§ 153.221 IMPROVEMENT LOCATION PERMIT.
   (A)   Improvement location permit required. It shall be unlawful for any person, firm or corporation to erect, move, add to or structurally alter any building or structure, or to use or change the use of any building or land or to permit the afore mentioned actions, until an improvement location permit has been issued by the Area Plan Commission.
   (B)   Application for improvement location permit. Application for an improvement location permit shall be made upon forms prescribed by the Area Plan Commission and accompanied by:
      (1)   A site plan showing:
         (a)   Legal description of the lot and building plans, drawn to scale in black line or blueprint, showing the actual shape and dimension of the lot and;
         (b)   The location and dimensions of all easements;
         (c)   The location, setbacks, size and height of any existing buildings or structures (principal or accessory) to be erected or altered;
         (d)   The existing and intended use of each building or structure and portion of the lot;
         (e)   The number of dwellings and buildings it intended to accommodate; and
         (f)   And such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter;
      (2)   Except for single-family detached and two-family dwelling units and accessory uses in the agriculture, residential and office districts related to single-family detached and two-family dwelling units, the site plan must also show the following:
         (a)   The exact property lines of the property, showing existing street and right-of-way lines;
         (b)   Adjacent properties on the same and the opposite frontage, indicating entrances and exits to these properties;
         (c)   The exact location and dimensions of access drives to the property, service drives, existing and proposed curb cuts, and proposed directions of traffic flow on the property and into and out of the public rights-of-way;
         (d)   The exact location and dimensions of any necessary frontage/service roads, acceleration or deceleration lanes, left-turn lanes into the property, right and/or left-turn storage lanes, and passing blisters;
         (e)   The exact location, dimensions and type of pavement off-street parking and loading facilities;
         (f)   The location, dimensions, height, setback and lighting of all business (on-premises) and outdoor advertising/billboard (off-premises) signs;
         (g)   Any required landscaping and screening include the type of materials and height for all walls, fences, berms and vegetation; and
         (f)   Sexually oriented businesses in Use Unit 15 and animated (moving image) signs in Use Unit 21 are subject to additional requirements;
      (3)   The name and address of the person seeking approval. The name shall be the owner(s) of record of the property or include an affidavit of designee of power of attorney; and
      (4)   Any other plans or specifications which the Area Plan Commission deems necessary to determine the site plan conforms to the requirements of this zoning chapter.
      (5)   Site plan approval is not required for those structures which are exempt pursuant 675 I.A.C. 12-6-4, as may be amended. Site plans may be approved by the Area Plan Commission Executive Director for residential and nonresidential uses by right in the Agriculture, R-1/RS, RT, R-2 and R-3/RM and O/R-O Districts with eight or less attached dwelling units. The Area Plan Commission Executive Director may approve site plans for residential or nonresidential uses by right in any zoning district involving the addition of 300 square feet or less to an existing structure or the erection of a detached structure of 500 square feet or less, regardless of whether the addition or erection is a principal or accessory structure. Site development plans are required for more than eight attached dwelling units and for uses in the business/commercial and manufacturing districts, are to be forwarded to the Site Plan Review Committee, and are subject to approval by the Area Plan Commission after a public hearing as set forth in § 153.223(F). Uses by special exception are subject to approval by the Board of Zoning Appeals. The site development plan approval in the Planned Unit Development District or the Residential Mobile Home District is set forth in those districts.
   (C)   Response to application for improvement location permit.
      (1)   After an application for an improvement location permit is filed in compliance with the provisions herein and a site plan per division (B) of this section is approved by the Area Plan Commission Executive Director or a site development plan per § 153.223(F) is approved by the Area Plan Commission, the Plan Commission Executive Director shall issue an improvement location permit or shall notify the applicant, in writing, of his/her refusal to issue a permit and setting forth the reasons therefore.
      (2)   Improvement location permit shall be posted in a prominent and permanent place on the site and protected from destruction.
   (D)   Fees for improvement location permits. No improvement location permit shall be issued until a fee has been paid in accordance with the schedule of fees.
   (E)   Time limit: improvement location permit. The permit will be revoked if active work is not commenced within 60 days after date of permit’s issue, or if work was started and then stopped for a period of six months.
(Ord. 12-16, passed 8-8-12; Am. Ord. 13-1, passed 1-24-13)