SECTION 5

PERMIT

A.      Improvement Location Permits.

1.      Improvement Location Permit Required.

No building, structure, improvement or use of land may be altered, changed, placed, erected, repaired or located on platted ox unplatted lands, unless the building, structure, improvement ox use and its location conform to the provisions of this ordinance and an Improvement Location Permit for the alteration, change, placement, erection, repair o£ location of such building, structure, improvement, oar use has been issued.

2.      Duration of Improvement Location Permit.

An Improvement Location Permit shall be valid for the longer of:

(a)      six (5) months after date of issuance; or

(b)      the length of any required building permit, if such building permit is obtained for the building, structure or improvement covered by the Improvement Location Permit within six (6) months after the date of issuance of the Improvement Location Permit.

The Director shall have the power to extend the period of validity of any Improvement Location Permit one or more times, provided, however, the total time period of all extension (s) shall not exceed six (6) months.

3.      Review of improvement Location Permit Application.

The Director may take up to five (5) business days to study an application for an Improvement Location Permit. During such five (5) business day period, the Director may consult with appropriate technical consultants. If, after such five (5) day period, the Director has not requested any additional information or stated any objections in writing. to the applicant, and the proposed building, structure or improvement, and the proposed use conform in all respects to the provisions of this ordinance, the Director shall issue the Improvement Location Permit.

4.      Appeal of Determination.

Any determination by the Director concerning the issuance of an Improvement Location Permit may be appealed to the Board by any person claiming to be adversely affected by that decision.

4.       Record of Permits.

A record of all Improvement Location Permits shall be kept on file in the Department and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building or land affected and shall be available for public inspection and copying as provided by applicable State law.

6.      Permits for Special Exceptions.

The Director shall issue an Improvement Location Permit for a special exception only upon:

(a)      receipt of written notice from the Board that the application therefore has been approved by the Board; and,

(b)      a determination by the Director that said Improvement Location Permit application is in full compliance with the terms of any conditions which may have been imposed by the Board and commitments which may have been made by the owner.

7.      Compliance With other Laws, Ordinances, Rules or Regulations.

The issuance of an Improvement Location Permit cannot substitute for or supersede the requirement of any local ordinance which requires the issuance of a building permit before the construction of any building or structure. The issuance of an Improvement Location Permit does not waive any requirement of any applicable Federal, State or local law, ordinance, rule or regulation.

8.      Amended Improvement Location Permits.

When a developer of any building, structure or improvement for which an Improvement Location Permit has been obtained, for any reason, proposes that the construction of said building, structure or improvement deviate from the plans filed with the Improvement Location Permit application and approved by the Director, the developer shall make application for an Amended Improvement Location Permit. The Director shall review the application for the Amended Improvement Location Permit in accordance with the procedures set forth in this Section to determine compliance of the Amended Improvement Location Permit application with the provisions of this Ordinance and any other applicable conditions, covenants or restrictions. If such Amended Improvement Location Permit application is found to be in compliance, the Director shall issue an Amended Improvement Location Permit. Any determination by the Director with respect to an Amended Improvement Location Permit shall be subject to the same appeal rights and procedures as set forth above for an initial application for an Improvement Location Permit.

9.      General Exemptions.

Not withstanding anything contained in this Section to the contrary, no Improvement Location Permit shall be required for minor repairs or alterations to buildings, structures or improvements where:

a.      the cost of such repairs or alterations does not exceed $500.00;

b.      no additional living area or useable space is created; and

c.      all required front, side and rear yard setback requirements of the applicable zoning district are complied with.

10.      Agricultural Exemption.

Farm structures constructed in the normal course of agricultural business for the support of individual farms are not subject to requirements for an. Improvement Location Permit.

B.      Application and Approval

1.      Application and Site Plan Requirements

When an Improvement Location Permit is required by this ordinance, an application for an Improvement Location Permit shall be filed with the Director. Said application shall be on a form substantially as prescribed by the Department and accompanied by a site plan consistent with the requirements set forth below.

a.      A site plan drawn to scale of not more than 1”=100’ showing:

(1)      the actual shape and dimensions of the lot;

(2)      the exact size and location of the lot;

(3)      the principal and accessory buildings and: structures currently existing and proposed to be built;

(4)      the area of the existing and proposed buildings, structures or improvements;

(5)      the building lines in relation to lot lines for the existing and proposed buildings, structures or improvements;

(6)      the number of stories or the height of the existing and proposed buildings, structures or improvements;

(7)      the number of dwelling units (if applicable) of existing and proposed buildings or structures;

(8)      the current and proposed use to be made of the buildings, structures, improvements or lands;

(9)      the location of streets, alleys, thoroughfares, public ways, water ways, or railroad right-of-ways abutting or within the lot;

(l0)      the location and dimensions of all off-street parking and off-street loading facilities;

(11)      the location and dimensions of all screening and buffering devices; and

(12)      all other information required by the Director for the proper administration and enforcement of this Ordinance.

The Director may waive or relax any or all of the site plan requirements listed above, as circumstances dictate.

b.      The site plan shall be attached to the application for an Improvement Location Permit when such application is submitted to the Director and shall be retained by the Department as a public record.

2.    An application for an Improvement Location Permit for any building, structure, improvement or use shall not be approved until it has been ascertained by the Director that the proposed building, structure, improvement or use will meet or exceed the minimum standards for sewage disposal and water as required by the Vigo County Health Department and State Board of Health, and as may be required by other provisions of state law or local ordinance.

3.    An application for an Improvement Location Permit for any industrial use shall be accompanied by a "Certificate of Compliance" subscribed by a registered professional engineer or architect, verifying that the use intended will satisfy the performance standards of industrial district in which the industrial use is to be located. The Director may take an additional five (5) business days beyond that specified in Section 5., A., 3., above, in which to study the application, during which time he may consult with appropriate technical consultants. If, after such additional five (5) day period, the Director has not requested any additional information or stated any objections in writing to the applicant, and the proposed building, structure or improvement, and the proposed use conform in all respects to the provisions of this Ordinance, the Director shall issue the Improvement Location Permit.

4.    The Director may promulgate rules, regulations, and procedures, in addition to those listed herein, as to the form and processing of the applications, site plans, and permits required by this Section.