than $2,500. (B) Upon conviction of any violation of the building code adopted in this chapter, the person shall be fined not more than $300. A person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any of the provisions of the State Building Code is committed. (C) Any person violating any of the provisions of §§ 150.20 through 150.29 above IC 36-7-9-28 shall be fined not more than $500 for each day or part thereof that the violation continues. (D) Except as otherwise provided, a person who recklessly violates or fails to comply with §§ 150.40 through 150.49 commits a Class B misdemeanor. Each day a violation continues constitutes a separate offense. (Ord. 10-1998, passed 4-6-98; Am. Ord. 6-2004, passed 10-1-04) 2005 S-6 CHAPTER 151: MOBILE HOMES Section General Provisions 151.01 Definitions 151.02 Placement Mobile Homes Outside of Established Parks 151.05 Exceptions; variances Installation Standards 151.15 Foundation siding/skirting requirements Temporary Uses 151.25 Temporary permits; fee 151.26 Length of temporary permit Mobile Home Park Regulations 151.35 Utility connections required 151.36 Age, location of mobile homes 151.37 Mobile home parks 151.38 Higher law shall govern 151.39 Miscellaneous provisions 151.98 Amendment: former law applicable to all violations occurring prior to amendment 151.99 Penalty 2005 S-6 14 Mitchell - Land Usage GENERAL PROVISIONS § 151.01 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. MANUFACTURED HOME. A type 1 manufactured home (also referred to as a "manufactured home") means a dwelling unit, designed and built in a factory, which bears a seal certifying that it was built in compliance with the federal Manufactured Housing Construction and Safety Standards Law of 1974 (42 U.S.C. 5401, et. seq.; IC 36-7-4-1106(a)(1)) and must: (1) Have more than 950 square feet of occupied space in a double-section or larger multi-section unit. (2) Be placed onto a permanent foundation. (3) Utilize a permanent perimeter enclosure in accordance with approved installation standards. (4) Be anchored to the ground, in accordance with the one and two-family dwelling code and to the manufacturer's specifications. (5) Have wheels, axles, and hitch mechanisms removed. (6) Have utilities connected, in accordance with the one and two-family dwelling code and manufacturer's specifications. (7) Have siding material of a type customarily used on site-constructed residences. The Plan Commission's designated administrator may compile a list of approved materials meeting the compatibility tests. MOBILE HOME. Any vehicle either mounted on wheels or designed and constructed therefore, and propelled either by its own power or by other power-driven vehicle to which it is attached, and which is used for living or sleeping purposes. Such mobile home shall be of a size no smaller than 14 feet wide by 70 feet long. (Ord. 3-1992, passed 10-5-92; Am. Ord. 3-1997, passed 2-3-97; Am. Ord. 00-11, passed 7-6-00; Am. Ord. 03-2001, passed 3-5-01) 2005 S-6 Mobile Homes 15 § 151.02 PLACEMENT. (A) Manufactured housing. There are no restrictions as to the placement of manufactured housing, provided such placement does not interfere with, or contradict, the covenants, restrictions, or conditions of the recorded plats of the various housing additions in the city. (B) Mobile homes. (1) All mobile homes installed after October 1, 1992, (the date of the passage of the prior mobile home ordinance) may only be located in approved mobile home parks, (as such mobile home parks are hereinafter defined.) (2) All mobile homes which were installed before October 1, 1992 (the date of the passage of the prior mobile home ordinance) shall not be affected by this chapter; provided, however, such mobile homes must meet all requirements with regard to exterior appearance standards and installation standards of mobile homes located in mobile home parks. (3) Any mobile home existing and placed prior to October 1, 1992, may be upgraded to a newer mobile home provided the age and size requirements as outlined in this chapter have been met. (4) Any rental mobile home existing and placed prior to October 1, 1992, may change ownership provided it is approved in advance by the Planning Commission. (5) Exceptions to § 151.02(B)(2) shall be permitted as outlined in § 151.03. (Ord. 3-1992, passed 10-5-92; Am. Ord. 3-1997, passed 2-3-97; Am. Ord. 00-11, passed 7-6-00; Am. Ord. 03-2001, passed 3-5-01) Penalty, see § 151.99 MOBILE HOMES OUTSIDE OF ESTABLISHED PARKS § 151.05 EXCEPTIONS; VARIANCES. It shall be within the power of the City Planning Commission (initially by the Building Commissioner) to grant a variance to a person or persons to locate a mobile home outside of a mobile home park under the following rules: (A) Sharing lots; time limit. It shall be unlawful for any person to keep for more than 14 days out of any one period of 30 days a mobile home in which any person or persons are living on any lot within the city, when at the time there is on said lot another home used for living purposes. 2005 S-6 16 Mitchell - Land Usage (B) Location on vacant lot. A mobile home under this chapter shall be located on a lot of not less than 4,000 square feet. Further, such mobile home must be located on a lot whereon no other residence home is located, provided the surrounding neighbors and property owners make no objection and the Planning Commissioner issues a permit after finding that its proposed location would be harmonious with the general conditions of the neighborhood. (C) Permit required. No person shall park and occupy any mobile home on a vacant lot or on any lot on which an occupied dwelling is located, either of which is situated outside a duly established mobile home park, or upon a vacant lot located within any mobile home park, without securing a permit to do so from the City Planning Commission. (D) Failure to grant a permit; appeal. In the event the Building Commissioner fails to grant a permit, the applicant shall have the right to appeal to the full Planning Commission Board; in the further event that the full Board fails to grant the permit, an applicant must then appeal to the Board of Zoning Appeals of the city, and the Board of Zoning Appeals is authorized to conduct a hearing and review the decision of the Zoning Board. (E) Appeal to Circuit Court. In the event the Board of Zoning Appeals sustains the decision of the Planning Commission, the applicant shall have a right of appeal to the Circuit Court under the provisions of the state law and the zoning ordinance of the city. (F) Utility connection. Mobile homes used as a permanent dwelling or for an indefinite period of time and located outside duly established mobile home parks shall be connected with the city water supply and sanitary systems as required by improvement location permit. (Ord. 03-2001, passed 3-5-01) Penalty, see § 151.99 INSTALLATION STANDARDS § 151.15 FOUNDATION SIDING/SKIRTING REQUIREMENTS. (A) All manufactured or mobile homes without a permanent perimeter enclosure, whether located inside or, by means of a variance duly issued, located outside of, a mobile home park, shall have an approved foundation siding/skirting enclosing the entire perimeter of the home. Foundation siding/skirting and backup framing shall be weather-resistant, non-combustible or self-extinguishing materials, which blend with the exterior siding of the home and must be installed a minimum of six inches below level. The siding shall be installed in accordance with manufacturer's recommendations or approved equal standards. (B) The siding shall be ventilated by openings, which shall have a net area of not less than 1 1/2 square feet for each 25 linear feet of exterior perimeter. The openings shall be covered with corrosion-resistant wire mesh not larger than 1/2 inch in any dimension. The under floor also shall be provided 2005 S-6 Mobile Homes 17 with an 18 inch by 24 inch minimum size access crawl hole, which shall not be blocked by pipes, ducts, or other construction interfering with the accessibility of the under floor space, or other approved access mechanism. (C) All set-up as above prescribed must be completed within 60 days after the mobile home or manufactured home is first placed upon the premises. In the event that weather prevents the owner from complying with this, the owner may request from the Building Commissioner one 30-day extension. The request must be requested prior to the end of the original 60-day period. (Ord. 03-2001, passed 3-5-01) TEMPORARY USES § 151.25 TEMPORARY PERMITS; FEE. (A) Fee. A temporary use permit shall be issued by the Building Commissioner. The fee shall be $25 and is in addition to all other required permits for utilities and sewage disposal systems. (B) Temporary residence. A temporary permit shall be issued to an applicant in the process of building a conventional dwelling to located a manufactured or mobile home on a building lot during the course of construction of the dwelling. The permit shall not be issued until a building permit for the dwelling has been issued. (C) Construction office. A temporary permit shall be issued to an applicant to use a manufactured or mobile home as a caretaker’s quarters or construction office at the job site. (Ord. 03-2001, passed 3-5-01) § 151.26 LENGTH OF TEMPORARY PERMIT. (A) A temporary use permit may be issued, at the discretion of the Building Commissioner, for a period not to exceed six months. The temporary permit may be renewed for an additional six month period upon showing of good cause, and with permission to do so. (B) At the time the temporary permit expires, the manufactured or mobile home and all appurtenances shall be removed from the property within 30 days. (Ord. 03-2001, passed 3-5-01) Penalty, see § 151.99 2005 S-6 18 Mitchell - Land Usage MOBILE HOME PARK REGULATIONS § 151.35 UTILITY CONNECTIONS REQUIRED. Manufactured or mobile homes used for temporary uses shall have an approved water supply, sewage, disposal system, and utility connections, where appropriate, and at the discretion of the Planning Commission's designated administrator. (Ord. 03-2001, passed 3-5-01) § 151.36 AGE, LOCATION OF MOBILE HOMES. (A) All mobile and manufactured homes, regardless of where located inside the city limits of the city, must be no older than ten years old on the date same is place in any location in the city or on the date its location is changed in the city. Further, such mobile home and manufactured homes must be HUD approved and comply with state regulations. (B) All mobile homes that are rental properties will be allowed in mobile home parks only. All other mobile homes will be treated as real estate and must be occupied by the owner and be on his or her land or in mobile home parks, as permitted elsewhere in this chapter. (Ord. 03-2001, passed 3-5-01) Penalty, see § 151.99 § 151.37 MOBILE HOME PARKS. (A) Size of park and lots. (1) Mobile home parks shall have an area of not less than three acres. (2) Each mobile home site within the park shall have an area of at least 3,000 square feet. (B) Placement of mobile homes. (1) There shall be at least 20 feet between the mobile homes. (2) No mobile home shall be closer than 30 feet to an adjacent property, or to the park perimeter. (C) Recreation areas. Not less than 10% of the gross area of the park must be improved for recreational activity of the residents of the park. (D) Screening. The park shall be appropriately landscaped and screened from the adjacent properties, in accordance with the approved site. 2005 S-6 Mobile Homes 19 (E) Streets, sidewalks and driveways. All streets, sidewalks, and driveways shall be privately maintained and shall be constructed in accordance with the applicable standards contained in subdivisions regulations. (Ord. 03-2001, passed 3-5-01) Penalty, see § 151.99 § 151.38 HIGHER LAW SHALL GOVERN. In the event that any of the above requirements of a mobile home park shall be inconsistent with any state or federal law, statute, rule or regulation, such other law, statute, rule or regulation shall take precedence, and to that extent this subchapter shall not be applicable. (Ord. 03-2001, passed 3-5-01) § 151.39 MISCELLANEOUS PROVISIONS. (A) The owner of any mobile home park shall be responsible for the policing of the mobile home park as far as making sure all debris and garbage is cleaned up, all city ordinances are complied with, all skirting attached at all times, no broken windows, no bare wires, all mobile homes secured at all times, no unsafe mobile homes parked on the premises and that the owner of such mobile home parked shall be the responsible party for receiving all notices under the mobile home chapter. The mobile home owner may delegate this responsibility to a mobile home park manager but this delegation shall not remove the liability of the mobile home park owner if the manager does not abide by this chapter. The mobile home park owner shall be responsible for all fines under divisions (E) and (F) of this section. (B) All mobile home park owners shall furnish the City Building Commissioner with a roster of the owners of the mobile homes parked in such mobile home park, which roster shall contain the name of each owner, the size of the mobile home, the date when the mobile home was parked in the mobile home park and the date each mobile home is removed therefrom. (C) All mobile home park owners shall furnish the City Building Commissioner with the name of all residents of the mobile home park in order that a copy of same may be furnished to the police department, fire department and emergency personnel. (D) All mobile homes are to be numbered with numbers at least six inches high black against a light background visible from the main road by police and other emergency vehicles not obscured by any brush or trees or anything else and no two units in a mobile home park shall have the same number. (E) Any mobile home where the flooring is weak or there are holes in the floor must be fixed within 30 days after notice is mailed to the owner by the City Building Commissioner. If not fixed within such 30 day period, then the owner shall remove the mobile home from the premises. 2005 S-6 20 Mitchell - Land Usage (F) To prevent confusion, all mobile and manufactured homes, all mobile home parks and all lots upon which mobile or manufactured homes are located must continue to comply with the weed/litter chapter (Ordinance No. 3-1999) and the unsafe building chapter (Ordinance No. 10-1998). (Ord. 03-2001, passed 3-5-01) Penalty, see § 151.99 § 151.98 AMENDMENT: FORMER LAW APPLICABLE TO ALL VIOLATIONS OCCURRING PRIOR TO AMENDMENT. This chapter as adopted amends Ordinance No. 00-11, Chapter 151, previously passed on July 6, 2000. (Ord. 03-2001, passed 3-5-01) § 151.99 PENALTY. (A) Any violations of the 1981 restrictions, HUD or permits for mobile homes will result in the owner being penalized in accordance with applicable law. (B) Rental regulation. Violation of the rental regulation for mobile homes will result in a penalty of $25 for each day of violation. (C) Temporary permits. Anyone who exceeds permit deadline will be penalized $25 per week until property is moved. (D) Manufactured homes or mobile homes or dwellings not meeting standards. Manufactured homes or mobile homes or dwellings not meeting standards will be fined as set forth below: (1) No permit: $25 per day per violation. (2) Not meeting any of the standards: $25 per day per violation. (3) Not meeting installations standards: $25 per day per violation after the first 60 days following the date the mobile home or manufactured home is first set upon the real estate (unless an extension has been applied for and granted). (E) Mobile home parks. Any violations of § 151.35 shall result in a fine of $50 per day per violation per mobile or manufactured home until the violation is removed or remedied to the satisfaction of the City Building Commissioner. (F) All other violations. Any violation of any other part of this chapter on the regulation of mobile homes and manufactured housing shall result in a fine of $25 per day per violation per mobile or manufactured home. (Ord. 03-2001, passed 3-5-01) 2005 S-6 CHAPTER 152: FLOODPLAIN REGULATIONS Section General Provisions 152.001 Statutory authorization 152.002 Purpose 152.003 Definitions 152.004 Disclaimer of liability 152.005 Abrogation and greater restrictions Regulatory Flood Elevation 152.015 Protection standard 152.016 Delineation of flood elevation Improvement Location Permit 152.030 Permit required 152.031 Application Preventing Increased Damages 152.040 Prevention required 152.041 Floodway standards 152.042 A Zone standards 152.043 Public health standards in all SFHAs Protecting Buildings 152.060 Protection required 152.061 Application of regulations 152.062 Methods of compliance 152.063 Buildings on land fills 152.064 Elevation 152.065 Manufactured homes and recreational vehicles 152.066 Recreational vehicles 152.067 Nonresidential building; elevation alternative 21 22 Mitchell - Land Usage Other Development Requirements 152.080 Review of proposed subdivisions 152.081 Plats; flood elevation to be recorded 152.082 Evacuation plans Variances 152.100 Prerequisites 152.101 Standards and conditions Administration and Enforcement 152.115 Enforcement authority 152.116 Duties of Zoning Administrator 152.999 Penalty GENERAL PROVISIONS § 152.001 STATUTORY AUTHORIZATION. The state legislature granted the power to local units of government (IC 36-7-4) to control land use within their jurisdictions in order to accomplish the purposes set forth in § 152.002 below. (Ord. 2-1995, passed 4-3-95) § 152.002 PURPOSE. (A) The purpose of this chapter is to guide development in the flood hazard areas in order to reduce the potential for loss of life and property, reduce the potential for health and safety hazards, and to reduce the potential for extraordinary public expenditures for flood protection and relief. (B) Under the authority granted to local units of government to control land use within their jurisdiction, which includes taking into account the effects of flooding, the Common Council hereby adopts the following floodplain management regulations in order to accomplish the following: (1) To prevent unwise developments from increasing flood or drainage hazards to others; (2) To protect new buildings and major improvements to buildings from flood damage; (3) To protect human life and health from the hazards of flooding; Floodplain Regulations 23 (4) To lessen the burden on the taxpayer for flood control projects, repairs to flood-damaged public facilities and utilities, and flood rescue and relief operations; (5) To maintain property values and a stable tax base by minimizing the potential for creating flood blighted areas; and (6) To make federally subsidized flood insurance available for structures and their contents in the city by fulfilling the requirements of the National Flood Insurance Program. (Ord. 2-1995, passed 4-3-95) § 152.003 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BASE FLOOD. See REGULATORY FLOOD. BUILDINGS. See STRUCTURE. DEVELOPMENT. Any man-made change to improved or unimproved real estate including but not limited to: (1) Construction, reconstruction, or placement of a building or any addition to a building valued at more than $1,000; (2) Installing a manufactured home on a site, preparing a site for a manufactured home or installing a recreational vehicle on a site for more than 180 days; (3) Installing utilities, erection of walls and fences, construction of roads, or similar projects; (4) Construction of flood control structures such as levees, dikes, dams, channel improvements, etc.; (5) Mining, dredging, filling, grading, excavation, or drilling operations; (6) Construction and/or reconstruction of bridges or culverts; (7) Storage of materials; or (8) Any other activity that might change the direction, height, or velocity of flood or surface waters. DEVELOPMENT does not include activities such as the maintenance of existing buildings and facilities such as painting, reroofing; resurfacing roads; or gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent buildings. 24 Mitchell - Land Usage EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of this chapter. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FBFM. Flood Boundary and Floodway Map. FEMA. Federal Emergency Management Agency. FHBM. Flood Hazard Boundary Map. FIRM. Flood Insurance Rate Map. FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source. FLOODPLAIN. The channel proper and the areas adjoining any wet land, lake or watercourse which have been or hereafter may be covered by the regulatory flood. The floodplain includes both the floodway and the floodway fringe districts. FLOOD PROTECTION GRADE or the FPG. The elevation of the regulatory flood plus two feet at any given location in the SFHA. FLOODWAY. The channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the regulatory flood of any river or stream. FLOODWAY FRINGE. Those portions of the floodplain lying outside the floodway. LETTER OF MAP AMENDMENT (LOMA). An amendment to the currently effective FEMA map that establishes that a property is not located in a Special Flood Hazard Area (SFHA). A LOMA is only issued by FEMA. LETTER OF MAP REVISION (LOMR). An official revision to the currently effective FEMA map. It is issued by FEMA and changes flood zones, delineations, and elevations. LOWEST FLOOR. The lowest of the following: (1) The top of the basement floor; Floodplain Regulations 25 (2) The top of the garage floor, if the garage is the lowest level of the building; (3) The top of the first floor or of buildings elevated on pilings or constructed on a crawl space with permanent openings; or (4) The top of the floor level of any enclosure below an elevated building where the walls of the enclosure provide any resistance to the flow of flood waters, unless: (a) The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, by providing a minimum of two openings (in addition to doorways and windows) having a total area of one square foot for every two square feet of enclosed area subject to flooding. The bottom of all such openings shall be no higher than one foot above grade. (b) Such enclosed space shall be usable for the parking of vehicles and building access. MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term MANUFACTURED HOME does not include a recreational vehicle. NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of this chapter. RECREATIONAL VEHICLE. A vehicle which is built on a single chassis; is 400 square feet or less when measured at the largest horizontal projections; is designed to be self-propelled or permanently towable by a light duty truck; and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational camping, travel, or seasonal use. REGULATORY FLOOD. The flood having a one percent probability of being equaled or exceeded in any given year, as calculated by a method and procedure which is acceptable to and approved by the state Natural Resources Commission and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in §§ 152.015 and 152.016 of this chapter. The REGULATORY FLOOD is also known by the term BASE FLOOD. SFHA or SPECIAL FLOOD HAZARD AREA. Those lands that are subject to inundation by the regulatory flood. The SFHAs of the city are generally identified as such on the Flood Insurance Rate Map of the city prepared by the Federal Emergency Management Agency. The SFHAs of those parts of unincorporated Lawrence County that are within the extraterritorial jurisdiction of the city or that may be annexed into the city are generally identified as such on the Flood Insurance Rate Map prepared for Lawrence County by the Federal Emergency Management Agency and dated June 1, 1994. 26 Mitchell - Land Usage STRUCTURE. A structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home, or a prefabricated building. The term also includes recreational vehicles to be installed on a site for more than 180 days. SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not include improvements of structures to correct existing violations of state or local health, sanitary, or safety code requirements, or any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. (Ord. 2-1995, passed 4-3-95) § 152.004 DISCLAIMER OF LIABILITY. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods can and will occur on rare occasions. Therefore, this chapter does not create any liability on the part of the community, Natural Resources, or the state, for any flood damage that results from reliance on this chapter or any administrative decision made lawfully thereunder. (Ord. 2-1995, passed 4-3-95) § 152.005 ABROGATION AND GREATER RESTRICTIONS. This chapter repeals and replaces other ordinances adopted by the city to fulfill the requirements of the National Flood Insurance Program. However, this chapter does not repeal the original resolution or ordinance adopted to achieve eligibility in the program. Nor does this chapter repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this chapter and other ordinance easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall take precedence. In addition, the city shall assure that all National Flood Insurance Program regulations and laws (310 IAC 6-1-1, IC 14-25 and IC 14-28) are met. (Ord. 2-1995, passed 4-3-95) REGULATORY FLOOD ELEVATION § 152.015 PROTECTION STANDARD. This chapter's protection standard is the regulatory flood. The best available regulatory flood data is listed in § 152.016 below. Whenever a party disagrees with the best available data, the party 1997 S-2 Floodplain Regulations 27 submitting the detailed engineering study needs to replace existing data with better data and submit it to the Department of Natural Resources for review and approval. (Ord. 2-1995, passed 4-3-95) § 152.016 DELINEATION OF FLOOD ELEVATION. (A) The regulatory flood elevation and floodway limits for the SFHAs of those parts of unincorporated Lawrence County that are within the extraterritorial jurisdiction of the city or that may be annexed into the city shall be as delineated on the 100 year flood profiles in the Flood Insurance Study of Lawrence County and the corresponding FBFM or FIRM prepared by the Federal Emergency Management Agency, if applicable. (B) If the SFHA is delineated as AH Zone or AO Zone, the elevation (or depth) will be delineated on the County Flood Insurance Rate Map. If the SFHA is delineated as Zone A on the County Flood Insurance Rate Map, the regulatory flood elevation shall be according to the best data available as provided by the Department of Natural Resources. (Ord. 2-1995, passed 4-3-95) IMPROVEMENT LOCATION PERMIT § 152.030 PERMIT REQUIRED. No person, firm, corporation, or governmental body not exempted by state law shall commence any development in the SFHA without first obtaining an improvement location permit from the Zoning Administrator. The Zoning Administrator shall not issue an improvement location permit if the proposed development does not meet the requirements of this chapter. (Ord. 2-1995, passed 4-3-95) Penalty, see § 152.999 § 152.031 APPLICATION. (A) The application for an improvement location permit shall be accompanied by the following: (1) A description of the proposed development; (2) Location of the proposed development sufficient to accurately locate property and structure in relation to existing roads and streams; (3) A legal description of the property site; (4) A site development plan showing existing and proposed development locations and existing and proposed land grades; 28 Mitchell - Land Usage (5) Elevation of the top of the lowest floor (including basement) of all proposed development. Elevation should be in National Geodetic Vertical Datum of 1929 (NGVD) or North American Vertical Datum (NAVD). In either case the conversion formula should be included. (B) Upon receipt of an application for an improvement location permit, the Zoning Administrator shall determine if the site is located within an identified floodway, floodway fringe or within the floodplain where the limits of the floodway have not yet been determined, and meet all requirements of the Natural Resources Commission, and of §§ 152.040 through 152.067 of this chapter. (Ord. 2-1995, passed 4-3-95) PREVENTING INCREASED DAMAGES § 152.040 PREVENTION REQUIRED. No development in the SFHA shall create a damaging or potentially damaging increase in flood heights or velocity or threat to public health and safety. (Ord. 2-1995, passed 4-3-95) Penalty, see § 152.999 § 152.041 FLOODWAY STANDARDS. Within the floodway identified on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map, the following standards shall apply: (A) No development shall be allowed which acting alone or in combination with existing or future development, will cause any increase in the elevation of the regulatory flood; and (B) For all projects involving channel modifications or fill (including levees) the city shall submit the data and request that the Federal Emergency Management Agency revise the regulatory food data. (Ord. 2-1995, passed 4-3-95) Penalty, see § 152.999 § 152.042 A ZONE STANDARDS. Within all SFHAs identified as A Zones (no 100 year flood elevation and/or floodway/floodway fringe delineation has been provided) the following standard shall apply: The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the regulatory flood elevation more than 1/10 of one foot and will not increase flood damages or potential flood damages. (Ord. 2-1995, passed 4-3-95) Penalty, see § 152.999 Floodplain Regulations 29 § 152.043 PUBLIC HEALTH STANDARDS IN ALL SFHAS. (A) No development in the SFHA shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the Flood Protection Grade, unless such materials are stored in a floodproofed storage tank or building constructed according to the requirements of §§ 152.060 through 152.067 of this chapter. (B) New and replacement sanitary sewer lines and on-site waste disposal systems may be permitted providing all manholes or other above ground openings are located above the FPG, or those which are located below the FPG are watertight. (Ord. 2-1995, passed 4-3-95) Penalty, see § 152.999 PROTECTING BUILDINGS § 152.060 PROTECTION REQUIRED. In addition to the damage prevention requirements of §§ 152.040 through 152.043, all buildings to be located in the SFHA shall be protected from flood damage below the FPG. (Ord. 2-1995, passed 4-3-95) Penalty, see § 152.999 § 152.061 APPLICATION OF REGULATIONS. This building protection requirement applies to the following situations: (A) Construction or placement of any new building valued at more than $1,000; or greater than 400 square feet, whichever is less; (B) Structural alterations made to an existing building that increase the market value of the building by more than 50% (excluding the value of the land); (C) Any subsequent alterations; (D) Reconstruction or repairs made to a damaged building that are valued at or more than 50% of the market value of the building (excluding the value of the land) before damage occurred; (E) Installing a manufactured home on a new site or a new manufactured home on an existing site. This subchapter does not apply to returning the existing manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage; and (F) Installing a travel trailer or recreational vehicle on a site for more than 180 days. (Ord. 2-1995, passed 4-3-95) 30 Mitchell - Land Usage § 152.062 METHODS OF COMPLIANCE. This building protection requirement may be met by one of the following methods. The Zoning Administrator shall maintain a record of compliance with these building protection standards as required in § 152.016 of this chapter. (Ord. 2-1995, passed 4-3-95) § 152.063 BUILDINGS ON LAND FILLS. A residential or nonresidential building may be constructed on a permanent land fill in accordance with the following: (A) The fill shall be placed in layers no greater than one foot deep before compacting to 95% of the maximum density obtainable with the Standard Proctor Test method. (B) The fill should extend at least ten feet beyond the foundation of the building before sloping below the FPG. (C) The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or bulkheading. If vegetative cover is used, the slopes shall be no steeper than three horizontal to one vertical. (D) The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties. (E) The top of the lowest floor including basements, (see definition of lowest floor in § 152.003) shall be at or above the FPG. (Ord. 2-1995, passed 4-3-95) Penalty, see § 152.999 § 152.064 ELEVATION. A residential or nonresidential building may be elevated in accordance with the following: (A) The building or improvements shall be elevated on posts, piers, columns, extended walls or other types of similar foundation provided: (1) Walls of any enclosure below the elevated floor shall be designed to automatically equalize hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, through providing a minimum of two openings (in addition to doorways and windows) having a total area of one square foot for every two square feet of enclosed area subject to flooding. The bottom of all such opening shall be no higher than one foot above grade. (2) Any enclosure below the elevated floor is used for storage of vehicles and building access. Floodplain Regulations 31 (B) The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as buoyancy, current, waves, ice, and floating debris. (C) All areas below the FPG shall be constructed of materials resistant to flood damage. The top of the lowest floor (including basement) and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the FPG. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPG. (Ord. 2-1995, passed 4-3-95) Penalty, see § 152.999 § 152.065 MANUFACTURED HOMES AND RECREATIONAL VEHICLES. Manufactured homes and recreational vehicles to be installed or substantially improved on a site for more than 180 days must meet one of the following anchoring requirements: (A) The manufactured home shall be elevated on a permanent foundation such that the lowest floor shall be at or above the FPG and securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. This requirement applies to all manufactured homes to be placed on a site: (1) Outside a manufactured home park or subdivision; (2) In a new manufactured home park or subdivision; (3) In an expansion to an existing manufactured home park or subdivision; or (4) In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of a flood. (B) This requirement applies to all manufactured homes to be placed on a site in an existing manufactured home park or subdivision that has not been substantially damaged by a flood: The manufactured home shall be elevated so that the lowest floor of the manufactured home chassis is supported by reinforced piers or other foundation elements that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (Ord. 2-1995, passed 4-3-95) Penalty, see § 152.999 § 152.066 RECREATIONAL VEHICLES. Recreational vehicles placed on a site shall either: (A) Be on the site for less than 180 consecutive days; 32 Mitchell - Land Usage (B) Be fully licensed and ready for highway use (defined as being on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or (C) Meet the requirements for manufactured homes in § 152.065. (Ord. 2-1995, passed 4-3-95) Penalty, see § 152.999 § 152.067 NONRESIDENTIAL BUILDING; ELEVATION ALTERNATIVE. A nonresidential building may be floodproofed to the FPG (in lieu of elevating) if done in accordance with the following: (A) A registered professional engineer shall certify that the building has been designed so that below the FPG, the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The building design shall take into account flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice. (B) Floodproofing measures shall be operable without human intervention and without an outside source of electricity. (Ord. 2-1995, passed 4-3-95) OTHER DEVELOPMENT REQUIREMENTS § 152.080 REVIEW OF PROPOSED SUBDIVISIONS. (A) The Zoning Administrator shall review all proposed subdivisions to determine whether the subdivision lies in a flood hazard area as defined in § 152.003. If the Zoning Administrator finds the subdivision to be so located, the Zoning Administrator shall forward plans and materials to the state Department of Natural Resources for review and comment. (B) The Zoning Administrator shall require appropriate changes and modifications in order to assure that: (1) It is consistent with the need to minimize flood damages; (2) All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; (3) Adequate drainage is provided so as to reduce exposure to flood hazards; Floodplain Regulations 33 (4) Onsite waste disposal systems, if provided, will be so located and designed to avoid impairment of them or contamination from them during the occurrence of the regulatory flood. (Ord. 2-1995, passed 4-3-95) § 152.081 PLATS; FLOOD ELEVATION TO BE RECORDED. Developers shall record the 100 year flood elevation on all subdivision plats containing lands within a flood hazard area prior to submitting the plats for approval by the Plan Commission. (Ord. 2-1995, passed 4-3-95) Penalty, see § 152.999 § 152.082 EVACUATION PLANS. All owners of manufactured home parks or subdivisions located within the SFHA identified as Zone A on the community's FHBM or FIRM shall develop an evacuation plan for those lots located in the SFHA and file it with the local Plan Commission and have it filed with and approved by the appropriate community emergency management authorities. (Ord. 2-1995, passed 4-3-95) Penalty, see § 152.999 VARIANCES § 152.100 PREREQUISITES. The Board of Zoning Appeals may consider issuing a variance to the terms and provisions of this chapter provided the applicant demonstrates that: (A) There exists a good and sufficient cause for the requested variance; (B) The strict application of the terms of this chapter will constitute an exceptional hardship to the applicant; and (C) The granting of the requested variance will not increase flood heights, create additional threats to public safety, cause additional public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances. (Ord. 2-1995, passed 4-3-95) § 152.101 STANDARDS AND CONDITIONS. The Board of Zoning Appeals may issue a variance to the terms and provisions of this chapter subject to the following standards and conditions: 34 Mitchell - Land Usage (A) No variance or exception for a residential use within a floodway subject to §§ 152.041 or 152.042 of this chapter may be granted. (B) Any variance or exception granted in a floodway subject to §§ 152.041 or 152.042 will require a permit from Natural Resources. (C) Variances or exceptions to the Building Protection Standards subchapter, §§ 152.060 through 152.067, may be granted only when a new structure is to be located on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection grade. (D) Variance or exception may be granted for the reconstruction or restoration of any structure individually listed on the Register of Historic Places or the Indiana State Survey of Historic Architectural, Archaeological and Cultural Sites, Structures, Districts, and Objects. (E) All variances shall give the minimum relief necessary and be such that the maximum practical flood protection will be given to the proposed construction. (F) The Board of Zoning Appeals shall issue a written notice to the recipient of a variance or exception that the proposed construction will be subject to increased risks to life and property and could require payment of increased flood insurance premiums. (Ord. 2-1995, passed 4-3-95) ADMINISTRATION AND ENFORCEMENT § 152.115 ENFORCEMENT AUTHORITY. The Building Commissioner shall implement this chapter and is referred to in this chapter as the Zoning Administrator. The Zoning Administrator is appointed to review all development and subdivision proposals to insure compliance with this chapter, including but not limited to the duties set forth in § 152.116. (Ord. 2-1995, passed 4-3-95) § 152.116 DUTIES OF ZONING ADMINISTRATOR. The Zoning Administrator shall perform the following duties: (A) Ensure that all development activities within the SFHAs of the jurisdiction of the city meet the requirements of this chapter. (B) Provide information and assistance to citizens upon request about permit procedures and floodplain construction techniques. Floodplain Regulations 35 (C) Ensure that construction authorization has been granted by the state Natural Resources Commission for all development projects subject to §§ 152.040 through 152.043 of this chapter, and maintain a record of such authorization (either copy of actual permit or letter of recommendation). (D) Maintain a record of the “as-built” elevation of the top of the lowest floor (including basement) of all new and/or substantially improved buildings constructed in the SFHA. Inspect before, during and after construction. (E) Maintain a record of the engineer's certificate and the “as-built” floodproofed elevation of all buildings subject to §§ 152.060 through 152.067 of this chapter. (F) Cooperate with state and federal floodplain management agencies to improve base flood and floodway data and to improve the administration of this chapter. Submit reports as required for the National Flood Insurance Program. (G) Maintain for public inspection and furnish upon request regulatory flood data, SFHA maps, Letters of Map Amendment (LOMA), Letters of Map Revision (LOMR), copies of DNR permits and letters of recommendation, federal permit documents, and “as-built” elevation and floodproofing data for all building constructed subject to this chapter. (Ord. 2-1995, passed 4-3-95) § 152.999 PENALTY. (A) Failure to obtain an improvement location permit in the SFHA or failure to comply with the requirements of a permit or conditions of a variance shall be deemed to be a violation of this chapter. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of the Zoning Code. All violations shall be punishable by a fine not exceeding $100. (B) A separate offense shall be deemed to occur for each day the violation continues to exist. (C) The Planning Commission shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a standard flood insurance policy to be suspended. (D) Nothing herein shall prevent the city from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible. (Ord. 2-1995, passed 4-3-95) 36 Mitchell - Land Usage