TITLE XV:   LAND USAGE

CHAPTER 150:   BUILDING CODE

Section

This chapter and all ordinances supplemental or amendatory hereto shall be known as the "Building Code of the Town of Bunker Hill, Miami County, Indiana," may be cited as such, and will be referred to herein as "this code."
(Ord. 4, passed 9-10-97; Am. Ord., passed 11-18-97)

The purpose of this code is to provide minimum standards for the protection of life, limb, health, environment, public safety and welfare, and for the conservation of energy in the design and construction of buildings and structures.
(Ord. 4, passed 9-10-97; Am. Ord., passed 11-18-97)

The Building Commissioner is hereby authorized and directed to administer and enforce all of the provisions of this code. Whenever in the building regulations it is provided that anything must be done to the approval of or subject to the direction of the Building Commissioner or any other officer of the town, this shall be construed to give such officer only the discretion of determining whether the rules and standards established by ordinance has been complied with, and no such provision shall be construed as giving any officer discretionary powers as to what such regulation, code, or standards shall be, or power to require conditions not prescribed by ordinance or to enforce ordinance provisions in an arbitrary or discriminatory manner.
(Ord. 4, passed 9-10-97; Am. Ord., passed 11-18-97)

The provisions of this code apply to the construction, alterations, repair, use, occupancy, maintenance and additions to all buildings and structures, other than industrialized building systems or mobile structures certified under I.C. 22-25-4, in the town.
(Ord. 4, passed 9-10-97; Am. Ord., passed 11-18-97)

(A)   Building rules of the Indiana Fire Prevention and Building Safety Commission as set out in the following Articles of Title 675 of the Indiana Administrative Code are hereby incorporated by reference in this code and shall include later amendments to those Articles as the same are published in the Indiana Register or the Indiana Administrative Code with effective dates as fixed therein:

(B)   Copies of this code and rules, regulations, and codes adopted herein by reference are on file as required by law in the office of the Town Building Commissioner.
(Ord. 4, passed 9-10-97; Am. Ord., passed 11-18-97)

No permit shall be issued for the foregoing purposes, unless the application for such permit is accomplished by a plat or sketch of the proposed location showing lot boundaries, and by plans and specifications showing the work to be done. All plans for building construction under the authority of the Administrative Building Council of the State of Indiana must also be filed with said Council. No local permits shall be issued thereunder until a copy of the release for construction from the State Building Commissioner is received by the Building Commissioner.
(Ord. 4, passed 9-10-97; Am. Ord., passed 11-18-97)

A permit shall be obtained before beginning construction, alteration or repair of any building or structure containing 80 square feet or the cost of which exceeds $500, using forms furnished by the Building Commissioner. All fees provided for herein shall be paid to the Town Building Commissioner and deposited to the Town General Fund.
(Ord. 4, passed 9-10-97; Am. Ord., passed 11-18-97) Penalty, see § 150.99

All work done under any permit issued thereunder shall be in full compliance with all other ordinances pertaining thereto, and in addition to the fees for permits herein after provided for, there shall be the fees prescribed in such ordinances.
(Ord. 4, passed 9-10-97; Am. Ord., passed 11-18-97) Penalty, see § 150.99

(A)   An inspection fee shall be charged at the rate of $20 by the number of inspections made. Inspection fees shall be paid at time of inspection. All new construction shall have a minimum of three inspections consisting of foundation, framing and final. Other inspections may be required depending on the type of construction or the magnitude of the building.

(B)   Allowing for the various types of construction, building size, complexity, the following inspections shall be required:

(Ord. 4, passed 9-10-97; Am. Ord., passed 11-18-97)

Prior to issuance of any building permit thereunder, the Building Commissioner shall:

(A)   Review all building permit applications to determine full compliance with the provisions of this code.

(B)   Review all building permit applications for new construction or substantial improvements to determine whether proposed building site will be reasonably safe from flooding.

(C)   Review building permit applications for major repairs within the flood plain area having special flood hazards to determine that the proposed repair uses construction materials and utility equipment that are resistant to flood damage, and uses construction methods and practices that will minimize flood damage.

(D)   Review building permit applications for new construction or substantial improvement within the flood plain area having special flood hazards to assure that the propose construction (including prefabricated and mobile homes) is protected against flood damage, is designed (or modified) and anchored to prevent flotation, collapse, or lateral movement of the structure.
(Ord. 4, passed 9-10-97; Am. Ord., passed 11-18-97)

After the issuance of any building permit thereunder, the Building Commissioner shall make, or shall cause to make, such inspections of the work being done under such permit as are necessary to insure full compliance with the provision of this chapter and the terms of the permit. Re-inspection of work found to be incomplete or not ready for inspection are subject to assessment of re-inspection fees as prescribed in this code.
(Ord. 4, passed 9-10-97; Am. Ord., passed 11-18-97)

Upon presentation of proper credentials, the Building Commissioner or his duly authorized representatives may enter at reasonable times any building, structure or premises in the town and its jurisdiction, to perform any duty imposed upon him/her by this code.
(Ord. 4, passed 9-10-97; Am. Ord., passed 11-18-97)

Whenever any work is being done contrary to the provision of this code, the Building Commissioner may order the work stopped by notice in writing served on any person engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Building Commissioner to proceed with the work.
(Ord. 4, passed 9-10-97; Am. Ord., passed 11-18-97)

No certificate of occupancy for any building or structure erected, altered or repaired after adoption of this chapter shall be issued unless such building or structure was erected, altered or repaired in compliance with the provision of this chapter.
(Ord. 4, passed 9-10-97; Am. Ord., passed 11-18-97)

All work on the construction, alteration and repair of buildings and other structures shall be performed in a good and workmanlike manner according to accepted standards and practices in the trade.
(Ord. 4, passed 9-10-97; Am. Ord., passed 11-18-97) Penalty, see § 150.99

It shall be unlawful for any person, firm, or corporation, whether as owner, lessee, sub-lessee, or occupant, to erect, construct, enlarge, alter, repair, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure, other than fences, in the town or cause or permit the same to be done, contrary to or in violation of the provisions of this code.
(Ord. 4, passed 9-10-97; Am. Ord., passed 11-18-97) Penalty, see § 150.99

All persons shall have a right to appeal the Building Commissioner's decision first through the Board of Zoning Appeals for the town and then to the appropriate state Fire Prevention and Building Safety Commission, in accordance with the provisions of I.C. 22-11-1-16 or I.C. 22-11-1-21.5 as applicable.
(Ord. 4, passed 9-10-97; Am. Ord., passed 11-18-97)

The Building Commissioner shall in the name of the town bring actions in the Circuit or Superior Court of Miami County, Indiana for mandatory and injunctive relief in the enforcement of and to secure compliance with any order or orders made by the Building Commissioner, and such action for mandatory or injunctive relief may be joined with an action to recover the penalties provided for in this chapter.
(Ord. 4, passed 9-10-97; Am. Ord., passed 11-18-97)

Any person, firm or corporation that violates any of the provisions of this chapter, or shall do any act prohibited herein, or shall fail to perform any duty lawfully enjoined, within the time prescribed by the Building Commissioner, or shall fail, neglect or refuse to obey any lawful order given by the Building Commissioner in connection with the provisions of this chapter, for each such violation, failure or refusal, such person, firm or corporation shall be fined in any sum not less than $25, or more than $300. Each day (each 24 hours) of such unlawful activity as is prohibited by the first sentence of this section shall constitute a separate offense.
(Ord. 4, passed 9-10-97; Am. Ord., passed 11-18-97)

CHAPTER 151:   PLAN UNIT DEVELOPMENT

Section

The Plan Unit Development Ordinance is hereby adopted by reference as set forth in Appendix A of this chapter.
(Ord. passed 10-21-97)

Editor's Note:   The newest Plan Unit Development Ordinance is dated November 5, 2001.

Editor's Note:   Ordinance 5, 2000, adopted November 21, 2000, deals with Industrial Planned Unit Developments

CHAPTER 152:   SUBDIVISIONS

Section

The Subdivision Ordinance is hereby adopted by reference as set forth in Appendix A of this chapter.
(Ord. passed 10-21-97)

Editor's Note:   The newest Subdivision Ordinance is dated November 5, 2001.

CHAPTER 153:   ZONING

Section

The Zoning Ordinance is hereby adopted by reference as set forth in Appendix A of this chapter.
(Ord. passed 10-21-97; Am. Ord. passed 7-21-98)

Editor's Note:   The newest Zoning Ordinance is dated March 7, 2007.

CHAPTER 154:   GROWTH MANAGEMENT PLAN

Section

The Growth Management Plan of the Town of Bunker Hill, Indiana, is hereby adopted by reference as if set out in full herein.
(Ord. passed 9-16-97)