(A) It is unlawful to commence the excavation, construction, installation or alteration of any building, including accessory buildings and outdoor advertising structures, until the Administrator has issued an improvement location permit to the person responsible for the improvement. Improvement location permits are therefore required for the following:
(1) Construction of residential dwelling units;
(2) Alteration, modification, or additions to residential dwelling units;
(3) Mini-barns or sheds regardless of size and regardless of fixture to the ground;
(4) Other detached residential accessory buildings with foundations or overhead structures;
(5) Detached and attached garages and carports;
(6) Swimming pools; inground and above ground;
(7) Decks and porches;
(8) Accessory ramps and stairs;
(9) Construction of commercial, industrial, multi-family, institutional and all other buildings and structures;
(10) Alterations, modifications, or additions to commercial, industrial, multi-family, institutional and all other buildings and structures;
(11) Structures other than buildings including satellites greater than 24 inches in diameter, towers, antennas and signs;
(12) Adding or subtracting dwelling units in multi-family or commercial structures;
(13) Driveways that involve a new or expanded curb cut;
(14) A curb cut;
(15) Parking lot construction or expansion;
(16) Construction of or alterations to ponds or lakes;
(17) Telecommunication facilities;
(18) Mineral extraction;
(19) Any exterior construction that adds to or alters the height of the existing structure;
(20) Any change of use or expansion of use of property;
(21) Any other structural changes as deemed necessary by the Zoning Administrator;
(22) Outdoor masonry barbecue pits; and
(23) Landscaping enclosures that are more than two feet in height as measured from grade and are constructed of bricks, blocks, railroad ties, and other similar materials.
(B) The application for an improvement location permit shall be accompanied by:
(1) A description of the proposed development and legal description of the property site.
(2) A dimensional site plan drawn to scale showing existing and proposed structure locations, north point, easements, water supply, sewage system and road name.
(3) A plan, in accordance with the Storm Drainage and Erosion Control Ordinance 96-3, which will contain surface water during construction.
(4) A plan, in accordance with the Storm Drainage and Erosion Control Ordinance 96-3, which will control erosion during construction.
(5) A flood plain elevation certificate, if required by the Zoning Administrator.
(C) Applications for an improvement location permit not conforming with the requirements set forth in division (B) above of this section shall not be considered and will be returned to the applicant.
(D) (1) Any person shall apply for an improvement location permit at the Clerk-Treasurer’s office. The applicant shall submit to the Clerk-Treasurer’s office a legal description and a scaled plot plan illustrating the location of existing uses and proposed improvements. The applicant shall also state the intended use of the building. If the application is in conformance with the Hamilton Zoning Ordinances and other applicable ordinances, the Zoning Administrator shall issue an improvement location permit. If the permit is denied, the Zoning Administrator shall state in writing the reasons for the denial. The Zoning Administrator shall grant or deny the permit within ten days from the date the application was submitted.
(2) An application for an improvement location permit shall not be approved until it has been ascertained by the Zoning Administrator that the applicant is in compliance with the filing requirements for erosion control on construction sites as provided by 327 I.A.C.15-5, as amended from time to time, commonly called “Rule 5.”
(E) An improvement location permit shall become void one year after the permit issuance unless significant progress has been made. It may be extended upon request if circumstances warrant it.
(‘88 Code, § 10-2-2) (Ord. 82-4, passed 4-26-82; Am. Ord. 91-4, passed 1-6-92; Am. Ord. 94-2, passed 4-4-94; Am. Ord. 98-8, passed 8-31-98; Am. Ord. 2003-13, passed 10-6-03; Am. Ord. 2004-23, passed 12-6-04; Am. Ord. 2015-3, passed 11-2-15)