Within the Town of New Palestine, no structure, improvement, or use of land may be created, altered, changed, placed, erected, or located on platted or unplatted lands, unless the structure, improvement, or use, and its location, conform with the Comprehensive Plan of New Palestine, Indiana, the Code of Ordinances of the Town of New Palestine, Indiana and an Improvement Location Permit for such structure, improvement, or use has been issued. If the subject property must be platted, no permit will be issued until the approved plat is recorded.
A. COMPLIANCE WITH THE COMPREHENSIVE PLAN.
The Zoning Administrator may issue an Improvement Location Permit, upon written application, when the proposed structure, improvement or use and its location conform in all respects to the Comprehensive Plan of New Palestine, Indiana, and the Code of Ordinances in the Town of New Palestine.
B. BUILDING PERMITS.
The Zoning Administrator may issue a Building Permit, which may include an Improvement Location Permit.
1. Relocation of proposed building structure or exit. The Zoning Administrator may require the relocation of any proposed building, structure, exit or entrance shown on the site plan or the location of new exits or entrances not shown on the site plan before issuing an Improvement Location Permit when such action is necessary to carry out the purpose and intent of the zoning code.
2. Site plans must be filed for record. Site plans so furnished shall be filed and shall become a permanent public record.
3. Special Exception. The Zoning Administrator shall issue an Improvement Location Permit for a special exception only following receipt of notice from the Board that the application therefore has been approved.
4. Certificate of Occupancy. No land shall be occupied or used and no building hereafter erected, reconstructed, or structurally altered shall be occupied or used, in whole or in part, for any purpose whatsoever, until a Certificate of Occupancy has been issued stating the building and use comply with all of the provisions of this Ordinance applicable to the building or premises of the use in the district in which it is to be located.
5. Completion of Improvements. On completion of the improvement covered by the Improvement Location Permit, the Zoning Administrator shall cause an inspection of the premises and if this inspection reveals that the improvement has been completed in substantial conformity with the site plan or development plan, submitted in the application pursuant to Section 4 of this Ordinance, a Certificate of Occupancy shall then be issued.
6. Temporary certificate. A temporary certificate of occupancy may be issued by the Zoning Administrator after application has been made for completed portions of a plan which has been approved, provided that a certificate of occupancy is required upon completion of the total plan.
7. Change of use. No change shall be made in the use of land or in the use of any structure or part thereof, now or hereafter erected, reconstructed, or structurally altered without an Improvement Location Permit having been issued and no such permit shall be issued to make use a change unless it is in conformity with the provisions of this Ordinance.
8. Coincidental Application. A Certificate of Occupancy shall be applied for coincidentally with the application for an Improvement Location Permit and shall be issued within ten (10) days after the lawful erection, reconstruction or structural alternation of such structure or other improvement of the land shall have been completed, provided the Zoning Administrator has been notified of such completion by the applicant.
9. Improvement Location Permits filed for record. A public record of all Improvement Location Permits and Certificates of Occupancy shall be kept on file in the office of the Zoning Administrator and copies shall be furnished, upon written request.
10. State plan approval. No Certificate of Occupancy shall be issued for a commercial or industrial structure or for any other applicable use until the plans for such structure shall have been approved by the Department of Fire Prevention and Building Safety of the State of Indiana or its successor.
11. Time limit. The work or use authorized by an Improvement Location Permit, Certificate of Occupancy or Permit for a variance, or other permit, must be commenced within six (6) months of the date of issuance of such permit; otherwise, the same shall lapse and become null and void. All work so authorized shall be completed within twelve (12) months from the issuance of the permit and provided that for a good cause shown, the Zoning Administrator can extend the completion of time.
12. Compliance with Erosion Control. The Zoning Administrator must require that, for those sites meeting the standards established by the state, the applicant must follow erosion control requirements from the Department of Natural Resources.
13. Flood Control Administration. The Zoning Administrator for the Town of New Palestine shall review all development and subdivision proposals to insure compliance with this Ordinance. All variances shall give the minimum relief necessary and be such that the maximum practical flood protection will be given to the proposed construction; and issue a written notice to the recipient of a variance or exception that the proposed construction will be subject to increased risks to life and property and could require payment of excessive flood insurance premiums.
a. The Zoning Administrator, during his review of Improvement Location Permits, shall assure that all National Flood Insurance Program regulations (contained in CFR 44, Chapter 60 3(d) and as specified in Subsection 1.07, pertaining to state and federal permits).
b. The Zoning Administrator shall require that all other State/Federal permits be obtained.
14. Soil and Drainage Conditions Met. An application for an Improvement Location Permit for any use shall not be approved until it has been ascertained by the Zoning Administrator that the proposed use meets the applicable criteria set forth in Section 2 of the Design Standards Manual for the lot or tract of land concerning types of soils involved and the conditions which are requisite to assure proper execution of erosion and sediment control and proper drainage. Also, the Zoning Administrator must be satisfied that any New Palestine and County Drainage Board requirements have been met before approving applications for Improvement Location Permits.
16. Issuance of permits. Any permits authorized by the Town, including but not limited to Improvement Location Permits, permitting the erection, alteration or relocation of structures and other improvements within the Town, shall be issued only if, in addition to satisfying the requirements of the Code of the Town of New Palestine, Indiana, the proposed street right-of-way as set forth in the Thoroughfare Plan will be protected from encroachment. In this instance, the proposed street right-of-way lines will be considered as the front lines of lots and tracts bordering such street, subject to Building Setback Lines as set forth in Sec. 2 of the Design Standards Manual.