§ 152.138 IMPROVEMENT LOCATION PERMITS.
   (A)   Permit required.
      (1)   No building or structure shall be erected, moved, enlarged, improved, or altered nor shall any building, structure, or land be established or changed in use without an improvement location permit issued by the Plan Commission or its designated representative. Building permits shall be issued in conformance with this chapter unless a written order is received from the Plan Commission, Board of Zoning Appeals, or Court directing the issuance of a permit not in conformance with this chapter.
      (2)   The town requires that an improvement location permit (building permit) be obtained for the following specific projects:
         (a)   Single-family and two-family residential dwellings;
         (b)   Residential storage sheds, except that building permits shall not be necessary for residential storage sheds less than 160 square feet in size and less than 12 feet in height;
         (c)   Detached residential buildings (greater than 140 square feet);
         (d)   Residential garages, carports, and/or additions;
         (e)   Temporary structures;
         (f)   Signs;
         (g)   Swimming pools;
         (h)   Demolition;
         (i)   New buildings;
         (j)   Alterations, modifications or remodeling;
         (k)   Structures other than buildings, except that building permits shall not be necessary for unenclosed decks up to 200 square feet in size;
         (l)   Drainage work (land alteration subject to the requirements of §§ 152.100 through 152.107 of this chapter);
         (m)   Street cuts;
         (n)   Curb cuts;
         (o)   Any project involving a principal or accessory building or appurtenances thereto (such as decks, porches, and fences), which affect the structural system, the electrical system, the mechanical or plumbing system, any fire-safety or fire-resistive standards, or any proposed change in occupancy classification or use.
      (3)   No improvement location permit (building permit) shall be required for ordinary repair and maintenance, including painting, papering and replacement of coverings on walls, ceilings, roofs or floors, and similar finish work, including the replacement or reglazing of glass, provided that no items of division (A)(2)(o) are affected and that the work does not include a potential health or safety hazard.
   (B)   Application for permit. Applications for improvement location permits (building permits) shall be made on forms provided by the Plan Commission. Each application shall be accompanied by two copies of a plot plan which is drawn to scale and shows clearly and completely:
      (1)   The location, dimensions, and nature of the property;
      (2)   The location and dimensions of any existing or proposed structure;
      (3)   All adjoining streets and any existing or proposed access to these streets;
      (4)   The existing and proposed uses of all structures and land;
      (5)   The location and type of sewage system, including septic permit from County Health Department, water system and drainage facilities;
      (6)   Estimated cost of construction;
      (7)   Such other information as may be necessary to determine conformance with this chapter.
      (8)   Erosion plan as per item number 9, page 2 of the Fee Schedule and
      (9)   Whether any portion of the property is within a floodplain.
         (a)   If the property is within a floodplain, the application and/or plot plan must provide the information required pursuant to § 151.06, which relates to Flood Damage Prevention, and as such, the application is subject to the provisions contained therein.
         (b)   In addition, in all construction other than that which is governed by the One and Two- Family Dwelling Code, a copy of the Design Release, issued by the State Building Commission and the State Fire Marshal pursuant to I.C. 22-15-3-1, shall be provided to the Zoning Administrator before issuance of a permit for construction covered by such Design Release.
   (C)   Fees. Fees shall be charged for all applications for permits or petitions in accordance with the fee schedule adopted by the Plan Commission. Until all applicable fees, charges, and expenses have been paid in full, no final action shall be taken on any permit application, appeal or petition. Any person who initiates construction of a structure prior to obtaining an improvement location permit or any other required permit shall pay twice the amount of the current permit fee. No fee shall be required for appealing a decision of the Zoning Administrator.
   (D)   Approval of permits. Within 30 days after receipt of the application, the Zoning Administrator shall either approve or disapprove the application. One set of plans shall be returned to the applicant, marked approved or disapproved. If the application is disapproved, the reasons for the disapproval shall be stated in writing. All commercial and industrial projects shall be submitted to the Plan Commission for review prior to receiving an improvement location permit.
   (E)   Expiration of the permit. If work has not commenced within 90 days after the date of issuance of the permit, the permit shall expire. If work described in any permit has not been substantially completed within two years of the date of issuance thereof, the permit shall expire. Further work shall not proceed unless a new permit is obtained.
(Ord. 172, §§ 3-400 - 3-403, 3-406, passed 4-5-90; Am. Ord. 188, passed 2-10-92; Am. Ord. 216, passed 5-8-95; Am. Ord. 320, passed 5-17-04)