(A) No building, structure, certain signs, or use of land may hereinafter be erected or located on platted or unplatted land unless the structure, improvement, or use in this location conforms to the building codes adopted by the town and all the ordinances of the town, and a building permit has been issued for each structure, improvement, or use. In addition, no lot shall be elevated by filling or lowered by removal of soil unless a permit has been obtained.
(B) All fees for building permits and other zoning matters shall be established by separate ordinance enacted by the Town Council.
(C) Before a permit is issued for the erection, moving, alteration, enlargement, or occupancy of any building or structure or use of premises, the plans and intended use shall indicate conformity in all respects to the zoning provisions of this chapter. The permit shall not be issued until after review by the Building Administrator and finding by the Building Administrator that:
(1) There is adequate frontage on an improved street maintained by the authorized agency of the town;
(2) State and county health requirements are met;
(3) There is adequate means present to handle satisfactorily stormwater runoff from proposed improvements; and
(4) There will be no interference with the town’s Comprehensive Plan regarding street and public facilities.
(D) Any permit issued in accordance with this chapter shall be valid for a period of one year from the date of issuance. The permit shall be revoked and be rendered null and void if construction is not commenced within six months of issuance. Any structure or building not completed within one year from issuance of that permit shall necessitate a renewal of the permit by action of the Commission staff.
(E) Every application for a building or zoning permit submitted to the Building Administrator shall be accompanied by a site plan, required under § 151.32, drawn to scale, showing the lot and the building site and the location of existing buildings on the lot, accurate dimensions of the lot, yards, and buildings, together with the locations, size, and use of any land and all buildings not on the lot but within 50 feet from the boundaries thereof, unless separated therefrom by a street, together with other information, including elevations, as found in § 151.32(D), as may be necessary to the enforcement of this chapter and the building codes of the town. In addition to the site plan, the Building Administrator shall require a Spot Footing Survey (Pre-Pour Walls), a written document, signed and sealed by a registered Indiana land surveyor, certifying the top of footing elevations, a Spot Foundation Survey (Post-Pour) and a Final As-Built Survey, prior to issuance of a certificate of occupancy, which shall include elevations of the top of footings, foundation, and final grading.
(F) In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of health, safety, morals, convenience, and the general welfare. The lot or yard areas required by this chapter shall not be diminished and shall not be included as part of the required lot or yard areas of any other building. The lot or yard areas of buildings existing at the time this chapter became effective shall not be diminished below the requirements herein provided for buildings hereafter erected, and those required areas shall not be included as a part of the required areas of any building hereafter erected.
(G) Nothing in this chapter shall require any change in the plans, construction, or intended use of a building, the construction of which shall have been diligently prosecuted within six months preceding the date of this ordinance, and that entire building shall be completed within two years from the date of this ordinance becoming effective. Nothing herein shall prevent the reconstruction of a wall or other structural part of a building declared unsafe by the State Fire Marshal or the Administrative Building Council of the state.
(Ord. 23, § 4.10.30, passed 3-19-1997; Am. Ord. 115, passed 4-1-2004; Am. Ord. 234, passed 5-13-2014) Penalty, see § 156.999