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(A) Enforcement officer. The Building Inspector is hereby designated and authorized to enforce the Zoning Code.
(B) Improvement location permits. Within the jurisdiction of the county’s Advisory Plan Commission, no structure, improvement or use of land may be 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 the county, and this code of ordinances, and an improvement location permit for such structure, improvement or use has been obtained from the Building Inspector by the owner(s) of the property or his or her agent.
(1) Compliance with Comprehensive Plan. The Building Inspector shall 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 the county.
(2) Building permits. The Building Commissioner may issue a building permit which may include an improvement location permit.
(C) Application for improvement location permit.
(1) Any person, who shall make application for an improvement location permit, shall, at the time of making such application, furnish a site plan or development plan of the real estate upon which said application for an improvement location permit is made at least five days prior to the issuance of said improvement location permit, which five-day period may be waived. Said site plan shall be drawn to scale showing the following items:
(a) Address of property and a legal or site description of the real estate involved including acreage;
(b) Location and size of all buildings and structures, existing and proposed;
(c) Width and length of all entrances and exits to and from said real estate;
(d) All adjacent and adjoining roads, alleys or highways and their names;
(e) Lot number and area in square feet;
(f) Actual shape and dimensions of the lot to be built upon;
(g) Front, side and rear yard lines and their distance from the street or lot lines;
(h) Number of families or housekeeping units the building is designed to accommodate and such other information in regard to the lot and neighboring lots and their use as may be necessary to determine and provide for the enforcement of the provisions of this chapter; and
(i) Any other items required by this chapter.
(2) Applications including site plans or development plans so furnished shall be filed and shall become a permanent record of the Plan Commission.
(D) Basic duties of Building Inspector.
(1) Issue, in the name of the Board of Zoning Appeals, improvement location permits and certificates of occupancy and maintain records thereof.
(2) Conduct inspections of buildings, structures and use of land to determine compliance with the terms of this chapter, and report the findings and violations to the Plan Commission and Board of Zoning Appeals for the purpose of ordering compliance thereof.
(3) Provide interpretation of the Planning and Zoning and Building Construction codes when necessary and such technical and clerical assistance as the Commission and Board may require.
(4) Provide and maintain a public information service relative to all matters arising out of the Planning and Zoning and Building Construction Codes.
(5) Maintain permanent and current records of the Planning and Zoning and Building Construction Codes, including but not limited to, all maps, amendments, improvement location permits, building permits, certificates of occupancy, variances, special exceptions and appeals and applications therefore and records of hearings thereon.
(6) Review of applications for improvement location permits and subdivisions to ascertain as to whether the proposed use lies in a flood hazard area as defined in this chapter. If the proposed use is found to lie in such an area, the Building Inspector will enforce the requirements set forth in § 150.44 of this code in the event that any structures involved are not directly covered by the Building Code regulations.
(7) The Building Inspector, during his or her review of improvement location permits and building permits, shall assure that all national flood insurance program regulations pertaining to state and federal permits, subdivision review, mobile home tie-down standards, utility construction, record keeping (including lowest floor elevations) and water course alteration and maintenance have been met.
(E) Responsibility of the Building Inspector.
(1) (a) The official assigned to administer and enforce the provisions of this chapter is designated the Building Inspector. He or she shall be appointed in accordance with the provisions of this chapter. The authority to perform inspections, review applications and issue permits may be delegated to such other officials by the Building Inspector.
(b) In the performance of these functions, the Building Inspector and such other officials shall be responsible to the county’s Plan Commission and the Board of Zoning Appeals.
(2) If the Building Inspector shall find that any of the provisions of this chapter are being violated, he or she shall notify in writing the person responsible for the violations, indicating the nature of the violation and ordering the action necessary to correct it. He or she shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by law to ensure compliance with or to prevent violations of the provisions of this chapter.
(3) It is the intent of this chapter that all questions of interpretation of provisions of this chapter be first presented to the Building Inspector. Recourse from the decision of the Building Inspector (on matters pertaining to zoning) shall be only to the Board of Zoning Appeals, and recourse from the decision of the Board shall be to the courts as provided by law.
(F) Relocation of proposed building, structure or exit. The Building Inspector may require the relocation of any proposed building or structure or 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.
(G) Certificate of compliance for industrial uses. An application for an improvement location permit for any use subject to the provision of §§ 156.029 and 156.030 of this code shall be accompanied by a certificate of compliance, subscribed by a registered professional engineer of the state, certifying that the use intended will satisfy the performance standards of the open industrial use or enclosed industrial use, as the case may be, and in the district in which it is to be located. The Building Inspector 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 Building Inspector has not required any additional information or stated any objection in writing, the Building Inspector shall issue the improvement location permit.
(H) Site plans must be filed for record. Site plans so furnished shall be filed and shall become a permanent public record.
(I) Special exception. The Building Inspector shall issue an improvement location permit for a special exception use only following receipt of notice from the Board that the application therefore has been approved by the Board.
(J) Certificate of occupancy.
(1) 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 shall have been issued stating that the building and use comply with all of the provisions of this chapter applicable to the building or premises of the use in the district in which it is to be located.
(2) Such a certificate of occupancy shall be required before any existing building can be put to a business use different from the former use of the building. Such a certificate of occupancy shall be required even though the building has undergone no reconstruction and no structural alteration. Failure to obtain such a certificate of occupancy is a violation of this chapter.
(K) Completion of improvements. On completion of the improvement covered by the improvement location permit, the Building Inspector shall cause an inspection of the premises, and, if this inspection shall reveal that the improvement has been completed in substantial conformity with the site plan or development plan, and certificate of compliance when required, submitted in the application pursuant to division (C) above, a certificate of occupancy shall then be issued.
(L) Temporary certificate. A temporary certificate of occupancy may be issued by the Building Inspector after application has been made for completed portions of a development plan which has been approved as a special exception, provided that a certificate of occupancy is required upon completion of the total development plan.
(M) Change of use. No change shall be made in the use of land or in the use of any building or part thereof, now or hereafter erected, reconstructed or structurally altered, without a certificate of occupancy having been issued, and no such certificate shall be issued to make such change unless it is in conformity with the provisions of this chapter.
(N) 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 days after the lawful change of use, lawful erection, reconstruction or structural alteration of such building or other improvement of the land shall have been completed, provided the Building Inspector has been notified of such completion by the applicant.
(O) Certificates of occupancy filed for record. A record of all certificates of occupancy shall be kept on file in the office of the Building Inspector and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building or land affected.
(P) Excavations. No improvement location permit shall be issued for excavation or for the erection, reconstruction or structural alteration of any building, before application has been made for a certificate of occupancy.
(Q) Health requirements.
(1) An application for an improvement location permit for any use shall not be approved until it has been ascertained by the Building Inspector that the proposed use meets the minimum standards for a sewage disposal system and water supply system as required by the county’s Health Officer.
(2) 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 state’s Department of Fire Prevention and Building Safety.
(R) Time limit.
(1) The work or use authorized by an improvement location permit, certificate of occupancy or permit for a variance, contingent use or other permit, except for a conditional use, must be commenced within six months of the date of issuance of such certificate or permit; otherwise, the same shall lapse and become null and void.
(2) All work so authorized shall be completed within 12 months from the issuance of the certificate or permit therefore, except for a special exception and provided that for good cause shown, the Building Inspector can extend the completion of time.
(S) Proper compliance.
(1) The Zoning Inspector shall review all development (and subdivision) proposals to assure compliance with the Floodplain District requirements of this chapter. All development applications for uses located in the Floodplain District which are not permitted by right (see § 156.031 of this code) will require the review and approval by Natural Resources prior to the issuance of an improvement location permit or building permit. The Zoning Inspector shall forward all these specifications, along with plans and specifications, to Natural Resources for review and comment.
(2) The Zoning Inspector, during his or her review of improvement location permits and building permits, shall assure that all National Flood Insurance Program regulations pertaining to state and federal permits, (subdivision review), mobile home tie-down standards, utility construction, record keeping (including lowest floor elevations) and water course alteration and maintenance have been met.
(T) Soil and drainage conditions met.
(1) An application for an improvement location permit for any use shall not be approved until it has been ascertained by the Building Inspector that the proposed use meets the applicable criteria of the county’s Soil and Water Conservation District 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.
(2) Also, the Building Inspector must be satisfied that any state Drainage Code requirements have been met before approving applications for improvement location permits.
(V) Issuance of permits. Any permits authorized by the county, including but not limited to improvement location permits, permitting the erection, alteration or relocation of structures and other improvements within the jurisdiction of the county’s Advisory Plan Commission, shall be issued only if, in addition to satisfying the requirements of this code of ordinances, 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 § 156.067 of this code.
(W) Certain requirements regarding real estate transfers. All offers for the sale of real estate shall be accompanied by a description setting forth the zoning classification and permitted uses of the real estate being offered for sale, which description shall be provided by the seller or his or her agent.
(X) Erroneously issued permits; restrictive covenants. The issuance of an improvement location permit and/or a certificate of occupancy in no way validates such a permit or certificate in the event that same is erroneously issued or does not comply with applicable laws and this code of ordinances: Furthermore, the issuance of an improvement location permit and/or a certificate of occupancy in no way permits the violation of any restrictive covenants relative to the real estate. (See § 156.003 of this code.)
(Ord. 8-7-12-3, passed 10-10-1961; Ord. passed 1- -2004) Penalty, see § 156.999
A Board of Zoning Appeals is hereby established with membership and appointment provided in accordance with I.C. 36-7-4-901 and 36-7-4-902 through 36-7-4-907, and all acts now or hereafter amendatory thereto.
(A) Organization. At the first meeting of each year, the Board shall elect a Chairperson and a Vice Chairperson from among its members, and it may appoint and fix the compensation of a Secretary and such employees as are necessary for the discharge of its duties, all in conformity to and compliance with salaries and compensation theretofore fixed by the legislative authority.
(B) Rules. The Board shall adopt rules and regulations as it may deem necessary to effectuate the provisions of this chapter.
(C) Meetings open to public. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, keep records of its examinations and other official actions, prepare findings and record the vote of each member voting upon each question. All minutes and records shall be filed in the office of the Board and shall be a public record, and a copy of which shall be filed with the Plan Commission Secretary following each Board meeting.
(D) Appeals jurisdiction. The Board shall hear and determine appeals from and review:
(1) Any order, requirement, decision or determination made by an administrative official, including the Building Inspector or staff member under this Zoning Code;
(2) Any order, requirement, decision or determination made by an administrative board or other body except a plan commission in relation to the enforcement of the Zoning Code; or
(3) Any order, requirement, decision or determination made by an administrative board or other body except a plan commission in relation to the enforcement of an ordinance adopted under this chapter requiring the procurement of an improvement location permit or a certificate of occupancy.
(E) Exceptions and uses. The Board shall approve or deny all of the following from the terms of the Zoning Code, but only in the classes of cases or in the particular situations specified in this Zoning Code. The Board may impose reasonable conditions as a part of its approval:
(1) Special exceptions;
(2) Special uses;
(3) Contingent uses; and
(4) Conditional uses.
(F) Variances of use from terms of Zoning Code. The Board shall approve or deny variances of use from the terms of the Zoning Code. The Board may impose reasonable conditions as a part of its approval. A variance may be approved under this section only upon a determination in writing that:
(1) The approval will not be injurious to the public health, safety, morals and general welfare of the community;
(2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;
(3) The need for the variance arises from some condition peculiar to the property involved;
(4) The strict application of the terms of the Zoning Code will constitute an unnecessary hardship if applied to the property for which the variance is sought; and
(5) The approval does not interfere substantially with the county’s Comprehensive Plan, as amended.
(G) Variances from development standards of Zoning Code. The Board shall approve or deny variances from the development standards (such as height, bulk or area) of the Zoning Code. A variance may be approved under this section only upon a determination in writing that:
(1) The approval will not be injurious to the public health, safety, morals and general welfare of the community;
(2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;
(3) The strict application of the terms of the Zoning Code will result in practical difficulties in the use of the property;
(4) There are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and district;
(5) Such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district but which is denied to the property in question; and
(6) That the granting of such variance will not alter the land use characteristics of the vicinity and district, or increase the congestion in the streets.
(H) Variances in FP District. Applications for variances to the provisions of this chapter concerning an improvement location permit or building permit for a use located in the FP District shall be forwarded to Natural Resources for review and comment. All terms and conditions imposed by Natural Resources shall be incorporated into the issuance of any such permits. 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.
(I) Appeals to Board; grounds; transmissions of record; disposition.
(1) An appeal filed with the Board must specify the grounds of the appeal and must be filed within such time and in such form as may be prescribed by the Board by rule.
(2) The Building Inspector, or other person from whom the appeal is taken shall, on the request of the Board of Zoning Appeals, transmit to it all documents, plans and papers constituting the record of the action from which an appeal was taken.
(3) Certified copies of the documents, plans and papers constituting the record may be transmitted for purposes of division (I)(5)(b) below.
(4) Upon appeal, the Board may reverse, affirm or modify the order, requirement, decision or determination appealed from. For this purpose, the Board has all the powers of the official, officer, Board or body from which the appeal is taken.
(5) The Board shall make a decision on any matter that it is required to hear under the Zoning Code:
(a) At the meeting at which that matter is first presented; and
(b) At the conclusion of the hearing on that matter, if it is continued.
(6) Within five days after making any decision under the Zoning Code, the Board of Zoning Appeals shall file in the office of the Board a copy of its decision.
(J) Writ of certiorari. Every decision of the Board shall be subject to review by certiorari.
(Ord. 8-7-12-3, passed 10-10-1961; Ord. passed 1- -2004)
(A) General. Before an improvement location permit or a certificate of occupancy shall be issued, the Zoning Inspector shall be satisfied that the proposed use meets the applicable criteria set forth herein 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. The Building Inspector shall be guided by the information set forth in the findings in the National Cooperative Soil Survey prepared by the USDA Soil Conservation Service in cooperation with the Purdue Experiment Station and the county’s Soil and Water Conservation District, and the specifications set forth in division (F) below. The Building Inspector shall also be guided by advice from the USDA Soil Conservation Service, the county’s Soil and Water Conservation District, Department of Natural Resources: Division of Water and other agencies or officials offering technical assistance on the subjects of soils, drainage, erosion and sediment control. The applicant shall provide the above information, report or plan with his or her application and additional expense necessary to ensure adequate information, report or plan shall be met by the applicant.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words in the singular number include the singular. Present tense includes the future. The word “building” shall be deemed to include the word “structure.”
CUT. An excavation. The difference between a point on the original ground and a designated point of lower elevation on the final grade. Also, the material removed in excavation.
EROSION. The removal of surface materials by the action of natural elements.
EXCAVATION. Any act by which earth, sand, gravel, rock or any other similar material is dug into, cut quarried, uncovered, removed, displaced, relocated or bulldozed, and shall include the conditions resulting therefrom.
FILL. Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade. The material used to make a FILL.
QUALIFYING TRACT. Any tract where 20 or more cubic yards of earth is removed.
RUNOFF. The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow that does not enter the soil but runs off the surface of the land.
RUNOFF FROM A FULLY DEVELOPED AREA UPSTREAM. The surface water runoff that can be reasonably anticipated upon maximum development of that area of the watershed located upstream from the subject tract, as permitted by prevailing zoning or the Comprehensive Plan.
SEDIMENTATION. The process by which mineral or organic matter is accumulated or deposited by moving, wind, water or gravity. Once this matter is deposited (or remains suspended in water), it is usually referred to as SEDIMENT.
SLOPE. The face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. SLOPES are usually expressed in a percentage based upon vertical difference in feet per 100 feet or horizontal distance.
SOIL STABILIZATION. Chemical or structural treatment of a mass of soil to increase or maintain its stability or otherwise improve its engineering properties.
SWALE. A low-lying stretch of land which gathers or carries surface water runoff.
TOP SOIL. Surface soils and subsurface soils which presumably are fertile soils and soil material, ordinarily rich in organic matter of humus debris. TOP SOIL is usually found in the uppermost soil layer called the “A horizon.”
WATERCOURSE. A permanent stream, intermittent stream, river, brook, creek, channel or ditch for water whether natural or human-made.
(C) Plan for minimizing erosion and sedimentation.
(1) No changes shall be made in the contour of the land; or grading, excavating, removal or destruction of the top soil, trees or other vegetative cover of the land shall be commenced until such time that a plan for minimizing erosion and sedimentation has been reviewed by the Building Inspector, or their has been a determination by the Zoning Inspector that such plans are not necessary.
(2) No development plan shall be approved unless there has been a plan approved by the Building Inspector that provides for drainage and minimizing erosion and sedimentation consistent with this section, and an improvement bond or other acceptable securities are deposited with the county or the City of Rising Sun, as the case may be, in the form of an escrow guarantee satisfactory for the planning which will ensure installation and completion of the required improvements; or there has been a determination by the Building Inspector that a plan for drainage and minimizing erosion and sedimentation is not necessary.
(3) (a) Measures used to control erosion and reduce sedimentation and to provide drainage shall as a minimum meet the standards and specifications of the county’s Soil and Water Conservation District.
(b) The Building Inspector shall ensure compliance with the appropriate specifications, copies of which are available from the county’s Soil and Water Conservation District or the Plan Commission office.
(D) Measures to minimize erosion and sedimentation. The following measures are effective in minimizing erosion and sedimentations and shall be included where applicable in the control plan:
(1) Stripping of vegetation, regrading or other development shall be done in such a way that will minimize erosion;
(2) Development plans shall preserve salient natural features, keep cut-fill operations to a minimum, and ensure conformity with topography so as to create the least erosion potential and adequately handle the volume and velocity of surface water runoff;
(3) Whenever feasible, natural vegetation shall be retained, protected and supplemented;
(4) The disturbed area and the duration of exposure shall be kept to a practical minimum;
(5) Disturbed soils shall be stabilized as quickly as practicable;
(6) Temporary vegetation and mulching shall be used to protect exposed critical areas during development;
(7) The permanent final vegetation and structural erosion control and drainage measures shall be installed as soon as practical in the development;
(8) Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. Where necessary, the rate of surface water runoff will be structurally retarded; and
(9) Sediment in the runoff water shall be trapped until the disturbed area is stabilized by the use of debris basins, sediment basins, silt traps or similar measures.
(E) Making sites more suitable. In order to provide more suitable sites for building and other uses, improve surface drainage and control erosion, the following requirements shall be met:
(1) The location, grading and placement of subgrade (base) material of all driveway and parking areas shall be accomplished as the first work done on a development plan;
(2) All lots, tracts or parcels shall be graded to provide proper drainage away from buildings and dispose of it without ponding, and all land within a development shall be graded to drain and dispose of surface water without ponding, except where approved by the Building Inspector;
(3) (a) All drainage provisions shall be of such design to adequately handle the surface runoff and carry it to the nearest suitable outlet such as a curbed street, storm drain or natural watercourse.
(b) Where drainage swales are used to divert surface waters away from buildings, they shall be of such slope, shape and size as to conform with the requirements of the county; and
(4) Concentration of surface water runoff shall only be permitted in swales or watercourses.
(F) Excavations and fills.
(1) Cut and fill slopes shall not be steeper than 2:1 unless stabilized by a retaining wall or cribbing except as approved by the Building Inspector when handled under special conditions.
(2) Provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills, by installations of temporary or permanent drainage across or above these areas.
(3) Cut and fills shall not endanger adjoining property.
(4) Fill shall be placed and compacted so as to minimize sliding or erosion of the soil.
(5) Fills shall not encroach on natural watercourses or constructed channels.
(6) Fills placed adjacent to natural watercourses or constructed channels shall have suitable protection against erosion during periods of flooding.
(7) Grading will not be done in such a way so as to divert water on to the property of another land owner without the expressed consent of the Building Inspector.
(8) During grading operations, necessary measures for dust control will be exercised.
(9) Grading equipment will not be allowed to cross live streams.
(10) Provisions will be made for the installation of temporary or permanent culverts or bridges.
(G) General provisions.
(1) Whenever sedimentation is caused by stripping vegetation, regrading or other development, it shall be the responsibility of the applicant, person, corporation or other entity causing such sedimentation to remove it from all adjoining surfaces, drainage systems and watercourses and to repair any damage at his or her expense as quickly as possible.
(2) Maintenance of all driveways, parking areas, drainage facilities and watercourses within any development plan area is the responsibility of the applicant, or owner developer.
(3) It is the responsibility of the applicant and any person, corporation or other entity doing any act on or across a communal stream, watercourse or swale or upon the floodplain or right-of-way during the pendency of the activity and to return it to its original or equal condition after such activity is completed.
(4) No applicant and person, corporation or other entity shall block, impede the flow of, alter, construct any structure or deposit any material or thing or commit any at which will affect normal or flood flow in any communal stream or watercourse without having obtained prior approval from the Building Inspector or the state’s Natural Resources Commission, Division of Water, whichever is applicable.
(5) (a) Where a development plan area is traversed by a watercourse, the total development of the watercourse shall be considered.
(b) There shall be provided, a drainage easement or right-of-way conforming substantially with the line of such watercourse, and of such width as will be adequate to preserve natural drainage to the satisfaction of the Building Inspector. See § 156.135(M) of this code.
(H) Responsibility of applicant.
(1) Each applicant, person, corporation or other entity which makes any surface changes shall be required to:
(a) Collect on-site surface runoff and dispose of it to the point of discharge into an adequate outlet approved by the Building Inspector;
(b) Handle existing and potential off-site runoff through its development by designing to adequately handle storm runoff from a fully developed area upstream;
(c) Pay its proportionate share of the total cost of off-site improvements to the common natural watercourse based on a fully developed drainage; and
(d) Provide and install at its expense, in accordance with the Building Inspector’s requirements, all drainage and erosion control improvements (temporary and permanent) as required by the Erosion and Sediment Control Plan.
(2) It is the responsibility of the applicant or owner to keep all major streams, not under the jurisdiction of other official agency, open and free flowing.
(3) The applicant or owner shall assume the responsibility for maintaining an open and free-flowing condition in all minor streams, watercourse and drainage systems, constructed or improved in accordance with the county’s design criteria on its property, which are necessary for proper drainage in the discretion of the Zoning Inspector if adequate right-of-way exists or can be acquired.
(I) Design standards. The design, installation and maintenance of the required drainage facilities and erosion and sediment control measures shall be in accordance with the following standards and specifications on file in the office of the Ohio County Soil and Water Conservation District and the Building Inspector: Urban soil and water conservation guidelines, specification No. 1.
(J) Plan approval.
(1) The approval of plans and specifications for the control of erosion and sedimentation shall be concurrent with the approval of the development, and become a part thereof.
(2) Permission for clearing and grading prior to the approval of the development plan may be obtained under temporary easements or other conditions satisfactory to the Building Inspector.
(3) In the event the applicant or developer proceeds to clear and grade prior to the approval of the development plan, without satisfying conditions specified under division (J)(2) above, the Board may revoke the approval of all plans.
(Ord. 8-7-12-3, passed 10-10-1961; Ord. passed 1- -2004)
(A) Application forms. Applications and petitions shall be prepared on the forms provided by the Building Inspector, and accompanied by the filing fees herein specified, to be paid to the Building Inspector who shall forthwith pay over to the County Auditor to the credit of the county’s General Fund.
(B) Improvement location permit fee. For each application for an improvement location permit or a temporary improvement location permit, the sum of $10 shall be paid.
(C) Certificate of occupancy fee. For each application for a certificate of occupancy or temporary certificate of occupancy, the sum of $5 shall be paid.
(D) Fees for amendments, appeals and requests. Applications for petitions to amend this chapter, appeals from the decision of the Building Commission, requests for variances, special exceptions, temporary uses, exceptions and other matters upon which the Board is required to act, shall be accompanied by the following fees for each application:
(1) Variance: $100;
(2) Amendments: Change of zone classification; or change of text: $100;
(3) Change in development plan which previously has been approved: $100;
(4) Unit development plan:
(a) Preliminary unit development plan:
1. Less than 20 acres: $400;
2. One hundred acres: $500 plus $10 for each acre over 19 acres;
3. Over 100 acres: $10 for each acre; and
4. Maximum fee: $2,000.
(b) Detailed unit development plan:
1. Any number of acres: $200 plus $5 for each acre; and
2. Maximum fee: $500.
(5) Special exception: $100; and
(6) Exceptions and temporary uses: $70.
(E) Fees must be paid. Until all applicable fees have been paid in full, including any fees or deposits for building permits, no application shall be processed by the Building Inspector.
(F) Fees not returnable. No part of any filing fee paid pursuant to this section shall be returnable to the applicant or petitioner.
(G) Publication costs. In addition to the fees set forth herein, the applicant, petitioner or appellant shall meet the cost of publication notices and due notices to interested parties, when required.
(H) Coincidental applications.
(1) An improvement location permit shall be applied for coincidentally with the application for a building permit whenever a building permit is necessitated by the proposed improvements.
(2) In such cases, the improvement location permit fee is charged in addition to the building permit fees (and deposit) set forth in § 150.41 of this code.
(Ord. 8-7-12-3, passed 10-10-1961; Ord. passed 1- -2004) Penalty, see § 156.999
The following specifications are hereby declared to be a part of this chapter:
(A) Figure 1: Lot and yard requirements. Figure 1: Lot and yard requirements shows the minimum lot areas, area per unit, lot widths, front yard depths, side yard widths, rear yard depths, height limits and ground floor areas for the various districts. Figure 1 may be found on the base of the Zone Map;
(B) Flood insurance criteria and maps. The Floodplain District (areas subject to inundation by the regulatory flood) as identified by the Federal Insurance Administration on the Flood Insurance Rate Map dated September 4, 1987, along with any subsequent revisions to the text of the federal criteria or maps, and all NFIP regulations (contained in 44 C.F.R. § 60.3(d) and as specified on attachment A (Section 10 Review Sheet for NFIP Regulations) are adopted by reference and are on file for public examination in the Plan Commission Office in the County Court House; and (See § 156.015 of this code.)
(C) Figure 2: Profiles, Ohio River. Figure 2: Profiles, Ohio River is a drawing showing profiles of the Ohio River by the Corps of Engineers, U.S. Army, Ohio River Division, Cincinnati, Ohio.
(Ord. 8-7-12-3, passed 10-10-1961; Ord. passed 1- -2004)
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