§ 156.106 IMPROVEMENT LOCATION PERMITS.

   The following requirements apply to improvement location permit (ILP) applications.

   (A)   General requirements. No structure or site improvement shall be erected, moved, or added to on platted or unplatted land, without an improvement location permit first being issued by the Planning Director. No improvement location permit shall be issued unless the project is in conformance with the provisions of this chapter, the Subdivision Control Ordinance, and other applicable regulations of Hancock County.

   (B)   Permit required. Hancock County requires that an improvement location permit be obtained for any of the actions listed below. A single improvement location permit may be issued for a combination of these actions, if they occur together. The Planning Director shall determine if the application requires review by the Technical Committee.

      (1)   New development, after rezoning or plat approval;

      (2)   Adding or subtracting dwelling units or leased space in multifamily or commercial structures;

      (3)   Any use that exceeds 120 square feet in area and/or has a permanent foundation (including structures other than buildings such as towers and antennas);

      (4)   Any temporary use of land or temporary structure;

      (5)   Signs (§ 156.109);

      (6)   Swimming pools with a depth greater than 30 inches (in-ground pools shall be required to obtain a permit, above ground pools less than 15 feet in diameter shall not be required to obtain a permit, but shall comply with this chapter);

      (7)   Additions to all structures;

      (8)   Changes of use;

      (9)   Placement or replacement of manufactured or mobile homes;

      (10)   Parking lot construction or alteration;

      (11)   Removal of required trees and plants within buffer yards and landscaping areas required by this chapter;

      (12)   Mineral extraction;

      (13)   Telecommunication towers, buildings, and antenna; and

      (14)   Any exterior construction that adds to or alters the height of an existing structure.

   (C)   Exemptions. No ILP shall be required for the types of improvements listed below. However, any such improvement shall comply with any applicable requirements of this chapter, the Subdivision Control Ordinance, and any other adopted standards of Hancock County.

      (1)   Routine maintenance, repair, or interior non-structural remodeling of existing buildings not involving any change of use, additional lot coverage, or increase in structure size.

      (2)   Essential services, as defined in § 156.121.

      (3)   Lot and yard improvements such as fences, drives, sidewalks, patios, decks, retaining walls, play equipment, gazebos less than 200 square feet in area, above ground pools less than 30 inches in depth and 15 feet in diameter, and landscaping.

      (4)   Signs with a surface less than one square foot in area.

      (5)   Mini-barns and storage containers that are portable and less than 200 square feet or less in area.

   (D)   Copies. A copy of all submitted plans and application materials shall be retained by the Planning Director for the permanent records of the Plan Commission.

   (E)   Expiration of permits. If the rough-in inspection described in any improvement location permit has not been completed within 12 months of the date of its issuance, the permit shall automatically be deemed expired.

      (1)   The Planning Director may grant extensions for up to six months to obtain the certificate of occupancy.

      (2)   No extension shall be granted unless any appropriate fees, as defined by the adopted fee schedule, are paid to the county and the project continues to conform with all applicable requirements of Hancock County.

   (F)   Construction according to permits and permit application. Improvement location permits issued on the basis of plans and applications only authorize the use, arrangement, and construction set forth in such approved plans and applications. Current approved plans and the permit shall remain on the construction site. Any other use, arrangement, or construction not authorized shall be deemed a violation of this chapter and subject to the provisions of §§ 156.115 et seq.

   (G)   Application. Application forms for an improvement location permit shall be obtained from the Planning Director. All applications shall be completed in their entirety in ink or typed and submitted to the Planning Director. Prior to permit issuance, fees shall be paid to the Area Plan Commission pursuant to the adopted fee schedule. A complete submittal shall include an application form, site plan, construction details, building elevations, landscape plan, and lighting plan. The Planning Director may modify or waive these submittal requirements depending on the scope and nature of the applicant's proposal.

   (H)   Site plan requirement. Pursuant to division (G) above, a site plan shall be submitted that is drawn to an appropriate scale, bearing the seal of a professional engineer or land surveyor registered in the State of Indiana. Proposals involving only agricultural or residential accessory structures may be exempt from this requirement. The site plan shall clearly show all proposed aspects of the property and relevant features of the site including but not limited to: existing and proposed structures; setbacks from property lines or road centerlines; structure dimensions and floor areas; areas of outdoor storage; permanent dumpster and trash areas; locations and dimensions of existing and proposed parking areas; proposed and existing landscape areas; locations of public and private utilities; location, width, and purpose of all easements; and use of each structure. The Planning Director may modify or waive these submittal requirements depending on the scope and nature of the applicant's proposal.

(Ord. 2007-1B, passed 2-5-07; Am. Ord. 2010-9E, passed 9-20-10)

Cross reference:

   Enforcement and penalties, see §§ 156.115 et seq.

§ 156.107 DEVELOPMENT PLAN REVIEW.

   (A)   Intent.  

      (1)   The intent of this subchapter is to provide for the adequate, consistent review of new development to ensure consistency with the zoning ordinance; accommodate traffic and utility systems; and address the unique characteristics of certain areas of development. Development plan review is provided for by the I.C. 36-7- 4-1400 series. The development plan review process is not intended to provide an alternative to rezoning, variance, special exception, platting, or other established procedures; but rather to allow for the administrative review of site conditions and development plans for consistency with applicable requirements prior to the issuance of permits.

      (2)   Generally, development plan review shall involve new non-residential and residential (multifamily and subdivision) development and shall occur after rezoning and primary plat approvals. Development plan review may occur before or after any necessary Board of Zoning Appeals applications based on the characteristics of each application.

      (3)   The following process and requirements apply to all new site development.

   (B)   Authority and process outline.

      (1)   Development plan required. Development plan approval may be required upon the discretion of the Board of Zoning Appeals and the Plan Commission.

      (2)   Exemptions. The following types of development shall be exempt from the requirements of this subchapter, but shall be required to obtain an improvement location permit and/or any other permit or approval otherwise required by this chapter.

         (a)   Sign installation. The replacement or installation of any sign(s) not occurring as part of an improvement to any other aspect of the property.

         (b)   Parking lot expansion. The expansion of an existing parking lot that does not

result in:

            1.   A greater than 25% or 2,000 square foot (whichever is greater) increase in the surface area of the parking previously available on the property;

            2.   The demolition of any structure; or

            3.   The need for modifications to street accesses.

         (c)   Structural expansion. The expansion of an existing structure or the construction of an accessory structure that does not result in a greater than 25% increase in the floor area of the structures that were previously existing on the property and does not require the provision of additional landscaping, parking, or other improvements regulated by this chapter (building permit).

         (d)   Residential use/structure. The placement of an individual manufactured home or the construction or expansion of a single-family residential use and structure (building permit).

      (3)   Review and approval authority. The Planning Director, or his designee, in their role as staff for the Plan Commission, shall have the authority to review and approve development plans in conjunction with the Technical Committee as required by this subchapter.

         (a)   Waiver of requirements. Neither the Planning Director nor the Area Plan Commission shall have the authority to waive any requirement of this chapter in the review of a site development plan. All variances from the terms of this chapter shall be subject to the approval of the Board of Zoning Appeals.

         (b)   Revision process. The procedure for the review of proposed amendments or revisions to previously approved site development plans shall follow the process for the initial approval of site development plans outlined in this subchapter.

      (4)   Process outline. A preliminary informal meeting shall be held with county staff prior to application submittal. The process is illustrated below and detailed in division (C) below.

Development Plan Process Diagram

   (C)   Application materials.

      (1)   General requirements. All applications may be obtained from the Planning Director. Fees shall be paid to the Planning Director at the time the application is submitted.

         (a)   Application forms. All applications shall be made on forms provided by the Planning Director. All applicants shall submit original applications that are completed in their entirety either in ink or typed.

         (b)   Copies required. All applicants shall submit copies of applications and necessary attachments as required by the adopted policies of the county and the applicable rules and procedures of the Plan Commission.

         (c)   Review schedule. All applications shall be assigned reference and/or docket numbers by the Planning Director. Applications shall be scheduled by the Planning Director for the appropriate meetings and/or public hearings based on the completeness of the application consistent with the requirements of this subchapter and the appropriate adopted calendar of filing and meeting dates for the Plan Commission (available in the Planning Department).

      (2)   Application. The applicant shall submit an application for development plan review, an affidavit and consent of property owner (if the property owner is someone other than the applicant), a copy of the deed for the property involved, the required filing fee, and required supporting information to the Planning Director.

         (a)   Application material format. All drawings shall be provided in both hard copy and digital format in a manner specified by the Planning Director.

         (b)   Supporting information. Supporting information shall include, but not be limited to, that described by division (C)(3) below (the Planning Director, County Surveyor, Technical Committee, and/or Plan Commission may request additional supporting information, which shall be provided by the applicant).

      (3)   Required materials. The following materials shall be submitted with all development plan applications.

         (a)   Summary statement. A summary statement of the characteristics and operation of the development, including the population densities, presence of any adult uses, and number of potential employees. The statement shall include any written commitments being made regarding the development plan.

         (b)   Site description. A general description of the site and its ownership including:

            1.   The name, street address, e-mail address, and telephone number of the applicant;

            2.   The name, street address, e-mail address, and telephone number of any land surveyors, engineers, or other professionals responsible for the development plan design;

            3.   The name, street address, e-mail address, and telephone number of the primary contact individual for the application (it shall be indicated if the primary contact person is the applicant or a contracted design professional);

         (c)   Cover sheet. A cover containing the following information. A conceptual drawing describing the future development of all contiguous holdings described above shall be provided by the applicant upon the request of the Planning Director, County Surveyor, Technical Committee, and/or Plan Commission. At a minimum the conceptual drawings shall include a description of the general street access points, general land uses, and general drainage conditions and plans.

            1.   A vicinity map shall clearly identify the subject property, property that is contiguous to the subject property that is owned and/or otherwise controlled by the owner or developer of the subject property, and the current zoning and use of all property within 500 feet of the subject property;

            2.   A site location map showing the subject property and adjacent streets;

            3.   The legal description of the subject property and common address of the site, and

iv.   the proposed name of the development (if applicable).

         (d)   Property survey. A property survey, drawn to an appropriate scale, bearing the seal of a land surveyor registered in the State of Indiana, and showing the following existing features for the subject property and all land within 100 feet of the property lines of the subject property:

            1.   The boundary lines and dimensions of the subject property;

            2.   All structures (specifically indicating any structures recognized as outstanding, notable, or contributing in the Indiana Historic Sites and Structures Inventory - Hancock County Interim Report; and those listed in the National Register of Historic Places; and/or the Indiana Register of Historic Sites and Structures);

            3.   Topography interpolated from USGS sources and/or otherwise meeting the requirements of the County Surveyor (topographic information shall tie into horizontal and vertical control points);

            4.   Significant wooded areas and other isolated trees and wetlands;

            5.   100-year floodplain and 100-year floodway boundaries (including elevations);

            6.   Public and private streets (including street names), sidewalks and other pedestrian paths, rights-of-way, and easements;

            7.   Required building setbacks and any build-to lines and buffer yards;

            8.   All known drainage areas, tiles, pipes and structures;

            9.   Utility services (including fire hydrants) and easements;

            10.   Street accesses; and

            11.   Any other paved or otherwise improved areas.

         (e)   Site plan. A site plan, drawn to an appropriate scale, bearing the seal of a professional engineer or land surveyor registered in the State of Indiana, clearly showing all proposed aspects of the property and all features relevant to the site including:

            1.   All setbacks and buffer yards;

            2.   Topography (including elevation contour lines at two-foot intervals, or otherwise meeting the requirements of the County Surveyor/Town Engineer);

            3.   Preserved wooded areas and isolated trees and wetlands;

            4.   Existing and proposed structures (including buildings, fences, and walls);

            5.   All structure heights, dimensions, and floor areas;

            6.   Areas of outdoor storage;

            7.   Permanent dumpsters and trash areas;

            8.   Locations, dimensions, and design features (including all curb radii, tapers, and parking space dimensions) of road accesses, interior drives, parking lots, loading docks or areas, intersection sight visibility triangles, and interior sidewalks;

            9.   Open spaces and specific landscaped areas;

            10.   Locations and capacities of public and private utilities;

            11.   The location, width, and purpose of all easements;

            12.   The use of each structure and the amount of parking required and provided for the use;

            13.   Any public improvements including sidewalks, street trees, and right-of-way dedications;

            14.   Locations for temporary uses, such as seasonal sales areas;

            15.   Locations of proposed signs (separate permit required).

         (f)   Landscaping plan. A landscaping plan, prepared by a registered landscape architect, drawn to an appropriate scale, showing the following:

            1.   Proposed landscaping, buffer yards, and street trees;

            2.   Topography (including elevation contour lines at two-foot intervals, or otherwise meeting the requirements of the County Surveyor);

            3.   100-year floodplain and 100-year floodway boundaries (including elevations);

            4.   Existing and proposed public and internal sidewalks and other pedestrian ways;

            5.   The size and spacing of the plantings at the time of installation, height at maturity, and the botanical and common name of the species proposed to be used to meet the requirements of this chapter; and

            6.   All existing trees and vegetation to be preserved, and the driplines for such trees (in which no construction activity shall occur).

         (g)   Stormwater drainage plan. A site drainage plan, bearing the seal of a professional engineer or land surveyor registered in the State of Indiana, including all calculations required by the County Surveyor. The drainage plan shall include the location of the following:

            1.   All natural streams, regulated drains, and watercourses;

            2.   100-year floodways and 100-year floodplains (including elevations);

            3.   All marshes, wetlands, and wooded areas, and

            4.   All drainage area features as described in the drainage calculations.

         (h)   Lighting plan. A site lighting plan prepared by an electrical engineer drawn to an appropriate scale, showing the type and location of all exterior lighting fixtures (site and building lighting).

         (i)   Erosion control/sedimentation plan. A site erosion control sedimentation plan, drawn to an appropriate scale, showing proposed erosion and sediment control measures.

         (j)   Construction plan. A site construction plan, drawn to an appropriate scale, showing:

            1.   The location of any proposed construction trailer and worker parking;

            2.   The location, height, and dimensions of any temporary construction-related signs;

            3.   Any temporary site accesses to be used during construction;

            4.   All traffic control signs and devices (subject to the approval of the County Highway Engineer and consistent with the Manual of Uniform Traffic Control Devices);

            5.   Any temporary utility connections; and

            6.   The location of any stockpiles of dirt, construction materials, and construction waste dumpsters or storage areas, wash off areas.

         (k)   Street plan and profile.

         (l)   Sanitary sewer plan and profile.

         (m)   Utility plan.

            1.   Water;

            2.   Electrical.

         (n)   Grading plan.

   (C)   Review process.

      (1)   Technical Committee Review. The Technical Committee shall review the development plan, including all supporting information on the date established by the adopted calendar of meeting and filing dates (available in the Planning Department).

         (a)   Representation. The applicant and/or a representative of the applicant must be present at the meeting to present the Development Plan and address any questions the Committee may have.

         (b)   Considerations. In reviewing the development plan, the Committee shall consider whether or not the proposed development plan is consistent with the requirements and intent of this chapter, any other applicable adopted requirements of Hancock County, and the standards of the local utility providers.

         (c)   Possible action. The Committee may approve, approve with modifications, deny, continue, or forward the development plan to the Plan Commission.

            1.   Approve. The Committee shall approve the development plan if it complies with all applicable requirements set forth above.

            2.   Approve with modifications. The Committee shall approve the development plan with modifications if it is generally consistent with the considerations for approval outlined in division (D)(1)(b) above, but requires minor modifications to be completely in compliance with the requirements and intent of this chapter. The applicant shall revise the development plan proposal consistent with the Committee comments and supply revisions for review by the Planning Director prior to the release of any improvement location permit.

            3.   Deny. The Committee shall deny the development plan if it is found to be inconsistent with the considerations outlined in division (D)(1)(b) above. The development plan can be resubmitted for review by the Technical committee if there have been significant changes as deemed by the Planning Director. If not, there shall be a one-year waiting period before the same site development plan can be resubmitted as a new application.

            4.   Continue. The Committee may continue the development plan if requested by the applicant, if a determination has been made by the Planning Director that sufficient information has not been provided, or if the applicant or an appropriate representative of the applicant fails to appear at the Committee meeting. Development plan applications that are continued shall be automatically docketed for the next Committee meeting.

            5.   Forward to Plan Commission. The Committee shall forward development plans that are generally consistent with the considerations outlined in division (D)(1)(b) above to the Plan Commission for a public hearing if the proposal:

               a.   Includes any improvement to be dedicated to the public (if that improvement has not previously been shown on a recorded plat or otherwise dedicated);

               b.   Includes proposed written commitments; or

               c.   Requires the imposition of conditions in order to be completely consistent with the considerations for approval.

      (2)   Plan Commission preparation. If Plan Commission review is required, the development plan shall be placed on the agenda for the next meeting of the Plan Commission consistent with the adopted calendar of meeting and filing dates. The applicant shall revise the development plan proposal consistent with any Committee comments and submit the revised plans to staff ten days prior to review by the Plan Commission and shall provide such revision for review.

      (3)   Plan Commission review (if necessary). The Plan Commission shall review the development plan and any supporting information.

         (a)   Representation. The applicant and/or a representative of the applicant must be present at the public hearing to present the Development Plan and address questions from the Commission.

         (b)   Presentations. The Commission shall consider a report from the Planning Director describing the findings of the Technical Advisory Committee and any testimony from the applicant and any interested parties in making its decision.

         (c)   Possible action. The Plan Commission shall approve, approve with modifications, deny, or continue the site development plan application.

            1.   Approve. The Plan Commission shall approve the development plan if it is consistent with all applicable requirements of this chapter.

            2.   Approve with modifications. The Plan Commission shall approve the development plan with modifications if it is generally consistent with all applicable requirements of this chapter. The Plan Commission may impose conditions on the approval of a development plan if the conditions are necessary to satisfy the requirements and intent of this chapter. Accepted conditions shall become written commitments which shall be recorded by the applicant before any construction activity commences.

            3.   Deny. The Plan Commission shall deny the development plan if it is not consistent with the applicable requirements of this chapter. Development plan applications that have been denied shall not be re-filed for a period of one year from the date of the denial, unless a different design, that addresses the reasons for denial, is submitted.

            4.   Continue. The application may be continued based on a request by the Planning Director, the applicant, a remonstrator, or an interested party; an indecisive vote; a determination by the Commission that additional information is required prior to action being taken on the request; or if the applicant or an appropriate representative of the applicant fails to appear at the public hearing.

               a.   Additional legal notice shall not be required unless specified by the Plan Commission.

               b.   The continuing of all applications shall be consistent with the adopted rules and procedures of the Commission.

      (4)   Permits. Prior to any site work or construction activity, the applicant shall be required to obtain the appropriate improvement location permit and any other required permits specified by this chapter.

(Ord. 2007-1B, passed 2-5-07)

Cross reference:

   Notice of public hearing, see § 156.101

§ 156.108 WRITTEN COMMITMENTS.

   The applicant with a rezoning petition may make written commitments regarding the characteristics of the proposed future use of, or the resolution of outstanding issues in existence on the subject property consistent with I.C. 36-7-4-613 which, if accepted by the Area Plan Commission, must be recorded by the applicant prior to application for an improvement location permit.

   (A)   Origin of commitments. Written commitments may be proposed by the applicant as an element of the initial submittal of application materials, as a response to comments made by the Technical Advisory Committee, or in response to any modifications requested by the Plan Commission.

   (B)   Consideration of commitments. Any commitments shall be considered by the Technical Advisory Committee and/or the Plan Commission at the time of their review of the application.

   (C)   Filing of commitments. Following final action being taken on the development plan application, the written commitments shall be documented by the Planning Director. A copy of the commitments shall be maintained by the Planning Director for the records of the Plan Commission.

   (D)   Enforcement of commitments. The written commitments shall be considered part of this chapter binding on the subject property.

      (1)   Successors in interest. The written commitments shall be binding on the owner of the subject property, any subsequent owners of the subject property, and any person or entity that acquires an interest in the subject property or any portion of the subject property.

      (2)   Enforcement. The written commitments shall be enforceable by the Plan Commission as if they are a part of this chapter, consistent with the provisions of §§ 156.115 et seq.

      (3)   Modification. The written commitments may be modified by the Plan Commission only through the development plan process described by this subchapter.

(Ord. 2007-1B, passed 2-5-07)

Cross reference:

   Enforcement and penalties, see §§ 156.115 et seq.

   Notice of public hearing, see § 156.101

§ 156.109 SIGN PERMITS.

   (A)   The following procedure applies to improvement location permits for signs only (sign permits).

   (B)   Sign permit review for permanent signs. The following procedure applies to permanent sign permit review. Sign standards are contained in §§ 156.085 et seq.

      (1)   Application. Application for a permit shall be filed with the Planning Director and shall be accompanied by any information the Planning Director determines is necessary to assure compliance with this chapter, including but not limited to:

         (a)   Clear and legible drawings with descriptions showing the location of the sign which is the subject of the permit;

         (b)   An indication of all existing and anticipated signs on the same property and for the same business use;

         (c)   A dimensioned drawing showing the size of the sign face area and the height of the sign;

         (d)   Description of sign materials and colors;

         (e)   Type of illumination;

         (f)   Mounting details.

      (2)   Effect of sign permit issuance. A sign permit issued under the provisions of this section shall not be deemed to constitute permission or authorization to maintain an unlawful sign nor shall it be deemed as a defense in an action to remove an unlawful sign.

      (3)   Expiration. A sign permit shall become null and void if work has not been started within 30 days of the date the permit is issued or completed within 180 days of the date the permit is issued.

(Ord. 2007-1B, passed 2-5-07)

§ 156.110 CERTIFICATES OF OCCUPANCY.

   (A)   Intent. The intent of the certificate of occupancy procedure is to coordinate building, planning, and engineering related issues and approvals into a single process and to better ensure the public safety and general welfare.

   (B)   The following procedure applies to certificates of occupancy.

      (1)   Certificate requirements. It shall be unlawful and in violation of this chapter for any builder or property owner to allow any improvement that requires an improvement location permit to become occupied or utilized prior to:

         (a)   Legally obtaining an improvement location permit;

         (b)   Successfully completing all required inspections, including the final inspection; and

         (c)   Obtaining a certificate of occupancy from the Planning Director.

      (2)   Inspection. Upon the completion of the work approved through an improvement location permit, the permit holder shall contact the Planning Commission Office and schedule a final inspection to verify the installation of improvements consistent with the requirements of this chapter.

      (3)   Certificate issuance. The Planning Director or designee shall issue the certificate of occupancy if the improvements comply with this chapter, the Subdivision Control Ordinance, and other applicable requirements. The Planning Director may also issue a limited or temporary certificate of occupancy at his/her discretion.

(Ord. 2007-1B, passed 2-5-07)

ENFORCEMENT AND PENALTIES

§ 156.115 GENERAL PROVISIONS.

   (A)   Authority. The Plan Commission, Board of Zoning Appeals, Building Official, County Surveyor, and/or Planning Director (including their staff and/or designees) are designated to enforce the provisions, regulations, and intent of this chapter. All remedies and enforcement shall comply with the powers set forth in IC 36-7-4-1000 et seq. and all other applicable state laws.

   (B)   Violations. Complaints made pertaining to compliance with provisions of this chapter shall be investigated by the Planning Director. The Planning Director may include other officials, such as the County Surveyor, Building Official, County Sheriff, or any of their designees in the investigation. Action may or may not be taken depending on the findings of the investigation. The degree of action will be within the sole discretion of the Planning Director, and should reflect both what is warranted by the violation as well as a consistent approach to the enforcement of this chapter.

   (C)   Inspections. Investigations of property may be done by the Planning Director from a right-of-way, from adjacent property (with permission of that property owner), or from the property suspected of a violation once he/she has described the purpose of the inspection to the owner, tenant, or occupant at the time of the inspection.

   (D)   Entry. In order to execute inspections, the Director or inspectors shall have the right to enter upon any premises at any reasonable time for the purpose of carrying out his, her or their duties in the enforcement of this chapter, unless the owner or occupant of the premises refuses to permit entry to the Director or inspectors when entry is sought pursuant to this section. In the event of this refusal, the Director may petition any judge of the Hancock Circuit or Superior Courts for the issuance of an administrative search warrant. The petition shall identify the premises upon which entry is sought and the purpose for which entry is desired. The petition shall state the facts giving rise to the belief that a condition which is in violation of this chapter on the premises, or that a violation in fact exists and must be abated, and that the condition or violation is not a lawful nonconforming use to the best of the affiant's belief. Any warrant issued pursuant to the petition shall order the owner or occupant to permit entry to the Director or inspectors for the purposes stated therein.

   (E)   Responsibility. The property owner shall be held responsible for all violations on his/her or their property.

   (F)   Types of violations. The following items shall be deemed violations of this chapter in response to which the Planning Director shall take all actions necessary to eliminate said violations using all authority granted to the Planning Director pursuant to this subchapter.

      (1)   Illegal structures. The placement, erection, and/or maintenance of a primary structure, sign, accessory structure(s) or any other element determined by the Planning Director not to be in conformity with the provisions or explicit intent of this chapter.

      (2)   Illegal use. Conducting a use or uses that do not comply with any element of the provisions or explicit intent of this chapter.

      (3)   Failure to obtain a permit. Failure to obtain an improvement location permit or other permits and approvals required by this chapter.

       (4)   Violation of stop-work-order. Proceeding with work after issuance of a stop-work-order or in violation of a memorandum of agreement, as described in § 156.116(B).

      (5)   Failure to comply with development standards. Any failure to comply with any element of the development standards and/or regulations of this chapter.

      (6)   Failure to comply with commitments. Any failure to comply with commitments or conditions made in connection with a rezoning, special exception, or variance; or other similar and documented commitment whether recorded or not.

      (7)   Failure to comply with permit requirements. Any failure to comply with the plans submitted and approved in order to obtain a permit.

(Ord. 2007-1B, passed 2-5-07)

Statutory reference:

§ 156.116 CONSTRUCTION PROCESS VIOLATIONS.

   (A)   Stop-work orders. The Planning Director may place a stop-work-order on any land/property improvement process.

      (1)   Procedure. Stop-work orders shall be issued by written letter that shall state the nature of the violation and that the work and/ or any other illegal activity must stop immediately until the matter is resolved. If the property is occupied by someone other than the property owner, a copy of said stop- work order shall be provided to said occupant(s). This letter shall be posted in a conspicuous place and be delivered/mailed to the property owner.

      (2)   Reasons. Reasons for a stop-work order include, but are not limited to:

         (a)   Not complying with any element of the development standards and/or any regulation of this chapter or the Hancock County Subdivision Control Ordinance.

         (b)   Not obtaining an improvement location permit or any other required permit or approval prior to the construction or installation of any improvement for which an approval or permit is required by this chapter.

         (c)   Not completing structures or other improvements consistent with any approved improvement location permit, variance, special exception, or other approval.

         (d)   Not meeting the conditions or commitments of a special exception, variance, rezoning, or other approval whether recorded or not.

         (e)   Not meeting the conditions of a site development plan, planned unit development detailed plan, or written any commitment associated therewith.

         (f)   Illegal use or expansion of use of structures, or structures and land in combination.

   (B)   Memorandum of agreement. The Planning Director must meet with the person(s) served the stop-work order notice within seven days of any such meeting being requested. A memorandum of agreement shall be drafted stating the conditions by which construction or action may be resumed. This memorandum of agreement must be signed by the Planning Director and the property owner that is responsible for the violation.

   (C)   Appeals. Any stop-work order issued as a result of the enforcement of this chapter, may be appealed to the Board of Zoning Appeals. This appeal shall follow the provisions established for Administrative Appeals.

   (D)   Resumption of construction activity. The stop-work order shall be lifted and construction activity may resume upon either:

      (1)   The resolution of the violation(s) to the satisfaction of the Planning Director; or

      (2)   The execution of all tasks required by the memorandum of agreement.

(Ord. 2007-1B, passed 2-5-07)