(A) Enforcement Officer. The Executive Director is hereby designated and authorized to enforce this chapter.
(B) Improvement location permits. Within the jurisdiction of the County Area 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 the county, the Town of Vevay and the Town of Patriot, and this chapter and an improvement location permit for such structure, improvement, or use has been obtained from the Executive Director by the owner(s) of the property or his or her agent.
(1) Compliance with comprehensive plan. The Executive Director shall issue an improvement location permit, upon written application, when the proposed structure, improvement, or use and its location conform in all respects to this chapter, the Area Subdivision Code, and the thoroughfare plan of the county, and the Town of Vevay and the Town of Patriot.
(2) Building permits. The Executive Director may issue an improvement location permit, which may include a building permit authorization by the County Building Commissioner.
(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.
(2) Said site plan shall be properly dimensioned and 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. 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 Executive Director. The basic duties of the Executive Director shall include the following:
(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 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 codes;
(5) Maintain permanent and current records of the planning and zoning codes, including, but not limited to, all maps, amendments, improvement location permits, building permits, certificates of occupancy, variances, special exceptions, and appeals, and applications therefor, and records of hearings thereon;
(6) Review all 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 Executive Director will enforce the requirements set forth in § 153.053 in the event that any structures involved are not directly covered by the Building Code regulations; and
(7) The Executive Director, 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, recordkeeping (including lowest floor elevations), and watercourse alteration and maintenance have been met.
(E) Responsibility of the Executive Director.
(1) The official assigned to administer and enforce the provisions of this chapter is designated the Executive Director. He or she shall be appointed in accordance with the provisions of I.C. 36-7-4-311(b). The authority to perform inspections, review applications, and issue permits may be delegated to such other officials by the Executive Director. In the performance of these functions, the Executive Director and such other officials shall be responsible to the County Area Plan Commission and the County Area Board of Zoning Appeals.
(2) If the Executive Director 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 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 Executive Director. Recourse from the decision of the Executive Director (on matters pertaining to zoning) shall be only to the area 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 Executive Director 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 this chapter.
(G) Certificate of compliance for industrial uses. An application for an improvement location permit for any use subject to the provisions of § 153.048 and § 153.049, 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 Executive Director 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 Executive Director has not required any additional information or stated any objection in writing, the Executive Director 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 Executive Director shall issue an improvement location permit for a special exception use only following receipt of notice from the Board that the application therefor has been approved by the Board.
(J) 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 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.
(K) Completion of improvements. On completion of the improvement covered by the improvement location permit, the Executive Director 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, providing the Building Code requirements have been met.
(L) Temporary certificate. A temporary certificate of occupancy may be issued by the Executive Director 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 Executive Director 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 Executive Director 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. An application for an improvement location permit for any use shall not be approved until it has been ascertained by the Executive Director that the proposed use meets the minimum standards for a sewage disposal system and water supply system as required by the County Health Officer. No certificate of occupancy shall be issued for a commercial or industrial structure or for any other applicable building until the plans for such structure shall have been approved by the Department of Fire Prevention and Building Safety of the state.
(R) Time limit. 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 special exception, 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. All work so authorized shall be completed within 12 months from the issuance of the certificate or permit therefor, except for a special exception and; provided, that for good cause shown, the Executive Director can extend the completion of time.
(S) Proper compliance.
(1) (a) The Executive Director 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 § 153.053) will require the review and approval by Natural Resources prior to the issuance of an improvement location permit.
(b) The Executive Director shall forward all these applications, along with plans and specifications to Natural Resources for review and comment.
(2) The Executive Director, during his or her review of improvement location 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, recordkeeping (including lowest floor elevations), and watercourse 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 Executive Director that the proposed use meets the applicable criteria of the County 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 drainage.
(2) Also, the Executive Director must be satisfied that any State Drainage Code requirements have been met before approving applications for improvement location permits.
(U) Temporary improvement location permit. A temporary improvement location permit may be issued by the Executive Director after application has been made for a temporary use authorized by this chapter. See § 153.067 and § 153.41.
(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 Area Plan Commission, shall be issued only if, in addition to satisfying the requirements of this code of ordinances and the Town of Vevay and the Town of Patriot, 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 streets, subject to building setback lines as set forth in § 153.015.
(W) Certain requirements regarding real estate transfers. All offers and contracts for the sale of real estate shall be accompanied by a written statement, signed by both the buyer and the seller, which informs the buyer that the real estate is subject to zoning restrictions. The statement shall also inform the buyer that copies of the zoning regulations can be viewed and obtained from the County Executive Director in the Area Plan Commission office in the Courthouse.
(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 the same is erroneously issued or does not comply with applicable laws and this code of ordinances, and the Town of Vevay and the Town of Patriot. 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 § 153.45(B).
(Ord. passed - -1996)