A. No Special Exception may be granted under
Chapter
4, and no other change in the
use of land that
involves a change in any structure on or in any land, or in the
condition of the
land, including the placement of manufactured home in manu-
factured home parks,
parking lots and fills, may be made unless the Zoning
Administrator,
on application, issues an Improvement Location Permit
authorizing the
change. It is hereby declared that the intent of the permit
requirements of
this Ordinance shall not prevail with respect to agricultural
buildings and uses;
however, agricultural buildings shall be subject to the setback
requirements as
specified in the applicable districts.
B. No Improvement Location permit shall
be issued until the applicant has received
a clearance
from the County Health Officer certifying that the water supply
and sewage
disposal facilities for the proposed building, structure or use, have
been provided
in accordance with requirements of the Board of Health.
C. An Improvement Location Permit,
except for a Shopping Center or Planned Unit
Development, shall
expire and may be revoked if construction has not begun
within the
date of (1) year or is not substantially completed within two and
one
half (2 1/2) years
from the date of issuance.
D. The provisions of this Ordinance
are supplemental to and do not abrogate the
powers
extended to agencies, bureaus, departments, commissions, divisions or
of officials
of the State or Federal Government by State or Federal Statutes
A. Certificate of Occupancy to be issued
by the Executive Secretary shall be required
for any of
the following; except in the case of buildings incidental to agricultural
operations,
other than residences.
1. Occupancy and use of a building hereafter erected or enlarged;
2. Change in use of an existing building;
3. Occupancy and use of vacant land except for the raising of crops;
4. Change in the use of land to a use of a different classification
except for
the raising of crops.
5. Any change in use of a nonconforming use.
No such occupancy, use or change of use, shall take place until a Certificate of Occupancy therefore shall have been issued.
Written application for a Certificate of Occupancy for a new building or for an existing building which is to be enlarged shall be made at the same time as the application for the Improvement Location Permit for such building. Said Certificate shall be issued within three (3) days after a written request for the same has been made with the Executive Secretary after the erection or enlargement of such building or part thereof has been completed in conformity with the provisions of this Ordinance.
Pending the issuance of such a Certificate, a temporary Certificate of Occupancy may be issued by the Executive Secretary for a period of not more than six (6) months, subject to renewal for a like period, during the completion of the construction of the building or of the alterations which are required under the terms of any law or ordinance. Such temporary certificate shall not be construed in any way to alter the respective rights , duties, or obligations of the owner or of the County relating to the use of occupancy of the land or building or any other matter covered by this Ordinance, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.
Written application for a Certificate of Occupancy for the use of vacant land, or for a change in the use of land or of a building, or for a change in nonconforming use, as herein provided, shall be made to the Executive Secretary. If the proposed use is in conformity with the provisions of this Ordinance, the Certificate of Occupancy therefore shall be issued within three (3) days after the application for the same has been made. Each Certificate of Occupancy shall state that the building or proposed use of a building or land complies with all provisions of this Ordinance.
A record of all Certificates Occupancy shall be kept on file in the office of the Executive Secretary and a copy shall be forwarded, on request, to any person having proprietary or tenancy interest in a building or land affected. No permit for the erection of any building shall be issued before application has been made for a Certificate of Occupancy.
A. Any person, persons, firms or corporations
which shall make application for an
Improvement
Location Permit shall at the time of making such application,
furnish the
Zoning Administrator with one of the following:
1. Single family, two-family, or agricultural
building or use, a plot plan drawn to scale
showing the
following items:
(a) the location of the land concerned;
(b) the location and size of all buildings or structures already
on the land
and/or those to be erected;
(c) the width and location of all entrance to and from the land;
and
(d) all adjacent streets and highways.
2. All other uses, a detailed site plan drawn
to scale with the following information
indicated
clearly with full dimensioning:
(a) lot dimensions
(b) all buildings and structures, location, elevations, size, height,
proposed
use;
(c) yards and distance between buildings
(d) walls and fences:locations, height and materials
(e) off-street parking:location, number and size of spaces and dimensions
of
parking area, internal circulation pattern.
(f) access-pedestrian, vehicular, service:points of Ingress
and Egress,
internal circulation;
(g) signs:location and height
(h) loading:location, dimensions, number of spaces, internal circulation;
(i) lighting: location and general nature; hooding devices;
(j) common facilities and open spaces; location, dimensions
(k) public and private roads:location, dimensions, circulation;
(l) grading and erosions control plans.
3. A detailed area drainage map showing:
(a) drainage area;
(b) size and location of any legal court drain which will be affected by
the
proposed building. No permanent structure shall be erected within
seventy- five (75) feet of any legal drain. The seventy-five (75)
feet shall
be measured at right angles to the center line of any legal tile ditch
and at
right angles from the existing top edge of each bank of a legal open ditch,
as determined by the County Surveyor, unless a variance has been
granted by the Howard County Drainage Board;
(c) size and location of an Outlet, as defined in Section
3.7-1 to which the
water from the proposed building site will be taken;
(d) location of existing or proposed septic tank and disposal field.
(e) cross-sections of open ditch Outlets and Invert elevations of tile
Outlets,
shall be shown;
(f) proposed location of tile, as required in
Section 3.7.1.
Said drainage map shall be prepared by a Registered Land Surveyor or
Professional Engineer and accompanied by a Certificate of Compliance
stating the standards of this or any other Ordinance or Requirements of
the County regarding drainage will be met.
B. The Commission shall review the
site plans for new structures or uses other than
single- family
dwellings, two-family dwellings or agricultural buildings.
C. Plans so furnished shall be kept by the
Zoning Administrator as permanent
records.
D. As a Condition of issuing a permit,
the Zoning Administrator may require the
relocation
of any structure or of any entrance or exits, or the inclusion of an
entrance
or exit not shown on the plat or site plan to an appropriate balancing
of the interests
of persons in the district and vicinity concerned.
E. The Zoning Administrator shall review
all applications for Improvements Location
Permits for new
construction, or other development, to ascertain as to whether
the proposed construction,
addition or development lies in a flood hazard
area as defined
elsewhere by ordinance. If the permit application lies in an
identified floodway,
the Zoning Administrator shall forward the application, along
with all pertinent
plans and specifications to the Department of Natural
Resources and apply
for a permit for construction in a floodway from the
Department of Natural
Resources. If the permit application lies in a floodway
fringe district,
then the Zoning Administrator may issue a local building permit
with the condition
that the lowest floor, including basement, of the structure(s) is
at least two (2)
feet above the 100-year frequency flood elevation. If
the permit
application lies
in a flood plain district, then the Zoning Administrator shall
forward the
application, along with all pertinent plans and specifications to the
Department of Natural
Resources for appropriate review and comment. A local
building permit
may only be issued after receiving the proper permit or letter of
recommendation
from the Department of Natural Resources. In a floodway,
floodway fringe
and flood plain district, the Zoning Administrator may require
such modifications
to the design and materials as the Zoning Administrator may
deem appropriate
to prevent flotation, collapse or lateral movement of the
structure and minimize
potential future flood damages.
F. In reviewing the applications for Improvement
Location Permits for
compliance with
the requirements of this Ordinance, the Zoning Administrator
requirements of
this Ordinance, the Zoning Administrator shall obtain the
elevation (in relation
to mean sea level) of the lowest floor (including basement) of
all new or substantially
improved structures in the Floodway or Floodway Fringe
districts, and
if available, in the Flood Plain District, and whether or not such
structure has been
flood proofed, and assure that all necessary permits from
other State, Federal
and local agencies have been obtained.
G. The Plan Commission shall notify the Federal
Insurance Administration of all
permits issued
in the Floodway District concerning watercourse alteration.
In addition to
forwarding a copy of all such permits to FIA, they shall require
that maintenance
is provided within the altered or relocated portion of said water
course, so that
the flood carrying capacity is not diminished.
If an application for an Improvement Location Permit
relates to a light general industrial use, it must be accompanied by a
Certificate of Compliance subscribed by a registered professional engineer
of the State, stating that the use will meet the performance standards
of the district concerned. After a ten (10) day period has elapsed,
during which the Zoning Administrator has not required additional information
or objected in writing, he shall issue the permit.
A. An Improvement Location Permit for
a Special Exception may not be issued until
the application
has been approved by the Board and the Zoning Administrator
has been
notified by the Board of the approval.
B. 1. If a person to whom an
Improvement Location Permit has been issued for a
Shopping Center or a Planned Unit Development fails to complete 30 percent
of the total plans within 36 months after the permit is issued or
within 12
months after construction has begun (whichever periods expires later),
or fails
to comply with the approved plan, he may be required by the Board
on its
own initiative, and shall be required by it upon written request
of any
interested persons, to show cause why the permit should not be revoked.
However, an order to show cause may not be issued for failure to begin
construction on time, if in the meantime, construction has begun.
2. In a proceeding to
show cause under paragraph (1), the Board shall hold a
public hearing, of which written notice shall be published according
to law, and sent by registered mail to the holder of the permit.
This notice
must be published and mailed at least ten (10) days before the date set
for
public hearing.
3. At the
hearing, evidence may be presented by any person present. If on the
evidence, the Board finds that the holder of the permit has
failed as described
in paragraph (1), it shall revoke the permit. However, if it
considers the
failure correctable within six (6) months, it may defer revocation and
continue
the hearing until a specified day within that period.
C. Upon application by the holder of an Improvement
Location Permit for a
Shopping Center
or a Planned Unit Development, the Board may change
the plan on which
the permit is based. The Board Shall handle the application
as of it were an
original application for a Improvement Location Permit for a
Special Exception.
If it approves the application, the Board shall notify the
Zoning Administrator
who shall issue an amended permit reflecting the
approved change.
SECTION 7.5. SPECIAL PROVISIONS:AUTOMOBILE SERVICE STATION, CARRY-OUT AND DRIVE-IN RESTAURANTS
A. An Improvement Location Permit for an
automobile service station, carry-out or
drive-in
restaurants, may not be issued until the application has been approved
by the Commission
and the Zoning Administrator has been notified by the
Commission of the
approval.
B. Plans for the erection of structural
alteration of a filling station shall be approved
by the Commission.
The Commission may require such changes therein with
respect to
yards, locations of driveways, pumps, buildings parking and screening
as it may
deem best suited to insure health and safety, minimize traffic hazards
and safeguard
adjacent property owners.
C. Plans for the erection or structural alteration
of a carry-out or drive-in restaurant
shall be approved
by the Commission. The Commission may require such
changes therein
with respect to yards, location of drive-ways, buildings,
parking and screening
as it may deem best suited to insure health and safety,
minimize traffic
hazards and safeguard adjacent property owners.
A record of each Improvement Location Permit and each Certificate of Occupancy shall be kept by the Zoning Administrator. Upon request , a copy shall be furnished to any person having a proprietary or possessory interest in the premises concerned.
For questions or comments concerning these zoning ordinances please
contact:
Howard County Planning Commission
765-456-2330 (fax)765-456-2339
120 E. Mulberry St. Room 114
Kokomo, Indiana 46901
