(A) Required permit. An improvement location permit may be issued by the Planning Director for the following:
(1) Building remodels;
(2) Decks;
(3) Pools;
(4) Fences;
(5) Sheds; and
(6) Driveways.
(B) Exceptions. The following structures, improvements or uses of land do not require an ILP:
(1) Public utility lines and supports.
(2) Non-public, private playground equipment, including swing sets, playhouses, tree houses, sand boxes, slides, and other similar equipment.
(3) Lawn decorations, including bird feeders, flower boxes, fountains, and other similar structures.
(4) Private television satellite dishes.
(C) General. The issuance of an ILP cannot substitute for or supersede the requirement of the issuance of a building permit before the construction of any building or structure. The issuance of an ILP does not waive any requirement of any pertinent municipal, county, state or federal ordinance, rule, regulation or law.
(D) Application process. The application process for an ILP is as follows:
(1) An ILP shall be applied for in writing on a form provided by the Plan Commission. Every application for an ILP shall be accompanied by a site plan drawn to scale (or with sufficient dimensions labeled to determine scale) and on plain paper no smaller than 8 1/2 x 11 inches, showing;
(a) All property boundaries;
(b) All adjacent streets and/or alleys;
(c) The ground area of the building or structure;
(d) The building set back lines;
(e) The number of stories or the height of building or structure;
(f) The use to be made of the building or structure or land;
(g) The location and elevation of all signs;
(h) All driveway and parking spaces (with dimensions); and
(i) All other information required by the Planning Director.
(2) Upon receipt, the Planning Director shall review an improvement location permit for its completeness. If the application is found to be complete, the application shall then be processed accordingly. If the application is found to be incomplete, the Planning Director shall send written notice to the applicant of the specific ways in which the application is deficient, including appropriate references to the applicable sections of this chapter.
(E) Review. In his or her review of a complete application for an improvement location permit (ILP), the Planning Director shall:
(1) Issue the ILP if the proposed structure, improvement or use of land ands its location is shown to conform in all respects to the comprehensive plan, this chapter, and/or an official order from the BZA; and all other local, state and federal requirements; or
(2) Reject the ILP if the proposed structure, improvement or use of land and its location fails in any way to conform with the comprehensive plan, this chapter, and/or an official order from the BZA; and all other local, state and federal requirements; and
(3) In either case, the Planning Director shall notify the applicant of the decision, as follows:
(a) In case of an approval, a validated ILP shall be returned to the applicant; or
(b) In case of a rejection, the Planning Director shall notify the applicant, in writing, specifying the deficiencies of the ILP application and advising that the Planning Director’s decision may be appealed in accordance with § 153.121.
(F) Permit modifications. Modifications to an approved improvement location permit (ILP) are classified as minor, BZA, or major and are permitted as follows:
(1) Request by applicant. The applicant of an ILP requesting approval of modifications shall submit a written request for such approval to the Planning Director, and the request shall specify all modifications.
(2) Planning Director determination. The Planning Director shall determine, within two working days of receiving the request, which category set forth below in divisions (3), (4) or (5) the request falls under. The Planning Director shall notify the applicant in writing of such determination or approval within such two-day period. If the applicant disagrees with such determination, the decision may be appealed to the BZA.
(3) Minor modifications. Insignificant deviations and minor design changes to an ILP are permissible and the Planning Director shall authorize such modifications. For purposes of this Section, an insignificant deviation or minor design modification is permissible if it has no discernible impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.
(4) BZA modifications. If the request for modifications concern or require an official order of the BZA, such improvement shall immediately stop and the request shall be processed as a petition to the BZA, including the payment of all required fees.
(a) If the modification is approved, the Planning Director shall notify the applicant in writing of the BZA decision and the improvement may continue as modified.
(b) If the modification is denied, the Planning Director shall revoke the original ILP according to § 153.134( D), Approval Revocation.
(5) Major modifications. All other requests for modifications to an ILP shall be major and the Planning Director shall revoke the original ILP according to § 153.134(D). Approval Revocation. The new request shall be processed as a new ILP application.
(6) Applicants ability to withdraw the request. In any of the modification categories set forth in this chapter, the applicant retains the right to withdraw the request for a modification at any time by notifying the Planning Director, in writing, of such decision. The improvement may then proceed in accordance with the originally issued ILP.
(Ord. 4-2009, passed 3-9-09)