1. Small Structures. An accessory structure that is not on a permanent foundation and is less than 200 square feet in area is exempt from obtaining an improvement location permit.

2. Softscaping and Hardscaping. Installing trees, shrubs, plants, and flowers; applying mulch or soil enhancers; raising of planting beds around foundations; and installing accent hardscaping (e.g., stone steps, stone edging, and small retaining walls) is exempt from obtaining an improvement location permit as long as there is no adverse effect to drainage.

3. Deck or Patio. A deck or patio installed individually or cumulatively that is less than 200 square feet in area over the entire lot is exempt from obtaining an improvement location permit.

4. Sign Content Change. Sign content may be changed without having to receive an improvement location permit.

5. Flag Pole. Flag poles may be installed without obtaining an improvement location permit.

6. Play Set. Play sets may be installed without obtaining an improvement location permit.

7. Type 1 Home Business. Type 1 home businesses may commence without obtaining an improvement location permit.

8. Property Maintenance. Maintenance and repairs to the existing structure or site features may commence without obtaining an improvement location permit.

9. Replacing Light Fixtures. Existing light fixtures and bulbs may be replaced without obtaining an improvement location permit. However, replacement lighting fixtures shall not violate JCC 20.50.530 LT-01 – Lighting standards, commitments, or conditions of the development’s approval, or any other standards within the Unified Development Code.

1. Building Permit. An improvement location permit does not authorize compliance with building codes. Concurrent to having a project reviewed for compliance with the Unified Development Code most projects with any type of building will also have to be reviewed for compliance with the building code. The review for compliance with the building code is conducted by the Building Official.

2. Site Improvement Permit. An improvement location permit does not authorize compliance with the Jasper County stormwater management ordinances. Concurrent to having a project reviewed for compliance with the Unified Development Code most projects will also have to be reviewed for compliance with the stormwater management ordinance. The review for compliance with the stormwater management ordinance is conducted by the technical advisory committee or County’s Engineer.

3. Other Permits. An improvement location permit does not authorize compliance with any County, State or federal permits. It is the responsibility of the property owner to acquire any other required permits prior to making any improvement.

1. Application. Application for an improvement location permit shall be made on a form provided by the Zoning Administrator. The following information shall be provided on the application form.

2. For Permanent Construction, Installation, Addition, Alteration, or Relocation of a Structure. The following supporting information, as applicable, shall be provided on a site plan, application form, or as an attachment.

3. For Permanent Alteration to the Land. The following supporting information, as applicable, shall be provided on a site plan, application form, or as an attachment.

4. For Establishment of a New Land Use or Change to an Existing Land Use. The following supporting information shall be provided on a site plan, application form, or as an attachment.

5. Deadline. Applications for an improvement location permit may be filed any time.

6. Professional Services. If the Plan Commission finds it necessary to hire a professional engineer or other technician to subsidize the Zoning Administrator’s capabilities for review, notice shall be given to the applicant prior to contracting services. Notice shall be given in the form of a letter that includes the statement of intent to contract professional services. The applicant shall be given fourteen (14) days from the date of mailing, prior to contracting said professional services.

7. Fees. Applicable fees shall be paid at the time the application for an improvement location permit is filed. Fees shall include reimbursement for any cost borne by the Plan Commission to hire a professional engineer or other technician necessary to subsidize the planning staff’s capabilities for review.

1. Substantially Complete Application. An application for an improvement location permit shall not be reviewed for approval until it is determined to be substantially complete by the Zoning Administrator. The Zoning Administrator must first verify that the application form and required supplemental information have been submitted correctly, and the applicable application fee is paid.

2. Review the Project’s Compliance. After the application is verified as being substantially complete, the Zoning Administrator shall review the project to determine whether it complies with the Unified Development Code. The Zoning Administrator may consult with the Jasper County Engineer, Building Commissioner, or any other person, department, or group to determine if the project complies with all of the provisions of the Unified Development Code. During the review process, the Zoning Administrator may:

3. Render a Decision. The Zoning Administrator shall render a “decision to deny” or “decision to approve” based on the information submitted, project review, discretion exercised, and interpretations made.

4. Issuing an Improvement Location Permit. If the proposed project complies with the Unified Development Code, the Zoning Administrator shall render a decision to approve, document the terms of the approval on the permit, and then issue an improvement location permit.

5. Decision to Deny. If the proposed project does not comply with the Unified Development Code, the Zoning Administrator shall not issue an improvement location permit. The Zoning Administrator shall internally document the reasons for not issuing an improvement location permit and send that information to the applicant by email or U.S. Mail, or by telephone. If an email is used to communicate denial, documentation that the email was received shall be included in the file. Similarly, if a phone call is used to communicate denial, documentation of the phone call shall be included in the file. If a proposed project does not comply with the Unified Development Code, the applicant may promptly revise the application, or may promptly pursue relief from the Unified Development Code.

6. Allowance for Revision Prior to a Decision. At the discretion of the Zoning Administrator, the applicant may be permitted to modify the site plan, application form, or attachments prior to a decision by the Zoning Administrator.

7. Allowance for Revision After a Decision. After a decision to deny, the applicant may promptly revise the site plan, application form, or attachment in order to comply with the Unified Development Code without terminating the process.

8. Pursuit of Relief. After a decision to deny, the applicant may promptly pursue an administrative appeal, variance from development standards, or variance of use. During an appeal for relief, the application for improvement location permit shall be suspended until the Board of Zoning Appeals rules on the matter.

1. Procedural Expiration. An application shall expire and be void after the applicant is notified of a decision to deny unless the applicant makes revisions to the application or pursues relief from the Board of Zoning Appeals within sixty (60) days from notification.

2. Commencement. After an improvement location permit is issued, the project shall commence within one (1) year of the issuance date or shall become void.

3. Expiration. After an improvement location permit is issued, the project shall be completed within two (2) years of the issuance date or shall become void.

1. It shall be unlawful to use, occupy, or permit the use or occupancy of any building, or premises, or both, or part thereof, hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use of structure until a certificate of occupancy has been issued by the Administrator. The certificate of occupancy shall state that the proposed use of the building or land conforms to the requirements of this title and that the Administrator and/or their designee has inspected the property and attested to that fact.

2. A certificate of occupancy shall not be issued until the required driveway has been professionally installed and then inspected by the Administrator.

3. No certificate of occupancy shall be issued until all work has been completed and all applicable inspections performed and completed. [Ord. 12-02-24 § 79; Ord. 12-27-11 § 9.06.]

1. Application. Application for a temporary improvement location permit shall be made on a form provided by the Zoning Administrator. Supporting information shall be submitted as per all applicable requirements described in the following sections.

2. Establishment of a Temporary Use of Land or Structure. The following application and supporting information, when applicable, shall be provided on a site plan, application form, or as an attachment.

3. Deadline. Applications for a temporary improvement location permit may be filed any time.

4. Professional Services. If the Plan Commission finds it necessary to hire a professional engineer or other technician to subsidize the Zoning Administrator’s capabilities for review, notice shall be given to the applicant prior to contracting services. Notice shall be given in the form of a letter that includes the statement of intent to contract professional services. The applicant shall be given fourteen (14) days from the date of mailing, prior to contracting said professional services.

5. Fees. The applicable fee shall be paid at the time the application for a temporary improvement location permit is filed. Fees shall include reimbursement for any cost borne by the Plan Commission to hire a professional engineer or other technician necessary to subsidize the planning staff’s capabilities for review.

1. Substantially Complete Application. An application for a temporary improvement location permit shall not be reviewed for approval until it is determined to be substantially complete by the Zoning Administrator. The Zoning Administrator shall first verify that the application form and required supplemental information has been submitted correctly, and the applicable application fee is paid.

2. Review the Project’s Compliance. After the application is verified as being substantially complete, the Zoning Administrator shall review the project to determine whether it complies with the Unified Development Code. The Zoning Administrator may consult with the Jasper County Engineer, Building Commissioner, or any other person, department, or group to determine if the project complies with all of the provisions of the Unified Development Code. During the review process, the Zoning Administrator may:

3. Render a Decision. The Zoning Administrator shall render a “decision to deny” or “decision to approve” based on the information submitted, project review, discretion exercised, and interpretations made.

4. Issuing a Temporary Improvement Location Permit. If the proposed project complies with the Unified Development Code the Zoning Administrator shall render a decision to approve, then document the terms of the approval on the permit, and then issue a temporary improvement location permit.

5. Decision to Deny. If the proposed project does not comply with the Unified Development Code, the Zoning Administrator shall not issue a temporary improvement location permit. The Zoning Administrator shall internally document the reasons for not issuing a temporary improvement location permit and send that information to the applicant by email, U.S. Mail, or telephone. If an email is used to communicate denial, documentation that the email was received shall be included in the file. Similarly, if a phone call is used to communicate denial, documentation of the phone call shall be included in the file. If a proposed project does not comply with the Unified Development Code, the applicant may promptly revise the application, or may promptly pursue relief from the Unified Development Code.

6. Allowance for Revision Prior to a Decision. Not applicable.

7. Allowance for Revision After a Decision to Deny. After a decision to deny, the applicant may promptly revise the site plan, application form, or attachment in order to comply with the Unified Development Code without terminating the process.

8. Pursuit of Relief. After a decision to deny, the applicant may promptly pursue an administrative appeal or variance from development standards. During an appeal for relief, the application for improvement location permit shall be suspended until the Board of Zoning Appeals rules on the matter.

1. Procedural Expiration. An application shall expire and be void after the applicant is notified of a decision to deny unless the applicant makes revisions to the application or pursues relief from the Board of Zoning Appeals within sixty (60) days from notification.

2. Commencement. After a temporary improvement location permit is issued, the permit shall expire after the last approved date for the temporary use and/or structure.

3. Permit Expiration. A temporary improvement location permit shall be issued for the dates requested by the applicant and within the ordinance limits as described in JCC 20.50.860 through 20.50.890 temporary use and structure standards. The permitted dates shall be displayed on the temporary improvement location permit.

4. Extensions. Not applicable.

1. Petition. Petition for administrative appeal shall be made on a form provided by the Zoning Administrator. Supporting information shall be submitted as per the requirements described in the following sections.

2. Information to Be Submitted. The following information shall be provided on the petition form.

3. Deadline. A petition for an administrative appeal shall be filed with the Board of Zoning Appeals within thirty (30) days of the decision, interpretation, order determination, or action that is the subject of the appeal.

4. Suspension of Work. Work related to the decision, interpretation, order determination, or action being appealed shall be suspended until the administrative appeal is complete, or until the Board of Zoning Appeals authorizes full or partial work to resume prior to a Board of Zoning Appeals decision.

5. Fees. The applicable fee shall be paid at the time the petition for administrative appeal is filed.

1. Substantially Complete Petition. A petition for an administrative appeal shall not be issued a docket number or be scheduled for hearing by the Board of Zoning Appeals until it is determined to be substantially complete by the Zoning Administrator. The Zoning Administrator shall verify that the petition form and required supplemental information has been submitted correctly, and the applicable petition fee is paid.

2. Assignment. Once a petition for an administrative appeal has been determined substantially complete, the Zoning Administrator shall assign a case number and place the appeal on the agenda of the Board of Zoning Appeals. The Zoning Administrator shall inform the petitioner, in writing, of the date and time of the Board of Zoning Appeals meeting at which the appeal is to be heard.

3. Public and Interested Party Notice. The petitioner shall be responsible for providing public notice in accordance with the Board of Zoning Appeals rules and procedures. The applicant shall also be responsible for returning proof of required notice to the Zoning Administrator prior to the start of the Board of Zoning Appeals meeting at which the appeal is to be heard. Failure to submit proof of notice may result in the administrative appeal being continued to the following month’s Board of Zoning Appeals meeting.

4. Transfer of Information.

5. Review. The Board of Zoning Appeals shall hear the administrative appeal at a regularly scheduled public meeting according to their rules and procedures. The Board of Zoning Appeals may consider information conveyed to them in writing and testimony during the hearing in making a decision.

6. Decision. Following the hearing and review, the Board of Zoning Appeals may reverse, affirm, or modify the decision, interpretation, order determination, or action from which the appeal stems. The Board of Zoning Appeals may also add conditions to its decision when warranted.

7. Appeal. Any person aggrieved by the decision of the Board of Zoning Appeals may appeal such decision to the Circuit or Superior Court of Jasper County. [Ord. 12-27-11 § 9.08.]

1. Development Plan Approval. Development plan approval shall be required prior to an improvement location permit being issued for:

2. Subdivisions. For residential subdivisions, development plan approval shall be reviewed concurrently with the final subdivision plat.

1. Single-Family Detached Residential. Any lot being developed for a single-family detached residence or its accessory structures shall be exempt from development plan approval. Only the improvement location permit process shall apply.

2. Agriculture Sites and Buildings. Any lot being solely used for agricultural purposes shall be exempt from development plan approval. Only the temporary improvement location permit process shall apply.

3. Temporary Use of Land or Structure. Any temporary use of land or structure shall be exempt from development plan approval. Only the improvement location permit process shall apply.

4. Establish a New Land Use or Change an Existing Land Use. Establishing a new land use or changing an existing land use shall be exempt from development plan approval. Only the improvement location permit process shall apply.

1. Application. Application for development plan approval shall be made on a form provided by the Zoning Administrator. The following information shall be provided on the application form.

2. For Permanent Construction, Installation, Addition, Alteration, or Relocation of a Structure. The following supporting information, as applicable, shall be provided on a site plan, application form, and/or as an attachment.

3. For Permanent Alteration to the Land. The following supporting information, as applicable, shall be provided on a site plan, application form, and/or as an attachment.

4. Deadline. Six (6) hard copies of the application for development plan approval; six (6) hard copies of all supporting information; one (1) digital copy of the application for development plan approval and supporting information in a PDF (portable document format) file; and one (1) digital copy of any drawings or plans in a PDF file shall be submitted to the Plan Commission at least twenty (20) days prior to the public meeting at which it is first to be considered by the Plan Commission.

5. Professional Services. If the Plan Commission finds it necessary to hire a professional engineer or other technician to subsidize the Zoning Administrator’s capabilities for review, notice shall be given to the applicant prior to contracting services. Notice shall be given in the form of a letter that includes the statement of intent to contract professional services. The applicant shall be given fourteen (14) days from the date of mailing, prior to contracting said professional services.

6. Fees. Applicable fees shall be paid at the time the application for development plan approval is filed. Fees shall include reimbursement for any cost borne by the Plan Commission to hire a professional engineer or other technician necessary to subsidize the planning staff’s capabilities for review.

1. Assignment. Development plans which are determined to be substantially complete and in proper form by the Zoning Administrator shall be assigned a case number and placed on the first available Plan Commission agenda.

2. Internal Review. Upon assignment of a case number and meeting date, the technical advisory committee and other applicable agencies will be notified of the proposed development plan and asked to review and comment. The Zoning Administrator may submit a written report to the Plan Commission stating any facts concerning the physical characteristics of the area involved in the development plan, the surrounding land use, public facilities available to service the area, or other pertinent facts. The written report may also contain opinions of the Zoning Administrator concerning the development plan and information from the technical advisory committee and/or other agencies that have reviewed the development plan. A copy of such report shall be made available to the applicant and all remonstrators.

3. Public Notice. Public notice is not required for development plan approval.

4. Attendance. The applicant shall be present at the Plan Commission meeting to address and discuss comments and concerns posed by the Plan Commission. Failure to appear shall result in the dismissal of the application for development plan approval.

5. Public Meeting. A public meeting shall be held in accordance with the Plan Commission rules and procedures.

6. Review. At their regularly scheduled public meeting, the Plan Commission shall review:

7. Decision. The Plan Commission shall make findings of fact and take final action or continue the application for development plan approval to a defined future meeting date.

1. Minor Amendments. Minor amendments to approved development plans which do not involve an increase in height, area, bulk or intensity of land uses; the designation of additional land uses; a reduction in yards; the addition of driveways or access points; or a reduction in the amount of parking may be authorized by the Zoning Administrator without a public hearing, if the requested minor amendments do not adversely impact the purpose or intent of the overall development. Minor amendments authorized by the Zoning Administrator shall be reported, in writing, to the Plan Commission at the next regular meeting of the Plan Commission.

2. Major Amendments. If the Zoning Administrator determines that the proposed modification may adversely impact the purpose or intent of the overall development; or if the proposed modification includes an increase in intensity of any land use; or if the proposed modification includes the designation of an additional land use, the applicant shall be required to file a new application for development plan approval. [Ord. 12-02-24 § 80; Ord. 8-3-20A § 1; Ord. 3-7-16A § 1; Ord. 12-27-11 § 9.09.]

1. Application. An application for a special exception shall be made on forms provided by the Zoning Administrator.

2. Supporting Information. The following items shall accompany a completed application for a special exception.

3. Deadline. An application for a special exception shall be filed at least twenty (20) days prior to the public meeting at which it is first to be considered by the Board of Zoning Appeals.

4. Professional Services. If the Plan Commission finds it necessary to hire a professional engineer or other technician to subsidize the Zoning Administrator’s capabilities for review, notice shall be given to the applicant prior to contracting services. Notice shall be given in the form of a letter that includes the statement of intent to contract professional services. The applicant shall be given fourteen (14) days from the date of mailing, prior to contracting said professional services.

5. Fees. Applicable fees shall be paid at the time the application for a special exception is filed. Fees shall include reimbursement for any cost borne by the Board of Zoning Appeals to hire a professional engineer or other technician necessary to subsidize the planning staff’s capabilities for review.

1. Assignment. An application for a special exception, which is determined to be complete and in proper form by the Zoning Administrator, shall be assigned a case number and placed on the first available Board of Zoning Appeals agenda.

2. Internal Review. Upon assignment of a number and hearing date, the Zoning Administrator may ask applicable departments to review and comment. The Zoning Administrator may submit a written report to the Board of Zoning Appeals stating any facts concerning the physical characteristics of the area involved, the surrounding land use, public facilities available to service the area, or other pertinent facts. The written report may also contain opinions of the Zoning Administrator concerning the application for a special exception and/or information from other departments that have reviewed the application for a special exception. A copy of such report shall be made available to the applicant and all remonstrators.

3. Public Notice. The following public notice standards apply to an application for a special exception. All costs associated with providing public notice shall be borne by the applicant.

4. Attendance. The applicant shall be present at the Board of Zoning Appeals meeting to present the application for a special exception and to address and discuss comments and concerns. Failure to appear shall result in the dismissal of the application for a special exception.

5. Public Hearing. A public hearing shall be held in accordance with the Board of Zoning Appeals rules and procedures.

6. Review. At their regularly scheduled public meeting, the Board of Zoning Appeals shall review:

7. Decision. The Board of Zoning Appeals shall make findings of fact and take final action, or continue the hearing to a defined future meeting date.

1. Delay of Parent Tract Splits. Any parent tract being split into twenty (20) lots or less is subject to a five (5) year suspension of further subdivision. Petitioners are encouraged to submit anticipated future lot splits each time a parent tract is split to avoid difficulty with this provision.

2. Replats. A replat shall consist of two (2) processes which may be combined together as one (1) vote. First, the plat, or a portion thereof, shall be vacated in accordance with IC 36-7-3-10 and 36-7-3-11. Then, the property shall be replatted using the primary plat process in this section followed by the final plat process in JCC 20.90.160, Subdivision of land – Final plat.

3. Exemptions. Condominiums regulated by IC 32-35 are exempt from this subdivision process outlined in the Unified Development Code.

1. Eligible Applicants. An application for primary plat shall be initiated by the owner of the land involved in the development or the owner’s authorized agent. If an authorized agent files an application, a signed and notarized consent form from the owner shall accompany the application.

2. Pre-application Meeting. Prior to submitting an application for primary plat, the applicant shall meet with the Zoning Administrator to review the zoning classification of the site, review regulatory ordinances and materials, review the procedures, and examine the proposed use and development of the site.

1. Application. An application for primary plat shall be made on forms provided by the Zoning Administrator.

2. Supporting Information. The following supporting information shall accompany a completed application for primary plat.

3. Deadline. Six (6) hard copies of the application for primary plat; six (6) hard copies of all supporting information; and the application for primary plat and all supporting information in a PDF (portable document format) file; shall be submitted twenty (20) days prior to the public meeting at which it is first to be heard by the Plan Commission.

4. Fees. Applicable fees shall be paid at the time the application for primary plat is filed. Fees shall include reimbursement for any cost borne by the Plan Commission to hire a professional engineer or other technician necessary to subsidize the planning staff’s capabilities for review.

1. Assignment. An application for primary plat, which is determined to be complete and in proper form by the Zoning Administrator, shall be assigned a case number and placed on the first available Plan Commission agenda.

2. Internal Review. Upon assignment of a case number and hearing date, the technical advisory committee and other applicable agencies will be notified of the proposed subdivision of land and asked to review and comment. The Zoning Administrator may submit a written report to the Plan Commission stating any facts concerning the physical characteristics of the area involved in the subdivision of land, the surrounding land use, public facilities available to service the area, or other pertinent facts. The written report may also contain opinions of the Zoning Administrator concerning the subdivision of land and information from the technical advisory committee and/or other agencies that have reviewed the subdivision of land. A copy of such report shall be made available to the applicant and all remonstrators.

3. Public Notice. The following public notice standards apply to an application for primary plat. All costs associated with providing public notice shall be borne by the applicant.

4. Attendance. The applicant shall be present at the Plan Commission meeting to present and explain the application for primary plat and address and discuss comments and concerns posed by the Plan Commission. Failure to appear may, by vote, result in the dismissal of the application for primary plat.

5. Public Hearing. A public hearing shall be held in accordance with the Plan Commission rules and procedures.

6. Review. At their regularly scheduled public meeting, the Plan Commission shall review:

7. Decision.

1. Minor Amendments. Minor amendment to an approved primary plat which does not involve an increase in the number of lots or intensity of land uses; the designation of additional land uses; the reduction in perimeter yards; changes to circulation; the addition of driveways or access points; or reduction in the amount of parking may be authorized by the Zoning Administrator without a public hearing, if the requested minor amendments do not adversely impact the purpose or intent of the overall development. An example of a minor amendment could be the relocation of an easement. A minor amendment authorized by the Zoning Administrator shall be reported, in writing, to the Plan Commission at the next regular meeting of the Plan Commission.

2. Major Amendments. If the Zoning Administrator or County Engineer determines that the proposed modification may adversely impact the purpose or intent of the overall development; or if the proposed modification includes an increase in the number of lots, or intensity of any land use; or if the proposed modification includes the designation of an additional land use, the applicant shall be required to file a new application for primary plat. [Ord. 8-3-20A § 5; Ord. 3-7-16A § 1; Ord. 12-27-11 § 9.15.]

1. Primary Plat. The application for primary plat shall be approved by the Plan Commission prior to submitting a final plat. If the primary plat approval included commitments, those commitments shall be recorded in the office of the Jasper County Recorder.

2. Infrastructure. A subdivision that is the subject of a final plat shall have all of the infrastructure improvements proposed in the primary plat installed to meet Jasper County’s construction standards, or the applicant shall have posted a performance surety for the cost of the infrastructure improvements that complies with JCC 20.70.250, SY-01 – Surety standards.

1. Application. The applicant shall submit a letter stating the status of infrastructure improvements and requesting final plat approval. The original application for primary plat should be on file with the Zoning Administrator.

2. Supporting Information. The following information shall accompany the applicant’s letter requesting final plat approval.

3. Deadline. Six (6) hard copies of the letter requesting final plat approval; six (6) hard copies of all supporting information; one (1) digital copy of the letter requesting final plat and all supporting information in a PDF (portable document format) file; and one (1) digital copy of any drawings in DWG file format shall be filed within two (2) years of the approval of primary plat by the Plan Commission.

4. Fees. Applicable fees shall be paid at the time the request for final plat is filed. Fees shall include reimbursement for any cost borne by the Plan Commission to hire a professional engineer or other technician necessary to subsidize the planning staff’s capabilities for review.

1. Assignment. The Zoning Administrator shall review the letter requesting final plat and all supporting information. Based on the history and the complexity of the project, the Zoning Administrator shall determine if the final plat should be presented to the Plan Commission. Should the Zoning Administrator determine Plan Commission review is necessary, the Zoning Administrator shall assign the final plat a case number and place it on the first available Plan Commission agenda. The Zoning Administrator shall notify the applicant in writing if Plan Commission review is necessary and the date of the meeting, if applicable.

2. Review. The Zoning Administrator shall provide the letter requesting final plat, the supporting information, and a comment sheet to all applicable departments and agencies. Each department shall determine if the infrastructure improvements installed or proposed to be installed meet Jasper County’s construction standards and if the improvements include adequate connection to existing and future systems. If applicable, each department shall also review applicable cost estimates for reasonableness. Each department shall return the comment sheet with any comments or concerns concerning the infrastructure or the project to the Zoning Administrator. If it has been determined that Plan Commission review is required, the Zoning Administrator shall forward the comment sheets to the Plan Commission for review at the meeting.

3. Public Notice. Notice and public hearing shall not be required for final plat.

4. Review and Decision. The Zoning Administrator shall, based on comments from departments, approve, approve with conditions, or deny final plat. In cases where the final plat is being heard by the Plan Commission, the Plan Commission shall review the comments from departments at a regularly scheduled public meeting and approve, approve with conditions, or deny final plat.

1. Applicable Districts. An administrative subdivision of land shall only apply to the following zoning districts:
CO PR A1 A2 A3 A4 R1 R2 VR M1 IS LB GC HC CP I1 I2

2. Applicable Actions.

1. Add a New Driveway Cut. Adding a new driveway cut for actions described in the following sections shall not be permitted:

2. Establish a New or Modify an Existing Easement. Establishing a new or modifying an existing easement as a part of any action shall not be permitted.

3. Utilize the Administrative Subdivision More Than Once. Utilizing the administrative subdivision process more than once for the same parent tract described in the following sections shall not be permitted:

4. Involve Lots in Differing Zoning Districts. All lots involved shall be in the same zoning district.

1. Eligible Applicant. An application for an administrative subdivision shall be initiated by the owner(s) of all applicable lots or the owner’s authorized agent. If an authorized agent files an application, a signed and notarized consent form from the owner(s) shall accompany the application.

2. Removing Unnecessary Driveway Cuts. Under the actions listed in the following sections, pre-existing driveway cut(s) established for the dissolved lots shall be vacated and removed, including the apron within the right-of-way:

1. Application. An application for an administrative subdivision shall be made on forms provided by the Zoning Administrator.

2. Supporting Information. The following supporting information shall accompany a completed application for an administrative subdivision. The Zoning Administrator may waive in writing the submittal of unnecessary information relative to the application.

3. Site Plan. A site plan, drawn to a scale of one (1) inch equals fifty (50) feet (1"=50') or one (1) inch equals 100 feet (1"=100'), that includes the following items:

4. Deadline. Not applicable.

5. Submittal Material. Three (3) hard copies of the application and all supporting information; one (1) digital copy of the application and all supporting information in a PDF (portable document format) file; and one (1) digital copy of scaled drawing of lot lines showing the resulting lots (e.g., modification of lot lines, new lots, combined lots) submitted in a PDF file.

6. Fee. The applicable fee from the Jasper County fee schedule shall be paid at the time the application for an administrative subdivision is filed. An application without the appropriate application fees shall not be considered substantially complete.

1. Review of Material. An application for an administrative subdivision, which is determined to be complete and in proper form by the Zoning Administrator, shall be reviewed by the Zoning Administrator and the County Surveyor for compliance with the Unified Development Code.

2. Decision. The Zoning Administrator shall make a determination as to whether the petition complies with subsection (B)(1) of this section, Applicable Districts, subsection (B)(2) of this section, Applicable Actions, and subsection (D) of this section, Prerequisites, standards; and assuring that subsection (C) of this section, Disqualification, does not apply. If the petition is in compliance, all three (3) copies shall be approved and signed by both reviewers. A signed copy shall be retained for County records and two (2) copies conveyed to the petitioner; one (1) for personal records and one (1) 11" x 17" reduced copy for recording with the Jasper County Recorder’s office.

3. Report to Plan Commission. At the first regularly scheduled Plan Commission meeting after an administrative subdivision approval, the approval shall be reported to the full Plan Commission.

4. Proof of Recording. To officially complete the process the petitioner shall record the plat with the Jasper County Recorder’s office and provide proof to the Zoning Administrator.

5. Failure to Record. If an approved and signed administrative subdivision is not recorded within 120 days from the date of approval and signature, the application and approval shall be deemed void. The Zoning Administrator shall report the failure to record to the Plan Commission at the first regularly scheduled Plan Commission meeting after discovering default occurred; and shall notify the petitioner, and shall clearly note failure to record in the County’s records.

1. Eligible Applicants. Members of the County Commissioners or members of the Plan Commission shall initiate a proposal to amend the text of the Unified Development Code. Persons who wish to propose an amendment to the text of the Unified Development Code and who are not members of the County Commissioners or Plan Commission shall find a sponsor among the County Commissioners or the Plan Commission to introduce the proposal.

1. Application. A proposal for an amendment to the text of the Unified Development Code shall be prepared by the Zoning Administrator upon the direction of either the County Commissioners or the Plan Commission.

2. Deadline. A proposal for an amendment to the text of the Unified Development Code may be filed any time.

1. Assignment. The Zoning Administrator shall assign a case number and place the proposed amendment to the text of the Unified Development Code on the first available Plan Commission agenda.

2. Internal Review. The Zoning Administrator shall be responsible for introducing the proposed amendment to the text of the Unified Development Code to the technical advisory committee and other applicable departments and agencies that may have an interest in the proposed amendment. The Zoning Administrator shall also notify the technical advisory committee and other applicable departments and agencies of the date of the Plan Commission meeting where the proposed amendment to the text of the Unified Development Code will be heard.

3. Public Notice. The following public notice standards apply for a proposal to amend the text of the Unified Development Code.

4. Public Hearing. A public hearing shall be held in accordance with the Plan Commission rules and procedures.

5. Review. In preparing and considering proposals to amend the text of the Unified Development Code, the Plan Commission and the County Commissioners shall pay reasonable regard to:

1. Final Action. The Plan Commission shall certify the amendment to the text of the Unified Development Code and forward the proposal to the County Commissioners with a favorable recommendation, an unfavorable recommendation, or no recommendation.

2. Effective Date.

1. Jurisdiction. Projects within the jurisdictional area of the Plan Commission that are unable to meet the provisions of the Unified Development Code may apply for a variance.

2. Previously Denied Applications. The Zoning Administrator shall refuse to accept an application for a variance that has been denied by the Board of Zoning Appeals within the last twelve (12) months. However, the Zoning Administrator shall have the authority and discretion to determine that an application for a variance containing major changes may justify re-filing within the aforementioned twelve (12) month period.

1. Eligible Applicants. An application for a variance may be filed by the owner, his agent, or any person having a legal or equitable interest in the subject property, but the written authorization of any owner who is not an applicant shall be required.

2. Pre-application Meeting. Prior to submitting an application for a variance, the applicant shall meet with the Zoning Administrator to review the zoning classification of the site, ordinance provisions, the application packet, and the procedure involved.

1. Application. Application for a variance shall be made on a form provided by the Zoning Administrator.

2. Supporting Information.

3. Deadline. An application for a variance shall be filed at least twenty (20) days prior to the public meeting at which it is first to be considered by the Board of Zoning Appeals.

4. Fees. Applicable fees shall be paid at the time the application for a variance is filed. Fees shall include reimbursement for any cost borne by the Plan Commission to hire a professional engineer or other technician necessary to subsidize the planning staff’s capabilities for review.

1. Assignment. An application for a variance, which is determined to be complete and in proper form by the Zoning Administrator, shall be assigned a case number and placed on the first available Board of Zoning Appeals agenda.

2. Internal Review. Upon assignment of a number and hearing date, the Zoning Administrator may ask applicable departments to review and comment on the proposed project. The Zoning Administrator may submit a written report to the Board of Zoning Appeals stating any facts concerning the physical characteristics of the area involved, the surrounding land use, public facilities available to service the area, or other pertinent facts. The written report may also contain opinions of the Zoning Administrator concerning the application for a variance and/or information from other departments that have reviewed the application for a variance. A copy of such report shall be made available to the applicant and all remonstrators.

3. Public Notice. The following public notice standards apply to an application for a variance. All costs associated with providing public notice shall be borne by the applicant.

4. Attendance. The applicant shall be present at the Board of Zoning Appeals meeting to present the application for a variance and address and discuss comments and concerns. Failure to appear shall result in the dismissal of the application for a variance.

5. Public Hearing. A public hearing shall be held in accordance with the Board of Zoning Appeals rules and procedures.

6. Review. At their regularly scheduled public meeting, the Board of Zoning Appeals shall review:

7. Decision. The Board of Zoning Appeals shall make findings of fact and take final action or continue the application for a variance to a defined future meeting date.

1. Development Standards Variance. A development standards variance granted by the Board of Zoning Appeals shall run with the land until such time as the property conforms with the Unified Development Code.

2. Use Variance. A use variance granted by the Board of Zoning Appeals may run with the land or applicant until such time as:

1. Development Standards Variance. Modification of a development standards variance that makes a project more compliant with the provisions of the Unified Development Code may be authorized by the Zoning Administrator. Modification of a development standards variance that makes a project less compliant with the provisions of the Unified Development Code shall re-file an application for a variance or other appropriate application.

2. Use Variance. Modification of a use variance shall not be permitted. Any modification of an approved use variance shall meet all of the provisions of the Unified Development Code or re-file an application for a variance or other appropriate application. [Ord. 8-3-20A § 7; Ord. 3-7-16A § 1; Ord. 12-27-11 § 9.19.]

1. Jurisdiction. Areas or lots shall be located within the jurisdictional area of the Plan Commission.

2. Previously Denied Applications. The Zoning Administrator shall refuse to accept an application for a rezoning that has been denied by the County Commissioners within the last twelve (12) months. However, the Zoning Administrator shall have the authority and discretion to determine that an application for a rezoning containing major changes may justify re-filing within the aforementioned (12) month period.

1. Eligible Applicants.

2. Pre-application Meeting. Prior to submitting an application for a rezoning the applicant shall meet with the Zoning Administrator to review the current zoning district, the proposed zoning district, adjacent zoning districts and land uses, applicable ordinance provisions, the application packet, and the procedure involved.

1. Application. An application for a rezoning shall be made on a form provided by the Zoning Administrator.

2. Supporting Information. An application for a rezoning shall be accompanied by the following supporting information:

3. Deadline. An application for a rezoning shall be filed at least twenty (20) days prior to the public meeting at which it is first to be considered by the Plan Commission.

4. Fees. Applicable fees shall be paid at the time the application for a rezoning is filed. Fees shall include reimbursement for any cost borne by the Plan Commission to hire a professional engineer or other technician necessary to subsidize the planning staff’s capabilities for review.

1. Assignment. An application for a rezoning, which is determined to be complete and in proper form by the Zoning Administrator, shall be assigned a case number and placed on the first available Plan Commission agenda.

2. Internal Review. Upon assignment of a case number and hearing date, the Zoning Administrator shall review the application for a rezoning and all supporting information. The Zoning Administrator may forward the application for a rezoning and any other relevant information to the technical advisory committee, or other applicable agencies. The Zoning Administrator may submit a written report to the Plan Commission stating facts concerning the physical characteristics of the area involved in the application for a rezoning, adjacent zoning, the surrounding land use, facilities available to service the area, or other pertinent facts. The written report may also contain opinions of the Zoning Administrator concerning the application for a rezoning and information from any other agency that reviewed the application for a rezoning. A copy of such report shall be made available to the applicant and all remonstrators.

3. Public Notice. The following public notice standards apply to an application for a rezoning. All costs associated with providing public notice shall be borne by the applicant.

4. Attendance. The applicant shall be present at the Plan Commission meeting to explain the application for a rezoning and address and discuss comments and concerns posed by the Plan Commission. Failure to appear shall result in the dismissal of the application for a rezoning.

5. Public Hearing. A public hearing shall be held in accordance with the Plan Commission rules and procedures.

6. Review. At their regularly scheduled public meeting, the Plan Commission shall review:

7. Decision.

1. Applicant Information.

2. Location.

3. Construction Plan. A construction plan that describes the proposed wireless support structure and all equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment.

4. Findings of Fact. For an application that requires a special exception or a use variance, evidence showing that the application complies with the applicable criteria shall be submitted.

1. Failure to Notify. If the Zoning Administrator fails to notify the applicant within ten (10) business days whether their application is complete shall be considered a nonfinal zoning decision in accordance with IC 36-7-4-1602(c), with the applicant consequently entitled to expedited judicial review of the nonfinal zoning decision.

1. Public Hearing Required. When a public hearing is required for a special exception or a use variance, the Board of Zoning Appeals shall conduct the hearing and take final action within a reasonable period of time.

2. Public Hearing Not Required. When a public hearing is not required, the Zoning Administrator shall take final action on the request within a reasonable period of time after the application is filed.

1. Collocation Only. If the request involves an application for collocation only, a reasonable period of time is not more than forty-five (45) days from the date that the applicant is notified by the Zoning Administrator that the application is complete. An application for collocation only is not subject to a public hearing before the Board of Zoning Appeals, but the Zoning Administrator may review the application for compliance with applicable building code requirements before issuing an improvement location permit.

2. New Wireless Support Structure. If the request involves an application for an improvement location permit to construct a new wireless support structure, a reasonable period of time is not more than ninety (90) days from the date that the applicant is notified that the application is complete, or not more than one hundred twenty (120) days in any case in which the approval of a use variance is necessary. The Board of Zoning Appeals shall conduct a public hearing on the request and shall make a decision on the request at the meeting at which it is first presented. Decisions made by the Board of Zoning Appeals after a public hearing conducted in accordance with this section are considered zoning decisions for purposes of IC 36-7-4 and are subject to judicial review under IC 36-7-4-1600 series.

3. Substantial Modification of a Wireless Support Structure. If the request involves an application for an improvement location permit for substantial modification of a wireless support structure, a reasonable period of time is not more than ninety (90) days from the date that the applicant is notified that the application is complete, or not more than one hundred twenty (120) days in any case in which the approval of a use variance is necessary. The Board of Zoning Appeals shall conduct a public hearing on the request and shall make a decision on the request at the meeting at which it is first presented. Decisions made by the Board of Zoning Appeals after a public hearing conducted in accordance with this section are considered zoning decisions for purposes of IC 36-7-4 and are subject to judicial review under IC 36-7-4-1600 series.

4. Additional Time for Applicant Amendment. If an applicant has requested additional time to amend its application or requested or agreed to a continuance during the review or hearing process, then the period of time prescribed by subsections (E)(1), (2), or (3)of this section shall be extended for a corresponding amount of time.

5. Failure to Take Action. Failure by the Zoning Administrator or the Board of Zoning Appeals to take final action on a request within a reasonable period of time shall be considered a nonfinal zoning decision in accordance with IC 36-7-4-1602(c), with the applicant consequently entitled to expedited judicial review of the nonfinal zoning decision.

1. Fees.

2. Nondiscrimination. The Zoning Administrator or Board of Zoning Appeals may not discriminate among communications service providers or public utilities with respect to the following:

3. Fall Zone Limitation. The Zoning Administrator or Board of Zoning Appeals may not impose a fall zone requirement for a wireless support structure that is larger than the area within which the structure is designed to collapse, as set forth in the applicant’s engineering certification for the structure. However, a fall zone requirement that is larger than the area described above may be imposed if the Zoning Administrator or Board of Zoning Appeals provides evidence that the applicant’s engineering certification is flawed. This evidence must include a study performed by a professional engineer.

4. All Other Land Use and Development Standards Apply. These additional rules do not affect the ability of the County to exercise other zoning, land use, planning or other development standards with respect to the siting of new wireless support structures; or exempt the applicant from complying with applicable laws and ordinances concerning land use.

5. Federal Standards Apply. In reviewing applications and conducting hearings, the Zoning Administrator and the Board of Zoning Appeals shall comply with all applicable provisions of Section 332(c)(7)(B) of the Federal Telecommunications Act of 1996 as in effect on July 1, 2015, and Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 as in effect on July 1, 2015.

6. Information Not Required. Neither the Zoning Administrator nor the Board of Zoning Appeals may require an applicant to submit information about or evaluate an applicant’s business decisions with respect to the applicant’s designed service, customer demand, service quality, or desired signal strength to a particular location.

7. Confidential Materials. All meetings of the Board of Zoning Appeals are subject to the Open Door Law in accordance with IC 5-14-1.5. However, neither the Zoning Administrator nor the Board of Zoning Appeals may release to the public any records that are required to be kept confidential under Federal or State law, including the trade secrets of applicants, as provided in the Access to Public Records Act (IC 5-14-3) and other applicable laws.

8. Consolidation of Multiple Applications. The Zoning Administrator shall allow an applicant to submit a single consolidated application to collocate multiple wireless service facilities, or for multiple small cell facilities that are located within the County and that comprise a single small cell network. Whenever a consolidated application is approved, the Zoning Administrator shall issue the applicant a single improvement location permit for the multiple facilities, or for the small cell network, in lieu of issuing multiple permits for each respective facility.

9. Conditions for Use of Utility Poles or Towers. Neither the Zoning Administrator nor the Board of Zoning Appeals may require or impose conditions on an applicant regarding the installation, location, or use of wireless service facilities on utility poles or electrical transmission towers. [Ord. 3-7-16A § 1; Ord. 12-27-11 § 9.21.]

1. Small Structures. An accessory structure that is not on a permanent foundation and is less than 200 square feet in area is exempt from obtaining an improvement location permit.

2. Softscaping and Hardscaping. Installing trees, shrubs, plants, and flowers; applying mulch or soil enhancers; raising of planting beds around foundations; and installing accent hardscaping (e.g., stone steps, stone edging, and small retaining walls) is exempt from obtaining an improvement location permit as long as there is no adverse effect to drainage.

3. Deck or Patio. A deck or patio installed individually or cumulatively that is less than 200 square feet in area over the entire lot is exempt from obtaining an improvement location permit.

4. Sign Content Change. Sign content may be changed without having to receive an improvement location permit.

5. Flag Pole. Flag poles may be installed without obtaining an improvement location permit.

6. Play Set. Play sets may be installed without obtaining an improvement location permit.

7. Type 1 Home Business. Type 1 home businesses may commence without obtaining an improvement location permit.

8. Property Maintenance. Maintenance and repairs to the existing structure or site features may commence without obtaining an improvement location permit.

9. Replacing Light Fixtures. Existing light fixtures and bulbs may be replaced without obtaining an improvement location permit. However, replacement lighting fixtures shall not violate JCC 20.50.530 LT-01 – Lighting standards, commitments, or conditions of the development’s approval, or any other standards within the Unified Development Code.

1. Building Permit. An improvement location permit does not authorize compliance with building codes. Concurrent to having a project reviewed for compliance with the Unified Development Code most projects with any type of building will also have to be reviewed for compliance with the building code. The review for compliance with the building code is conducted by the Building Official.

2. Site Improvement Permit. An improvement location permit does not authorize compliance with the Jasper County stormwater management ordinances. Concurrent to having a project reviewed for compliance with the Unified Development Code most projects will also have to be reviewed for compliance with the stormwater management ordinance. The review for compliance with the stormwater management ordinance is conducted by the technical advisory committee or County’s Engineer.

3. Other Permits. An improvement location permit does not authorize compliance with any County, State or federal permits. It is the responsibility of the property owner to acquire any other required permits prior to making any improvement.

1. Application. Application for an improvement location permit shall be made on a form provided by the Zoning Administrator. The following information shall be provided on the application form.

2. For Permanent Construction, Installation, Addition, Alteration, or Relocation of a Structure. The following supporting information, as applicable, shall be provided on a site plan, application form, or as an attachment.

3. For Permanent Alteration to the Land. The following supporting information, as applicable, shall be provided on a site plan, application form, or as an attachment.

4. For Establishment of a New Land Use or Change to an Existing Land Use. The following supporting information shall be provided on a site plan, application form, or as an attachment.

5. Deadline. Applications for an improvement location permit may be filed any time.

6. Professional Services. If the Plan Commission finds it necessary to hire a professional engineer or other technician to subsidize the Zoning Administrator’s capabilities for review, notice shall be given to the applicant prior to contracting services. Notice shall be given in the form of a letter that includes the statement of intent to contract professional services. The applicant shall be given fourteen (14) days from the date of mailing, prior to contracting said professional services.

7. Fees. Applicable fees shall be paid at the time the application for an improvement location permit is filed. Fees shall include reimbursement for any cost borne by the Plan Commission to hire a professional engineer or other technician necessary to subsidize the planning staff’s capabilities for review.

1. Substantially Complete Application. An application for an improvement location permit shall not be reviewed for approval until it is determined to be substantially complete by the Zoning Administrator. The Zoning Administrator must first verify that the application form and required supplemental information have been submitted correctly, and the applicable application fee is paid.

2. Review the Project’s Compliance. After the application is verified as being substantially complete, the Zoning Administrator shall review the project to determine whether it complies with the Unified Development Code. The Zoning Administrator may consult with the Jasper County Engineer, Building Commissioner, or any other person, department, or group to determine if the project complies with all of the provisions of the Unified Development Code. During the review process, the Zoning Administrator may:

3. Render a Decision. The Zoning Administrator shall render a “decision to deny” or “decision to approve” based on the information submitted, project review, discretion exercised, and interpretations made.

4. Issuing an Improvement Location Permit. If the proposed project complies with the Unified Development Code, the Zoning Administrator shall render a decision to approve, document the terms of the approval on the permit, and then issue an improvement location permit.

5. Decision to Deny. If the proposed project does not comply with the Unified Development Code, the Zoning Administrator shall not issue an improvement location permit. The Zoning Administrator shall internally document the reasons for not issuing an improvement location permit and send that information to the applicant by email or U.S. Mail, or by telephone. If an email is used to communicate denial, documentation that the email was received shall be included in the file. Similarly, if a phone call is used to communicate denial, documentation of the phone call shall be included in the file. If a proposed project does not comply with the Unified Development Code, the applicant may promptly revise the application, or may promptly pursue relief from the Unified Development Code.

6. Allowance for Revision Prior to a Decision. At the discretion of the Zoning Administrator, the applicant may be permitted to modify the site plan, application form, or attachments prior to a decision by the Zoning Administrator.

7. Allowance for Revision After a Decision. After a decision to deny, the applicant may promptly revise the site plan, application form, or attachment in order to comply with the Unified Development Code without terminating the process.

8. Pursuit of Relief. After a decision to deny, the applicant may promptly pursue an administrative appeal, variance from development standards, or variance of use. During an appeal for relief, the application for improvement location permit shall be suspended until the Board of Zoning Appeals rules on the matter.

1. Procedural Expiration. An application shall expire and be void after the applicant is notified of a decision to deny unless the applicant makes revisions to the application or pursues relief from the Board of Zoning Appeals within sixty (60) days from notification.

2. Commencement. After an improvement location permit is issued, the project shall commence within one (1) year of the issuance date or shall become void.

3. Expiration. After an improvement location permit is issued, the project shall be completed within two (2) years of the issuance date or shall become void.

1. It shall be unlawful to use, occupy, or permit the use or occupancy of any building, or premises, or both, or part thereof, hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use of structure until a certificate of occupancy has been issued by the Administrator. The certificate of occupancy shall state that the proposed use of the building or land conforms to the requirements of this title and that the Administrator and/or their designee has inspected the property and attested to that fact.

2. A certificate of occupancy shall not be issued until the required driveway has been professionally installed and then inspected by the Administrator.

3. No certificate of occupancy shall be issued until all work has been completed and all applicable inspections performed and completed. [Ord. 12-02-24 § 79; Ord. 12-27-11 § 9.06.]

1. Application. Application for a temporary improvement location permit shall be made on a form provided by the Zoning Administrator. Supporting information shall be submitted as per all applicable requirements described in the following sections.

2. Establishment of a Temporary Use of Land or Structure. The following application and supporting information, when applicable, shall be provided on a site plan, application form, or as an attachment.

3. Deadline. Applications for a temporary improvement location permit may be filed any time.

4. Professional Services. If the Plan Commission finds it necessary to hire a professional engineer or other technician to subsidize the Zoning Administrator’s capabilities for review, notice shall be given to the applicant prior to contracting services. Notice shall be given in the form of a letter that includes the statement of intent to contract professional services. The applicant shall be given fourteen (14) days from the date of mailing, prior to contracting said professional services.

5. Fees. The applicable fee shall be paid at the time the application for a temporary improvement location permit is filed. Fees shall include reimbursement for any cost borne by the Plan Commission to hire a professional engineer or other technician necessary to subsidize the planning staff’s capabilities for review.

1. Substantially Complete Application. An application for a temporary improvement location permit shall not be reviewed for approval until it is determined to be substantially complete by the Zoning Administrator. The Zoning Administrator shall first verify that the application form and required supplemental information has been submitted correctly, and the applicable application fee is paid.

2. Review the Project’s Compliance. After the application is verified as being substantially complete, the Zoning Administrator shall review the project to determine whether it complies with the Unified Development Code. The Zoning Administrator may consult with the Jasper County Engineer, Building Commissioner, or any other person, department, or group to determine if the project complies with all of the provisions of the Unified Development Code. During the review process, the Zoning Administrator may:

3. Render a Decision. The Zoning Administrator shall render a “decision to deny” or “decision to approve” based on the information submitted, project review, discretion exercised, and interpretations made.

4. Issuing a Temporary Improvement Location Permit. If the proposed project complies with the Unified Development Code the Zoning Administrator shall render a decision to approve, then document the terms of the approval on the permit, and then issue a temporary improvement location permit.

5. Decision to Deny. If the proposed project does not comply with the Unified Development Code, the Zoning Administrator shall not issue a temporary improvement location permit. The Zoning Administrator shall internally document the reasons for not issuing a temporary improvement location permit and send that information to the applicant by email, U.S. Mail, or telephone. If an email is used to communicate denial, documentation that the email was received shall be included in the file. Similarly, if a phone call is used to communicate denial, documentation of the phone call shall be included in the file. If a proposed project does not comply with the Unified Development Code, the applicant may promptly revise the application, or may promptly pursue relief from the Unified Development Code.

6. Allowance for Revision Prior to a Decision. Not applicable.

7. Allowance for Revision After a Decision to Deny. After a decision to deny, the applicant may promptly revise the site plan, application form, or attachment in order to comply with the Unified Development Code without terminating the process.

8. Pursuit of Relief. After a decision to deny, the applicant may promptly pursue an administrative appeal or variance from development standards. During an appeal for relief, the application for improvement location permit shall be suspended until the Board of Zoning Appeals rules on the matter.

1. Procedural Expiration. An application shall expire and be void after the applicant is notified of a decision to deny unless the applicant makes revisions to the application or pursues relief from the Board of Zoning Appeals within sixty (60) days from notification.

2. Commencement. After a temporary improvement location permit is issued, the permit shall expire after the last approved date for the temporary use and/or structure.

3. Permit Expiration. A temporary improvement location permit shall be issued for the dates requested by the applicant and within the ordinance limits as described in JCC 20.50.860 through 20.50.890 temporary use and structure standards. The permitted dates shall be displayed on the temporary improvement location permit.

4. Extensions. Not applicable.

1. Petition. Petition for administrative appeal shall be made on a form provided by the Zoning Administrator. Supporting information shall be submitted as per the requirements described in the following sections.

2. Information to Be Submitted. The following information shall be provided on the petition form.

3. Deadline. A petition for an administrative appeal shall be filed with the Board of Zoning Appeals within thirty (30) days of the decision, interpretation, order determination, or action that is the subject of the appeal.

4. Suspension of Work. Work related to the decision, interpretation, order determination, or action being appealed shall be suspended until the administrative appeal is complete, or until the Board of Zoning Appeals authorizes full or partial work to resume prior to a Board of Zoning Appeals decision.

5. Fees. The applicable fee shall be paid at the time the petition for administrative appeal is filed.

1. Substantially Complete Petition. A petition for an administrative appeal shall not be issued a docket number or be scheduled for hearing by the Board of Zoning Appeals until it is determined to be substantially complete by the Zoning Administrator. The Zoning Administrator shall verify that the petition form and required supplemental information has been submitted correctly, and the applicable petition fee is paid.

2. Assignment. Once a petition for an administrative appeal has been determined substantially complete, the Zoning Administrator shall assign a case number and place the appeal on the agenda of the Board of Zoning Appeals. The Zoning Administrator shall inform the petitioner, in writing, of the date and time of the Board of Zoning Appeals meeting at which the appeal is to be heard.

3. Public and Interested Party Notice. The petitioner shall be responsible for providing public notice in accordance with the Board of Zoning Appeals rules and procedures. The applicant shall also be responsible for returning proof of required notice to the Zoning Administrator prior to the start of the Board of Zoning Appeals meeting at which the appeal is to be heard. Failure to submit proof of notice may result in the administrative appeal being continued to the following month’s Board of Zoning Appeals meeting.

4. Transfer of Information.

5. Review. The Board of Zoning Appeals shall hear the administrative appeal at a regularly scheduled public meeting according to their rules and procedures. The Board of Zoning Appeals may consider information conveyed to them in writing and testimony during the hearing in making a decision.

6. Decision. Following the hearing and review, the Board of Zoning Appeals may reverse, affirm, or modify the decision, interpretation, order determination, or action from which the appeal stems. The Board of Zoning Appeals may also add conditions to its decision when warranted.

7. Appeal. Any person aggrieved by the decision of the Board of Zoning Appeals may appeal such decision to the Circuit or Superior Court of Jasper County. [Ord. 12-27-11 § 9.08.]

1. Development Plan Approval. Development plan approval shall be required prior to an improvement location permit being issued for:

2. Subdivisions. For residential subdivisions, development plan approval shall be reviewed concurrently with the final subdivision plat.

1. Single-Family Detached Residential. Any lot being developed for a single-family detached residence or its accessory structures shall be exempt from development plan approval. Only the improvement location permit process shall apply.

2. Agriculture Sites and Buildings. Any lot being solely used for agricultural purposes shall be exempt from development plan approval. Only the temporary improvement location permit process shall apply.

3. Temporary Use of Land or Structure. Any temporary use of land or structure shall be exempt from development plan approval. Only the improvement location permit process shall apply.

4. Establish a New Land Use or Change an Existing Land Use. Establishing a new land use or changing an existing land use shall be exempt from development plan approval. Only the improvement location permit process shall apply.

1. Application. Application for development plan approval shall be made on a form provided by the Zoning Administrator. The following information shall be provided on the application form.

2. For Permanent Construction, Installation, Addition, Alteration, or Relocation of a Structure. The following supporting information, as applicable, shall be provided on a site plan, application form, and/or as an attachment.

3. For Permanent Alteration to the Land. The following supporting information, as applicable, shall be provided on a site plan, application form, and/or as an attachment.

4. Deadline. Six (6) hard copies of the application for development plan approval; six (6) hard copies of all supporting information; one (1) digital copy of the application for development plan approval and supporting information in a PDF (portable document format) file; and one (1) digital copy of any drawings or plans in a PDF file shall be submitted to the Plan Commission at least twenty (20) days prior to the public meeting at which it is first to be considered by the Plan Commission.

5. Professional Services. If the Plan Commission finds it necessary to hire a professional engineer or other technician to subsidize the Zoning Administrator’s capabilities for review, notice shall be given to the applicant prior to contracting services. Notice shall be given in the form of a letter that includes the statement of intent to contract professional services. The applicant shall be given fourteen (14) days from the date of mailing, prior to contracting said professional services.

6. Fees. Applicable fees shall be paid at the time the application for development plan approval is filed. Fees shall include reimbursement for any cost borne by the Plan Commission to hire a professional engineer or other technician necessary to subsidize the planning staff’s capabilities for review.

1. Assignment. Development plans which are determined to be substantially complete and in proper form by the Zoning Administrator shall be assigned a case number and placed on the first available Plan Commission agenda.

2. Internal Review. Upon assignment of a case number and meeting date, the technical advisory committee and other applicable agencies will be notified of the proposed development plan and asked to review and comment. The Zoning Administrator may submit a written report to the Plan Commission stating any facts concerning the physical characteristics of the area involved in the development plan, the surrounding land use, public facilities available to service the area, or other pertinent facts. The written report may also contain opinions of the Zoning Administrator concerning the development plan and information from the technical advisory committee and/or other agencies that have reviewed the development plan. A copy of such report shall be made available to the applicant and all remonstrators.

3. Public Notice. Public notice is not required for development plan approval.

4. Attendance. The applicant shall be present at the Plan Commission meeting to address and discuss comments and concerns posed by the Plan Commission. Failure to appear shall result in the dismissal of the application for development plan approval.

5. Public Meeting. A public meeting shall be held in accordance with the Plan Commission rules and procedures.

6. Review. At their regularly scheduled public meeting, the Plan Commission shall review:

7. Decision. The Plan Commission shall make findings of fact and take final action or continue the application for development plan approval to a defined future meeting date.

1. Minor Amendments. Minor amendments to approved development plans which do not involve an increase in height, area, bulk or intensity of land uses; the designation of additional land uses; a reduction in yards; the addition of driveways or access points; or a reduction in the amount of parking may be authorized by the Zoning Administrator without a public hearing, if the requested minor amendments do not adversely impact the purpose or intent of the overall development. Minor amendments authorized by the Zoning Administrator shall be reported, in writing, to the Plan Commission at the next regular meeting of the Plan Commission.

2. Major Amendments. If the Zoning Administrator determines that the proposed modification may adversely impact the purpose or intent of the overall development; or if the proposed modification includes an increase in intensity of any land use; or if the proposed modification includes the designation of an additional land use, the applicant shall be required to file a new application for development plan approval. [Ord. 12-02-24 § 80; Ord. 8-3-20A § 1; Ord. 3-7-16A § 1; Ord. 12-27-11 § 9.09.]

1. Application. An application for a special exception shall be made on forms provided by the Zoning Administrator.

2. Supporting Information. The following items shall accompany a completed application for a special exception.

3. Deadline. An application for a special exception shall be filed at least twenty (20) days prior to the public meeting at which it is first to be considered by the Board of Zoning Appeals.

4. Professional Services. If the Plan Commission finds it necessary to hire a professional engineer or other technician to subsidize the Zoning Administrator’s capabilities for review, notice shall be given to the applicant prior to contracting services. Notice shall be given in the form of a letter that includes the statement of intent to contract professional services. The applicant shall be given fourteen (14) days from the date of mailing, prior to contracting said professional services.

5. Fees. Applicable fees shall be paid at the time the application for a special exception is filed. Fees shall include reimbursement for any cost borne by the Board of Zoning Appeals to hire a professional engineer or other technician necessary to subsidize the planning staff’s capabilities for review.

1. Assignment. An application for a special exception, which is determined to be complete and in proper form by the Zoning Administrator, shall be assigned a case number and placed on the first available Board of Zoning Appeals agenda.

2. Internal Review. Upon assignment of a number and hearing date, the Zoning Administrator may ask applicable departments to review and comment. The Zoning Administrator may submit a written report to the Board of Zoning Appeals stating any facts concerning the physical characteristics of the area involved, the surrounding land use, public facilities available to service the area, or other pertinent facts. The written report may also contain opinions of the Zoning Administrator concerning the application for a special exception and/or information from other departments that have reviewed the application for a special exception. A copy of such report shall be made available to the applicant and all remonstrators.

3. Public Notice. The following public notice standards apply to an application for a special exception. All costs associated with providing public notice shall be borne by the applicant.

4. Attendance. The applicant shall be present at the Board of Zoning Appeals meeting to present the application for a special exception and to address and discuss comments and concerns. Failure to appear shall result in the dismissal of the application for a special exception.

5. Public Hearing. A public hearing shall be held in accordance with the Board of Zoning Appeals rules and procedures.

6. Review. At their regularly scheduled public meeting, the Board of Zoning Appeals shall review:

7. Decision. The Board of Zoning Appeals shall make findings of fact and take final action, or continue the hearing to a defined future meeting date.

1. Delay of Parent Tract Splits. Any parent tract being split into twenty (20) lots or less is subject to a five (5) year suspension of further subdivision. Petitioners are encouraged to submit anticipated future lot splits each time a parent tract is split to avoid difficulty with this provision.

2. Replats. A replat shall consist of two (2) processes which may be combined together as one (1) vote. First, the plat, or a portion thereof, shall be vacated in accordance with IC 36-7-3-10 and 36-7-3-11. Then, the property shall be replatted using the primary plat process in this section followed by the final plat process in JCC 20.90.160, Subdivision of land – Final plat.

3. Exemptions. Condominiums regulated by IC 32-35 are exempt from this subdivision process outlined in the Unified Development Code.

1. Eligible Applicants. An application for primary plat shall be initiated by the owner of the land involved in the development or the owner’s authorized agent. If an authorized agent files an application, a signed and notarized consent form from the owner shall accompany the application.

2. Pre-application Meeting. Prior to submitting an application for primary plat, the applicant shall meet with the Zoning Administrator to review the zoning classification of the site, review regulatory ordinances and materials, review the procedures, and examine the proposed use and development of the site.

1. Application. An application for primary plat shall be made on forms provided by the Zoning Administrator.

2. Supporting Information. The following supporting information shall accompany a completed application for primary plat.

3. Deadline. Six (6) hard copies of the application for primary plat; six (6) hard copies of all supporting information; and the application for primary plat and all supporting information in a PDF (portable document format) file; shall be submitted twenty (20) days prior to the public meeting at which it is first to be heard by the Plan Commission.

4. Fees. Applicable fees shall be paid at the time the application for primary plat is filed. Fees shall include reimbursement for any cost borne by the Plan Commission to hire a professional engineer or other technician necessary to subsidize the planning staff’s capabilities for review.

1. Assignment. An application for primary plat, which is determined to be complete and in proper form by the Zoning Administrator, shall be assigned a case number and placed on the first available Plan Commission agenda.

2. Internal Review. Upon assignment of a case number and hearing date, the technical advisory committee and other applicable agencies will be notified of the proposed subdivision of land and asked to review and comment. The Zoning Administrator may submit a written report to the Plan Commission stating any facts concerning the physical characteristics of the area involved in the subdivision of land, the surrounding land use, public facilities available to service the area, or other pertinent facts. The written report may also contain opinions of the Zoning Administrator concerning the subdivision of land and information from the technical advisory committee and/or other agencies that have reviewed the subdivision of land. A copy of such report shall be made available to the applicant and all remonstrators.

3. Public Notice. The following public notice standards apply to an application for primary plat. All costs associated with providing public notice shall be borne by the applicant.

4. Attendance. The applicant shall be present at the Plan Commission meeting to present and explain the application for primary plat and address and discuss comments and concerns posed by the Plan Commission. Failure to appear may, by vote, result in the dismissal of the application for primary plat.

5. Public Hearing. A public hearing shall be held in accordance with the Plan Commission rules and procedures.

6. Review. At their regularly scheduled public meeting, the Plan Commission shall review:

7. Decision.

1. Minor Amendments. Minor amendment to an approved primary plat which does not involve an increase in the number of lots or intensity of land uses; the designation of additional land uses; the reduction in perimeter yards; changes to circulation; the addition of driveways or access points; or reduction in the amount of parking may be authorized by the Zoning Administrator without a public hearing, if the requested minor amendments do not adversely impact the purpose or intent of the overall development. An example of a minor amendment could be the relocation of an easement. A minor amendment authorized by the Zoning Administrator shall be reported, in writing, to the Plan Commission at the next regular meeting of the Plan Commission.

2. Major Amendments. If the Zoning Administrator or County Engineer determines that the proposed modification may adversely impact the purpose or intent of the overall development; or if the proposed modification includes an increase in the number of lots, or intensity of any land use; or if the proposed modification includes the designation of an additional land use, the applicant shall be required to file a new application for primary plat. [Ord. 8-3-20A § 5; Ord. 3-7-16A § 1; Ord. 12-27-11 § 9.15.]

1. Primary Plat. The application for primary plat shall be approved by the Plan Commission prior to submitting a final plat. If the primary plat approval included commitments, those commitments shall be recorded in the office of the Jasper County Recorder.

2. Infrastructure. A subdivision that is the subject of a final plat shall have all of the infrastructure improvements proposed in the primary plat installed to meet Jasper County’s construction standards, or the applicant shall have posted a performance surety for the cost of the infrastructure improvements that complies with JCC 20.70.250, SY-01 – Surety standards.

1. Application. The applicant shall submit a letter stating the status of infrastructure improvements and requesting final plat approval. The original application for primary plat should be on file with the Zoning Administrator.

2. Supporting Information. The following information shall accompany the applicant’s letter requesting final plat approval.

3. Deadline. Six (6) hard copies of the letter requesting final plat approval; six (6) hard copies of all supporting information; one (1) digital copy of the letter requesting final plat and all supporting information in a PDF (portable document format) file; and one (1) digital copy of any drawings in DWG file format shall be filed within two (2) years of the approval of primary plat by the Plan Commission.

4. Fees. Applicable fees shall be paid at the time the request for final plat is filed. Fees shall include reimbursement for any cost borne by the Plan Commission to hire a professional engineer or other technician necessary to subsidize the planning staff’s capabilities for review.

1. Assignment. The Zoning Administrator shall review the letter requesting final plat and all supporting information. Based on the history and the complexity of the project, the Zoning Administrator shall determine if the final plat should be presented to the Plan Commission. Should the Zoning Administrator determine Plan Commission review is necessary, the Zoning Administrator shall assign the final plat a case number and place it on the first available Plan Commission agenda. The Zoning Administrator shall notify the applicant in writing if Plan Commission review is necessary and the date of the meeting, if applicable.

2. Review. The Zoning Administrator shall provide the letter requesting final plat, the supporting information, and a comment sheet to all applicable departments and agencies. Each department shall determine if the infrastructure improvements installed or proposed to be installed meet Jasper County’s construction standards and if the improvements include adequate connection to existing and future systems. If applicable, each department shall also review applicable cost estimates for reasonableness. Each department shall return the comment sheet with any comments or concerns concerning the infrastructure or the project to the Zoning Administrator. If it has been determined that Plan Commission review is required, the Zoning Administrator shall forward the comment sheets to the Plan Commission for review at the meeting.

3. Public Notice. Notice and public hearing shall not be required for final plat.

4. Review and Decision. The Zoning Administrator shall, based on comments from departments, approve, approve with conditions, or deny final plat. In cases where the final plat is being heard by the Plan Commission, the Plan Commission shall review the comments from departments at a regularly scheduled public meeting and approve, approve with conditions, or deny final plat.

1. Applicable Districts. An administrative subdivision of land shall only apply to the following zoning districts:
CO PR A1 A2 A3 A4 R1 R2 VR M1 IS LB GC HC CP I1 I2

2. Applicable Actions.

1. Add a New Driveway Cut. Adding a new driveway cut for actions described in the following sections shall not be permitted:

2. Establish a New or Modify an Existing Easement. Establishing a new or modifying an existing easement as a part of any action shall not be permitted.

3. Utilize the Administrative Subdivision More Than Once. Utilizing the administrative subdivision process more than once for the same parent tract described in the following sections shall not be permitted:

4. Involve Lots in Differing Zoning Districts. All lots involved shall be in the same zoning district.

1. Eligible Applicant. An application for an administrative subdivision shall be initiated by the owner(s) of all applicable lots or the owner’s authorized agent. If an authorized agent files an application, a signed and notarized consent form from the owner(s) shall accompany the application.

2. Removing Unnecessary Driveway Cuts. Under the actions listed in the following sections, pre-existing driveway cut(s) established for the dissolved lots shall be vacated and removed, including the apron within the right-of-way:

1. Application. An application for an administrative subdivision shall be made on forms provided by the Zoning Administrator.

2. Supporting Information. The following supporting information shall accompany a completed application for an administrative subdivision. The Zoning Administrator may waive in writing the submittal of unnecessary information relative to the application.

3. Site Plan. A site plan, drawn to a scale of one (1) inch equals fifty (50) feet (1"=50') or one (1) inch equals 100 feet (1"=100'), that includes the following items:

4. Deadline. Not applicable.

5. Submittal Material. Three (3) hard copies of the application and all supporting information; one (1) digital copy of the application and all supporting information in a PDF (portable document format) file; and one (1) digital copy of scaled drawing of lot lines showing the resulting lots (e.g., modification of lot lines, new lots, combined lots) submitted in a PDF file.

6. Fee. The applicable fee from the Jasper County fee schedule shall be paid at the time the application for an administrative subdivision is filed. An application without the appropriate application fees shall not be considered substantially complete.

1. Review of Material. An application for an administrative subdivision, which is determined to be complete and in proper form by the Zoning Administrator, shall be reviewed by the Zoning Administrator and the County Surveyor for compliance with the Unified Development Code.

2. Decision. The Zoning Administrator shall make a determination as to whether the petition complies with subsection (B)(1) of this section, Applicable Districts, subsection (B)(2) of this section, Applicable Actions, and subsection (D) of this section, Prerequisites, standards; and assuring that subsection (C) of this section, Disqualification, does not apply. If the petition is in compliance, all three (3) copies shall be approved and signed by both reviewers. A signed copy shall be retained for County records and two (2) copies conveyed to the petitioner; one (1) for personal records and one (1) 11" x 17" reduced copy for recording with the Jasper County Recorder’s office.

3. Report to Plan Commission. At the first regularly scheduled Plan Commission meeting after an administrative subdivision approval, the approval shall be reported to the full Plan Commission.

4. Proof of Recording. To officially complete the process the petitioner shall record the plat with the Jasper County Recorder’s office and provide proof to the Zoning Administrator.

5. Failure to Record. If an approved and signed administrative subdivision is not recorded within 120 days from the date of approval and signature, the application and approval shall be deemed void. The Zoning Administrator shall report the failure to record to the Plan Commission at the first regularly scheduled Plan Commission meeting after discovering default occurred; and shall notify the petitioner, and shall clearly note failure to record in the County’s records.

1. Eligible Applicants. Members of the County Commissioners or members of the Plan Commission shall initiate a proposal to amend the text of the Unified Development Code. Persons who wish to propose an amendment to the text of the Unified Development Code and who are not members of the County Commissioners or Plan Commission shall find a sponsor among the County Commissioners or the Plan Commission to introduce the proposal.

1. Application. A proposal for an amendment to the text of the Unified Development Code shall be prepared by the Zoning Administrator upon the direction of either the County Commissioners or the Plan Commission.

2. Deadline. A proposal for an amendment to the text of the Unified Development Code may be filed any time.

1. Assignment. The Zoning Administrator shall assign a case number and place the proposed amendment to the text of the Unified Development Code on the first available Plan Commission agenda.

2. Internal Review. The Zoning Administrator shall be responsible for introducing the proposed amendment to the text of the Unified Development Code to the technical advisory committee and other applicable departments and agencies that may have an interest in the proposed amendment. The Zoning Administrator shall also notify the technical advisory committee and other applicable departments and agencies of the date of the Plan Commission meeting where the proposed amendment to the text of the Unified Development Code will be heard.

3. Public Notice. The following public notice standards apply for a proposal to amend the text of the Unified Development Code.

4. Public Hearing. A public hearing shall be held in accordance with the Plan Commission rules and procedures.

5. Review. In preparing and considering proposals to amend the text of the Unified Development Code, the Plan Commission and the County Commissioners shall pay reasonable regard to:

1. Final Action. The Plan Commission shall certify the amendment to the text of the Unified Development Code and forward the proposal to the County Commissioners with a favorable recommendation, an unfavorable recommendation, or no recommendation.

2. Effective Date.

1. Jurisdiction. Projects within the jurisdictional area of the Plan Commission that are unable to meet the provisions of the Unified Development Code may apply for a variance.

2. Previously Denied Applications. The Zoning Administrator shall refuse to accept an application for a variance that has been denied by the Board of Zoning Appeals within the last twelve (12) months. However, the Zoning Administrator shall have the authority and discretion to determine that an application for a variance containing major changes may justify re-filing within the aforementioned twelve (12) month period.

1. Eligible Applicants. An application for a variance may be filed by the owner, his agent, or any person having a legal or equitable interest in the subject property, but the written authorization of any owner who is not an applicant shall be required.

2. Pre-application Meeting. Prior to submitting an application for a variance, the applicant shall meet with the Zoning Administrator to review the zoning classification of the site, ordinance provisions, the application packet, and the procedure involved.

1. Application. Application for a variance shall be made on a form provided by the Zoning Administrator.

2. Supporting Information.

3. Deadline. An application for a variance shall be filed at least twenty (20) days prior to the public meeting at which it is first to be considered by the Board of Zoning Appeals.

4. Fees. Applicable fees shall be paid at the time the application for a variance is filed. Fees shall include reimbursement for any cost borne by the Plan Commission to hire a professional engineer or other technician necessary to subsidize the planning staff’s capabilities for review.

1. Assignment. An application for a variance, which is determined to be complete and in proper form by the Zoning Administrator, shall be assigned a case number and placed on the first available Board of Zoning Appeals agenda.

2. Internal Review. Upon assignment of a number and hearing date, the Zoning Administrator may ask applicable departments to review and comment on the proposed project. The Zoning Administrator may submit a written report to the Board of Zoning Appeals stating any facts concerning the physical characteristics of the area involved, the surrounding land use, public facilities available to service the area, or other pertinent facts. The written report may also contain opinions of the Zoning Administrator concerning the application for a variance and/or information from other departments that have reviewed the application for a variance. A copy of such report shall be made available to the applicant and all remonstrators.

3. Public Notice. The following public notice standards apply to an application for a variance. All costs associated with providing public notice shall be borne by the applicant.