§ 9.3 IMPROVEMENT LOCATION PERMIT.

(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

(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)

§ 9.2 GRADING/LAND DISTURBANCE PERMIT.

(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.

(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)

§ 9.3 IMPROVEMENT LOCATION PERMIT.

(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.

(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.

§ 9.4 PERMIT FOR INDUSTRIAL USE.

An application for an improvement location permit for an industrial use, subject to the provisions of § 9.3, shall be required in addition to development plan review.

(A) The Administrator may take ten days in which to study the application, during which time he or she may consult with appropriate technical consultants. If after the ten-day period, the Administrator has not required any additional information or stated any objection in writing, the Administrator shall issue the improvement location permit.

(B) The application may be approved with modifications if the Board of Zoning Appeals determines that the required determination in writing may be made only if certain conditions are applied to the application. The Board may make reasonable conditions related to the required determination in writing, part of its approval and/or accept written commitments from the applicant.

(Ord. 07-16, passed 12-10-2007)

§ 9.5 CONDITIONAL USE PERMIT.

(A) General provisions. In no case shall conditional uses be authorized without the approval of the Board of Zoning Appeals (BZA). Further, no decisions on previous applications shall serve to set a precedent for any other application before the BZA.

(B) Procedures.

(1) (a) Application. The applicant shall submit a conditional use application, affidavit and consent of property owner (if the owner is someone other than the applicant), a copy of the deed for the property involved, the required filing fee and required supporting information. Other supporting information shall include, but not be limited to, the following:

1. Site plan. A site plan shall be signed and dated, and clearly show the entire layout of the property and all features relevant to the conditional use request; and

2. Statement of intent. A statement of intent to the Board of Zoning Appeals describing the details of the conditional use request including, but not limited to:

A. The ways in which the conditional use shall comply with the applicable development standards of this ordinance;

B. The ways in which the conditional use shall be consistent with the required determination in writing; and

C. Any written commitments being made by the applicant.

(b) An application for a conditional use for all new light and heavy manufacturing uses shall be filed with the city Planning and Building Department by at least one owner or agent of the owner of the property for which such conditional use is proposed. At a minimum, the application shall contain the following information:

1. Name, address, and phone number of the applicant;

2. Letter of authorization of owner of property if the applicant is not owner;

3. Legal description of property;

4. Description of proposed conditional use;

5. Description of proposed conditional use;

6. A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, utilities, signs, yards, and such other information as the Board may require to determine if the proposed conditional use meets the intent and requirements of this Unified Development Ordinance;

7. A narrative statement evaluating the effects on adjoining property, the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the comprehensive plan;

8. Such other information as may be required by the Board of Zoning Appeals; and

9. A fee as established by ordinance.

(2) Notification. Notification for the scheduled public hearing regarding the conditional use request shall be completed consistent with § 9.15 and the Rules and Procedures of the Board of Zoning Appeals.

(3) Public hearing.

(a) The BZA will then, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates, review the conditional use application and required supporting information.

(b) Representation, testimony, procedures and decisions shall be as stated in the BZA Rules of Procedure, as amended.

(4) Standards for granting a conditional use. The following conditions must be met in order to grant a conditional use.

(a) The proposed use is listed as a conditional use for the particular zoning district of the subject site.

(b) The establishment, maintenance or operation of the conditional use will not be determintal to or endanger the public health, safety, morals or general welfare of the community.

(c) The conditional use will not be injurious to the use and enjoyment of the other property in the immediate vicinity for lawfully-permitted purposes, nor substantially diminish or impair property values within the neighborhood and zoning district.

(d) The establishment of the conditional use will not impede or substantially alter the normal and orderly development and improvement of surrounding property for uses permitted in the zoning district.

(e) Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided.

(f) The proposed use is not in conflict with the goals of the comprehensive plan or the unified development ordinance.

(C) General standards applicable to all conditional uses. In addition to the special requirements for permitted conditional uses as specified in Chapter 9, the Board of Zoning Appeals shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that the use at the proposed location:

(1) Is in fact a permitted conditional use as listed in each use district and appears in Chapter 4, Use Matrix for the zoning involved;

(2) Will be harmonious with and in accordance with the general objectives, or with any specific objective of the city’s comprehensive plan and zoning ordinance;

(3) Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;

(4) Will not be hazardous or disturbing to existing or future neighboring uses;

(5) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service;

(6) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;

(7) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors;

(8) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors;

(9) Will have vehicular approaches to the property, which shall be so designed as not to create an interface with traffic on surrounding public thoroughfares; and

(10) Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.

(Ord. 07-16, passed 12-10-2007; Ord. 2009-04, passed 4-13-2009; Ord. 2015-14, passed 11-10-2015)

Cross-reference:

Sign exemptions, see Title XV, § 7.7(C)

§ 9.6 SIGN PERMIT.

(A) Applicability. The following procedure applies to sign permits. Refer to § 7.7 for standards for permanent and temporary signs.

(B) Exemptions. No sign shall be constructed, replaced, erected or modified within the city limits without first obtaining a sign permit; provided, however, that the following shall be exempt from permitting requirements:

(1) Ordinary maintenance and repair to existing signs, provided that the work does not affect the structure to a degree greater than 50% of the current replacement cost, exclusive of the structural support of the sign;

(2) Change of copy on signs listing current or future programs and events taking place on the premises;

(3) Seasonal decorations and displays, provided they conform to the provisions of § 7.7;

(4) Real estate signs, provided they conform to the provisions of § 7.7;

(5) Street signs erected by a subdivider or by the municipality for the purpose of street identification;

(6) Public information signs installed by the city or other governmental agency; and

(7) Rotation, repainting and posting of copy.

(C) Application. Application for sign permits shall be made through the Administrator and shall include a site plan that includes the following information:

(1) Clear and legible drawings with descriptions showing the location of the sign that is the subject of the permit, as well as the location of the building, structure or land on which the sign is to be located;

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

(3) The proposed location of the sign in relation to the face of the building or the lot lines of the property on which it is to be located (including the locations of easements), whichever is applicable;

(4) The dimensions of the sign, and where applicable, the dimensions of the wall surface of the building to which it is to be attached;

(5) The dimensions of the sign’s structural members;

(6) Mounting details;

(7) Description of sign materials and colors;

(8) Type of illumination;

(9) The owner shall agree to maintain the sign by repainting peeled surfaces and replacing inoperative components; and to remove the sign when the use of the property has been terminated. Should he or she fail to maintain the sign as outlined above, the city shall cause the sign to be removed at the owner’s expense after having given the owner of the sign 30 days written notice to do so;

(10) Other applicable information as the Administrator may require under the provisions of this section; and

(11) A sign permit fee shall accompany the application for a permit and shall be paid in accordance with the fee schedule in effect at the time of application.

(D) Procedure. The Zoning Administrator shall review an application for a sign permit for compliance with this chapter and issue the permit or reject the application in writing within ten working days of its receipt. Failure of the Administrator to take these actions shall constitute approval of the sign permit.

(E) 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.

(F) 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 90 days of the date the permit is issued; provided, however, that when a sign permit is issued in connection with a building permit for the site on which the sign is to be located, the sign permit shall not run concurrent with the building permit. If the sign has not been erected upon expiration of the permit, the holder of a sign permit may apply through the Administrator for a three-month extension on the permit within ten working days of the expiration date. A sign permit shall be renewed only once, after which time the permit shall be null and void.

(G) Inspection.

(1) The Administrator or his or her appointed official shall have the right of entry in order to inspect all signs for compliance with the provisions of local codes and ordinances.

(2) When any sign becomes insecure, in danger of falling or otherwise unsafe, the Administrator shall send written notice to the owner of the sign to remove or repair the sign. If the sign is not so removed or repaired within 30-working days, the city shall cause the sign to be removed at the expense of the owner of the sign.

(Ord. 07-16, passed 12-10-2007)

Cross-reference:

Fence and wall standards, see Title XV, § 7.14

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