Section
9.1 Permit and application types
9.2 Grading/land disturbance permit
9.3 Improvement location permit
9.4 Permit for industrial use
9.5 Conditional use permit
9.6 Sign permit
9.7 Fence permit
9.8 Home occupation permit
9.9 Demolition permit
9.10 Temporary vendor permit
9.11 Certificate of occupancy
9.12 Certificate of compliance with safety codes
9.13 Text amendments, zoning map changes, rezones
9.14 Written commitments
9.15 Notice of public hearing
9.16 Site plan
9.17 Development plan
9.18 Subdivision control procedures - general
9.19 Subdivision control procedures - major subdivisions
9.20 Subdivision control procedures - minor subdivisions
9.21 Administrative subdivisions
9.22 As-built plans/record drawings
9.23 Development standards variance
9.24 Subdivision control waiver
(A) Permit and certificate applications required. The city requires that an application and fee be submitted for the following types of permits and certificates:
(1) Grading/land disturbance permit;
(2) Improvement location permit:
(a) A building permit may also be required in addition to improvement location permits in order to meet the City Building Code;
(b) Building permits will not be issued until an improvement location permit has been acquired, meeting all requirements outlined in this section; and
(c) Building permits are issued by the City Planning Department.
(3) Permit for industrial use;
(4) Conditional use permit;
(5) Sign permit;
(6) Fence permit;
(7) Home occupation permit;
(8) Demolition permit;
(9) Temporary vendor permit;
(10) Certificate of occupancy; and
(11) Certificate of compliance with safety codes.
(B) Petition applications required. The city requires that an application and fee be submitted for the following types of petitions:
(1) Zoning map amendment (“rezoning”);
(2) Development standards variance;
(2) Conditional use;
(3) Administrative appeal;
(4) Subdivision control waiver; and
(5) Planned unit development (subject to the requirements of Chapter 5).
(C) Application materials. All applications may be obtained from the Planning and Building Department offices. Fees shall be paid to the city at the time all petition applications are submitted and at the time all permits are issued.
(1) Application forms. All applications shall be made on forms provided by the Planning and Building Department. All applicants shall submit original applications that are completed in their entirety in ink or typed.
(2) Copies of materials. All applicants shall submit copies of applications and necessary plans and attachments as required by the adopted policies of the Planning and Zoning Administrator and the applicable Rules and Procedures of the Plan Commission and Board of Zoning Appeals.
(3) Scheduling. All applications shall be assigned reference and/or docket numbers by the Administrator.
(a) Petition applications. Petition applications shall be scheduled by the Administrator or his or her designee for the appropriate public hearings based on the completeness of the application consistent with the requirements of this article and the appropriate adopted calendars of filing and meeting dates for the Board of Zoning Appeals and/or Plan Commission.
(b) Order of action taken. Action shall be taken on all applications in the order in which they were received.
(Ord. 07-16, passed 12-10-2007)
(A) Intent. To eliminate any non-allowable discharges to the city municipal utility system that may impact water quality, and to ensure compliance with Technical Assistance Committee review and Plan Commission approval.
(B) Required. Any development that disturbs more than one acre of land is required to obtain a grading/land disturbance permit.
(C) Exemptions. No site development permit is required for the following activities:
(1) Any emergency activity that is immediately necessary for the protection of life, property or natural resources;
(2) Agricultural land management activities (except where the clearing of the land, forest or other agriculture activity results in activities other than further agriculture or forest use);
(3) Additions or modifications to existing detached single-family dwellings; and
(4) Developments that do not disturb more than one acre of land use. This exemption may not be applied for contiguous properties that may have been subdivided and/or are attributed to multiple separate owners. This exemption does not apply to any discharge of sediment or other form of water pollution that may leave a small site.
(Ord. 07-16, passed 12-10-2007)
(A) Required.
(1) Within the jurisdiction of the City Plan Commission, no structure, improvement or use of land may be altered, changed, placed, removed, erected or located on platted or unplatted lands unless the structure, improvement or use, and its location conform to this ordinance and an improvement location permit for the structure, improvement or use has been obtained from the Administrator by the owner of the property or his or her agent.
(2) The Administrator shall only issue an improvement location permit when the proposed structure, improvement or use, and its location have met all the applicable requirements of this ordinance and other relevant city ordinances.
(3) An improvement location permit must 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 Administrator shall determine if the application requires review by the Technical Assistance Committee.
(a) New development, after rezoning or plat approval;
(b) Adding or subtracting dwelling units or leased space in multifamily or commercial structures;
(c) Any use that exceeds 100 square feet in area and/or has a permanent foundation (including structures other than buildings such as towers and antennas);
(d) Any temporary use of land or temporary structure;
(e) 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 ordinance);
(f) Additions to all structures;
(g) Changes of use;
(h) Conditional uses (see § 9.5);
(i) Placement or replacement of manufactured or mobile homes;
(j) Parking lot construction or alteration;
(k) Removal of required trees and plants within buffer yards and landscaping areas required by this ordinance;
(l) Mineral extraction;
(m) Telecommunication towers, buildings and antenna; and
(n) Any exterior construction that adds to or alters the height of an existing structure.
(B) Exemptions. No improvement location permit shall be required for the types of improvements listed below. However, any improvement shall comply with any applicable requirements of this ordinance and any other adopted standards of the city:
(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 (public utilities and the like), as defined in Chapter 11;
(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 as specified in sign exemptions, § 7.7(C); and
(5) Mini-barns and storage containers that are portable and less than 100 square feet or less in area.
(C) Completion time.
(1) An improvement location permit shall lapse and become null and void if the work or use authorized by the permit is not commenced within six months of the date that the permit was issued. All work authorized by the permit shall be completed within 24 months from the date that the permit was issued.
(2) At the discretion of the Administrator and with good cause shown, the Administrator may extend the work completion time.
(3) Conditional uses receiving improvement location permits are exempt from these requirements. For limits on conditional uses, see § 9.5.
(D) Sewage disposal. An application for an improvement location permit for any use shall not be approved until it has been ascertained by the Administrator that the proposed use and minimum lot size and width meets the minimum standards for a sewage disposal system as required by the County Health Department and the City Board of Works and Safety and as otherwise required by this ordinance.
(E) 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 the 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 ordinance and subject to the provisions of Chapter 10.
(F) Special flood hazard areas (SFHA). Applications for improvement location permits in the SFHA shall meet all the specifications set forth in City Ordinance 97-1 “Ordinance on Flood Hazards,” as amended.
(1) Upon submittal of an application for an improvement location permit, the Administrator shall determine if the property is located within a floodway, floodway fringe or within a floodplain where the limits of the floodway and floodway fringe have not yet been determined (Zone A).
(2) If the property is found to be located in a floodway, the applicant shall forward the improvement location permit application and pertinent plans and specifications to the State Department of Natural Resources (IDNR) for a permit for construction in a floodway according to I.C. 14-28-1. Upon receipt of a permit from IDNR, the Administrator may issue an improvement location permit, provided however, that the improvement location permit may not be less restrictive than the permit issued by IDNR.
(3) If the property is found to be in the floodway fringe, the applicant must meet all of the provisions set forth in §§ 7 and 8 of Ordinance 97-1, as amended. Once the Administrator is satisfied that the requirements have been met, he or she may issue an improvement location permit according to the provisions of City Ordinance 97-1, as amended.
(4) (a) If the property is located in a floodplain where the limits of the floodway and floodway fringe have not yet been determined (Zone A), and the drainage area upstream is greater than one square mile, the applicant shall forward the improvement location permit application and pertinent plans and specifications to the State Department of Natural Resources (IDNR).
(b) Upon either the receipt of a permit for construction in the floodway from IDNR or a letter of recommendation from IDNR citing the 100-year flood elevation and the recommended flood protection grade, the Administrator may issue an improvement location permit, provided however, that the improvement location permit may not be less restrictive than the conditions issued by IDNR, and provided that the provisions of §§ 7 and 8 of City Ordinance 97-1, as amended, have been met.
(5) (a) If the property is located in a floodplain where the limits of the floodway and floodway fringe have not yet been determined (Zone A), and the drainage area upstream is less than one-square mile, the Administrator shall require the applicant to provide an engineering analysis showing the limits of the floodway, floodway fringe and 100-year flood elevation for the site.
(b) Upon receipt, the Administrator may issue the improvement location permit, provided that the provisions of §§ 7 and 8 of City Ordinance 97-1, as amended, have been met.
(Ord. 07-16, passed 12-10-2007; Ord. 2009-04, passed 4-13-2009)
Editor’s note:
For additional information, see the City of Lebanon Building Code.
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