(A) No building permit shall be issued for the foregoing purposes, unless the application for a permit is accompanied by a plat or sketch of the proposed location, showing lot boundaries and by plans and specifications showing the work to be done. In addition, if, a copy of a design release, issued by the State Building Commissioner and the State Fire Marshal pursuant to I.C. 22-15-3-1, shall be provided to the Building Inspector before issuance of a permit for construction covered by such design release, if required.
(B) No building permit shall be issued by the Building Inspector unless the application for such permit, and the supporting data, shall disclose to the complete satisfaction of the Building Inspector that the exact site to be occupied by such structure has at least one entire end or one entire side facing and fronting on a regularly dedicated, open and passable, full width street which is being maintained under the full and complete control and municipal authority of the Town of Kouts, State of Indiana, Porter County Highway Department, or, a private street that has a dedicated and recorded ingress and egress easement, the terms of which have been reviewed and approved by the Plan Commission. No site will be considered as meeting the requirements set forth in this section if its partition or division from an existing site leaves the original site or any other developed site, lot or parcel in conflict with the foregoing provision, or any other provision of the town zoning regulations or other ordinances. No building permit shall be issued unless the site to be occupied is served with an adequate supply of potable water to meet requirements of the proposed development or construction.
(C) No permit shall be issued by the Building Inspector if, in his best judgment and determination, in the interest of public health and safely, the area or site is not suitable, proper or safe for such building or construction, under the existing conditions and circumstances, or will unreasonably increase the public hazards, including, by way of example and not limitation, access to potable water and sanitary sewers (if required by the proposed development), adequate ingress and egress to the site, and flooding from drainage of storm water runoff, whether such runoff is generated by the subject site or from off site. Any person adversely affected by any such ruling, action or determination by the Building Inspector may appeal to the Board of Zoning Appeals.
(D) The Plan Commission may, by resolution, declare that any defined or described area, under the existing conditions and circumstances, is not suitable, proper or safe for any or a particular type of construction or development, when, in its best judgment and determination, such construction or development of the area would endanger the public health and safety or unreasonably increase the public hazards. No permit shall be issued by the Building Inspector for any such construction in the area while such resolution remains in full force and effect.
(E) No building permit will be issued over any site, parcel of land, or lot not wholly comprised of and bounded on all sides by the lot lines of a single lot of record, as defined in the town subdivision regulations, and reflected on the final plat of subdivision thereof. Whenever any person proposes any development whatsoever, to construct or erect any building or other structure on land not conforming with the foregoing provision, he shall file with the Plan Commission an application for subdivision, including, so far as applicable, the matters required in the application for a proposed subdivision, prior to the application and issuance for a building permit.
(`77 Code, § 60.07) (Am. Ord. 1996-4, passed 4-15-96; Am. Ord. 1998-7, passed 10-19-98; Am. Ord. 2015-5, passed 8-17-15)
Statutory reference:
For provisions concerning issuance of a release, see I.C. 22-15-3-1