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(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)
(A) General. No occupancy or use shall take place on platted or unplatted land until a certificate of occupancy is issued by the Planning Director. The certificate of occupancy is intended to certify that improvements made according to an approved ILP/building permit were actually completed.
(B) Review. Once an improvement is made according to an approved ILP/building permit, but prior to its occupancy or use, the applicant shall notify the Building Inspector that a certificate of occupancy permit is requested. Within three working days of the certificate of occupancy permit request, the Building Inspector, or his or her designee, shall determine, through a physical inspection, whether the structure, improvement or use of land is in total compliance with the issued ILP and either:
(1) Approve. Approve the certificate of occupancy it the structure, improvement or use of land and its location conforms in every respect to the approved ILP, and return the validated certificate of occupancy to the applicant; or
(2) Reject. Reject the certificate of occupancy if the structure, improvement or use of land and its location fails in any way to conform to the approved ILP, and notify the applicant, in writing, specifying the reasons for the rejection, including specifying the areas of the completed development that are inconsistent with the approved ILP, and advising that the Planning Director’s decision may be appealed in accordance with § 153.121. In addition, the Planning Director shall proceed with the enforcement proceedings.
(Ord. 4-2009, passed 3-9-09)
(A) General. The Planning Director, or his or her designee, is hereby delegated to approve the assignment of street numbers to lots and structures; and to number or renumber lots and structures.
(B) Application process. The application process for an address designation shall be as follows:
(1) All address designations shall be applied for in writing on a form provided by the Plan Commission.
(2) Every application for an address designation shall be accompanied by the following:
(a) All applicable fees, as established by the official fee schedule.
(b) A site sketch, not necessarily drawn to scale, showing all existing and proposed buildings or structures. Addresses shall be included for all existing structures.
(C) Inspection. Before designation of an address, the Planning Director shall inspect the location with special observation of the neighboring addresses and uses.
(D) Written notification. Whenever feasible, the Planning Director shall designate and notify the applicant of the addresses within five working days of the submission of the complete application.
(Ord. 4-2009, passed 3-9-09)
(A) General. All required petitions and permits established in this chapter shall expire one year after the issuance of such petitions or permits if:
(1) The use of land authorized by such petition or permit has not commenced in circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary; or
(2) Less than 75% of the total cost of all construction, erection, alteration, excavation, demolition, materials or similar work on any development authorized by such petition or permit has been completed on the site.
(B) Failure to complete construction. If, after the fulfillment of either division (A)(1) or (2), such work is not completed within one year from the issuance of the permit, then the permit authorizing such work shall expire.
(C) Extensions. The Planning Director may extend a petition or permit for a period up to six months the date when a petition or permit would otherwise expire pursuant to divisions (A) or (B) above, if:
(1) The owner has requested the extension in writing from the issuing authority; and
(2) The petition or permit has not yet expired; and
(3) The owner has proceeded with due diligence and in good faith; and
(4) Conditions have not changed so substantially as to warrant a new application.
(D) Successive extensions. Successive extensions may be granted for periods up to six months upon the same findings. All such extensions may be granted without resorting to the formal processes and fees required for a new permit, provided that said permit has not already expired.
(E) Time of issuance. For purposes of this section, approval of a petition within the jurisdiction of the City Council, the Plan Commission, Plat Committee or the BZA is issued on the date when such board votes to approve the petition. A permit is issued on the date when a copy of the fully executed permit is hand-delivered or mailed to the applicant.
(F) Prior petitions and permits. This section shall be applicable to petitions and permits issued prior to the date this section becomes effective.
(Ord. 4-2009, passed 3-9-09)
(A) General. Subject to division (B) below, all petitions and permits are transferable, so long as the land or structures or any portion thereof covered under a petition or permit continues to be used for the express purposes for which the petition or permit was granted. The terms and requirements of the petition or permit apply to and restrict the use of land or structures covered under the petition or permit, not only with respect to all persons having any interest in the property at the time the petition or permit was obtained, but also with respect to persons who subsequently obtain any interest in all or part of the covered property and wish to use it for or in connection with purposes other than those for which the petition or permit was originally issued.
(B) Petitions not transferable. Home occupation special exception petitions, use variance petitions and their related ILPs are not transferable. Any continuance of these petitions shall require a new petition approved by the BZA. The BZA, at their sole discretion, may also stipulate that any petition or permit is not transferable where situations warrant it.
(C) Recording and required fee. Whenever a petition or permit is issued that is not transferable, the following shall apply:
(1) Nothing authorized by the petition or permit may be started until a document stating such petition or permit is not transferable is recorded in the Montgomery County Recorder’s office and indexed under the record owner’s name as grantor.
(2) The petitioner shall be required to pay the Plan Commission office an additional fee to have the document recorded.
(Ord. 4-2009, passed 3-9-09)
(A) General. Two procedures to amend this chapter and one procedure to amend the zoning maps are established, as follows:
(1) Petitions requesting a total replacement or a total repeal to this chapter, including amendments and zoning maps, may only be initiated by the Plan Commission. The procedure for this type of petition shall be governed by I.C. 36-7-4-602(a) and 36-7-4-606.
(2) Petitions requesting an amendment or repeal to part of the text of this chapter may only be initiated by the Plan Commission or the Common Council. The procedure for this type of petition shall be governed by I.C. 36-7-4-602 (b) and 36-7-4-607.
(3) Petitions requesting a change to the zoning maps (rezoning) may only be initiated by the Plan Commission, the Common Council or by a petition signed by property owners who own at least 50% of the land involved. The procedure for this type of petition shall be governed by I.C. 36-7-4-602 (c) and 36-7-4-608.
(B) Rezoning application process. The petition process for a rezoning initiated by a majority of property owners is as follows:
(1) A rezoning shall be applied for in writing on a form provided by the Plan Commission.
(2) Every petition for a rezoning shall be accompanied by the following:
(a) All applicable fees, as established in the city official fee schedule;
(b) A list of affected parties;
(c) A legal description of the property; and
(d) A site plan, drawn to scale, and on paper not less than 17 inch x 21 inch nor more than 30 inch x 36 inch, showing the location of the proposed land to be rezoned in respect to surrounding properties. This drawing shall include details, as required by the Commission, of the land uses within 300 feet of the land to be rezoned.
(3) The Plan Commission shall hear and determine all rezoning petitions during a public hearing.
(4) The disposition of the rezoning shall be by an affirmative vote of the Commission and shall be covered by Commission Rules of Procedure adopted by resolution.
(C) Rezoning findings of fact. All rezoning must be recommended to the Council only upon a determination in writing that the Plan Commission has considered the following:
(1) Whether the rezoning will fulfill a public need for that type of land use.
(2) Whether the rezoning is appropriate in the area requested or if the public interest would be better served by rezoning another area of the jurisdiction.
(3) Whether the rezoning conforms to the future land use map in the Comprehensive Plan.
(4) Whether the new land use will complement the present and future traffic flows or would the rezoning cause an adverse impact.
(5) Whether adequate off street parking will be provided if the rezoning request is granted.
(6) Whether potential inconveniences and nuisances (such as noise, lights, odors, and the like) of the rezoning request on adjacent landowners have been adequately considered.
(7) Whether there are adequate public utilities and services available to the land if rezoned; and whether the local government will have to pay the cost of any such installation.
(8) Whether it is assured that the rezoning request is not spot zoning, a violation of precedents, or arbitrary and capricious.
(D) Council action required. Once the Commission gives a recommendation on a rezoning, it must certify its recommendation to the Council within ten days of such decision. The Council has ninety days from the date the Commission certifies its recommendation in which to take final action on the proposal. Final action shall be the adoption, or rejection of a prepared ordinance; however, if the Council fails to take final action or act on the proposal within such 90-day period, the proposal shall be approved as certified by the Plan Commission.
(E) Speculative rezoning prohibited. In all cases where a rezoning is initiated by a majority of property owners, the petition shall be requested because of a committed and planned project. The Plan Commission shall consider the criteria in division (C) above based upon the planned project. All such rezoning petitions where there is no commitment and/or planned project shall be considered speculative and shall be prohibited.
(F) Permits for projects where a rezoning was requested and granted. In cases where a rezoning is initiated by a majority of property owners, and where an ILP or building permit is requested for a project which is inconsistent with the findings of the approved rezoning, the ILP or building permit shall be denied by the Planning Director.
(Ord. 4-2009, passed 3-9-09)
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