Leo Cedarville City Zoning Code

PROCESSES, PERMITS

AND FEES

§ 152.290 TYPES OF PETITIONS.

(A) The town hereby requires that an application and filing fee be submitted for the following formal petitions:

(1) Variances (dimensional or use);

(2) Special exceptions;

(3) Improvement location permit and certificate of compliance where required;

(4) Certificate of occupancy;

(5) Subdivision plats/development plans;

(6) Planned developments;

(7) Zoning amendments (zoning map change);

(8) Administrative appeals;

(9) Voluntary annexations; and

(10) Sign permit.

(B) All applications may be obtained through the Zoning Administrator’s office. Fees shall be paid at the Zoning Administrator’s office at the time of submittal before the petition can be placed on the agenda.

(Ord. passed - - ; Ord. 2021-08, passed 10-19-2021)

§ 152.291 PROCESSES PER TYPE OF PETITION.

(A) Variances. The following procedure applies to variance petitions.

(1) Submit a variance application, required information, and application fee 45 days prior to the regularly scheduled Plan Commission meeting.

(2) Plan Commission will review the variance application and required information and make a favorable or unfavorable recommendation to the Board of Zoning Appeals.

(3) BZA will then review the variance application, required information, and opinion of the Plan Commission in a public meeting. The BZA may approve, deny or table the petition. Approvals shall only be granted upon finding of fact that there is a hardship.

(B) Special exceptions. The following procedure applies to special exception petitions.

(1) Submit a special exception application, required information, and application fee 45 days prior to the regularly scheduled Board of Zoning Appeals meeting.

(2) The BZA shall then review the special exception application, required information, testimony of the petitioner, and testimony of the public at their next regularly scheduled public meeting. The BZA may approve, deny, or table the petition.

(C) Non-subdivided site development plans. Submit a non-subdivided site development plan application, required information, and application fee 45 days prior to the regularly scheduled Planning Commission meeting.

(Ord. passed - - ; Ord. 2021-08, passed 10-19-2021)

§ 152.292 IMPROVEMENT LOCATION PERMITS.

(A) Permits required. No building or structure shall be erected, moved, added to, or structurally altered without an improvement location permit and building permit issued by the Zoning Administrator. No improvement location permit or building permit shall be issued by the Zoning Administrator unless the project is in conformity with the provisions of this chapter. The granting of an ILP does not mean that no easement is present. The Zoning Administrator is not responsible for locating easements, property lines, or right-of-way lines, rather the property owner is responsible for determining the existence of easement rights on the subject property along with property lines and/or right-of-way lines.

(B) Application for an improvement location permit.

(1) All applications for improvement location permits shall be accompanied by:

(a) The common address for subject property and parcel number;

(b) A site location map showing context around subject property;

(d) The exact sizes and locations on the lot of buildings already existing, if any;

(e) The location and dimensions of the proposed building or alteration;

(f) Building setback distances from all property lines, and from existing and proposed road right of ways; and

(g) Elevations of all buildings.

(2) The application shall also include such other information as lawfully may be required by the Planning Commission or Zoning Administrator to determine conformance with and provide for the enforcement of this chapter including:

(a) Elevations of the existing or proposed building or alteration;

(b) Detailed description of the existing or proposed uses of the building and land;

(d) Natural, physical or hazardous conditions existing on the lot;

(e) Landscape plan;

(f) Lighting plan; and

(g) Drainage plan.

(3) The Administrator can require written approval from the following:

(a) State Highway Department;

(b) County Highway;

(d) Utilities-Pioneer Water;

(e) Leo-Cedarville Sewer District;

(f) IDEM Approval;

(g) East Allen County Transportation Department;

(h) Approved Certified Engineer;

(i) Leo-Cedarville Storm Water Utility; and

(j) Any other necessary entity.

(4) The approved plans and application materials shall be retained by the Commission or Zoning Administrator.

(1) Initiation of work. If the work described in any improvement location permit has not begun within four months from the date of issuance, said permit shall expire; no written notice shall be given to the persons affected.

(2) The Zoning Administrator shall assign a completion date that will be stated on the face of the ILP permit.

(3) Completion of work. If the work described in any improvement location permit has not been completed by the completion date, said permit shall expire; no written notice of expiration shall be given to the persons affected. Work shall not proceed unless and until a new improvement location permit has been obtained.

(4) The Zoning Administrator may give a one time extension for up to six months for work completion. Requests for extensions must be received within two months of the expiration.

(D) Construction according to permits and permit application. Improvement location permits issued on the basis of plans and applications only authorize the use, arrangement, and construction set forth in such approved plans and applications. Any other use, arrangement, or construction not authorized shall be deemed as a violation of this chapter and subject to an order of removal, mitigation, or penalty fees.

(E) Certificates of compliance (CoC). Any application for an ILP for a primary structure, or an addition to a primary structure shall also require the filing of an application for a certificate of compliance and the fee for the certificate of compliance at the same time as the application for the ILP. The applicant shall also submit a written authorization to allow the Zoning Administrator to enter onto the property of the applicant to inspect the project for purposes of issuing a CoC. At the completion of the project, the Zoning Administrator shall inspect the project and if the project complies with the ILP, the Zoning Administrator shall issue a CoC to the Allen County Building Department.

(Ord. passed - - ; Ord. 2021-08, passed 10-19-2021)

§ 152.293 SCHEDULE OF IMPROVEMENT LOCATION PERMITS.

The town hereby requires that an improvement location permit be obtained for the following:

(A) All residential dwellings;

(B) Other detached accessory buildings: sheds, pole barns, gazebos, fences, as per Leo-Cedarville ordinance;

(D) Temporary structures;

(E) Signs;

(F) Swimming pools;

(G) Alterations, modification, remodeling, or additions (residential and commercial);

(H) Tents (commercial only);

(I) Demolition;

(J) All commercial, industrial, and institutional buildings;

(K) Structures other than buildings (including satellite dish, towers, antennas);

(L) Surface and sub-surface drainage work (including land alteration);

(M) Street cuts;

(N) Curb cuts;

(O) Storm sewer hookups;

(P) Removal of trees and plants within buffer yards or right-of-ways otherwise required by this chapter;

(Q) Placement or moving of manufactured or mobile homes;

(R) Parking lot construction, alteration, or removal;

(S) Ponds or lakes;

(T) Mineral extraction;

(U) Telecommunication facilities; and

(V) Any exterior construction that adds to or alters the height, building materials, existing structure.

(Ord. passed - - )

§ 152.294 CERTIFICATE OF OCCUPANCY.

It shall hereby be declared unlawful and in violation of the provisions of this chapter for any builder or property owner to allow any new or significantly remodeled structure to become occupied or utilized prior to:

(A) Legally obtaining an improvement location permit;

(B) A certificate of compliance being issued by the Zoning Administrator to the Allen County Building Department; and

(Ord. passed - - ; Ord. 2021-08, passed 10-19-2021)

§ 152.295 SCHEDULE OF FEES.

(A) Until all applicable fees, charges, and expenses have been paid in full, no final action shall be taken on any permit application, appeal, or petition.

(B) Any person or persons who shall initiate construction of a structure prior to obtaining an improvement location permit or any other required permit shall pay three times the amount of the normal permit fee.

(Ord. passed - - )

Cross-reference:

Fee Schedule for Planning Services, see Appendix A following this chapter

Leo Cedarville City Zoning Code

PROCESSES, PERMITS

AND FEES

§ 152.290 TYPES OF PETITIONS.

(A) The town hereby requires that an application and filing fee be submitted for the following formal petitions:

(1) Variances (dimensional or use);

(2) Special exceptions;

(3) Improvement location permit and certificate of compliance where required;

(4) Certificate of occupancy;

(5) Subdivision plats/development plans;

(6) Planned developments;

(7) Zoning amendments (zoning map change);

(8) Administrative appeals;

(9) Voluntary annexations; and

(10) Sign permit.

(Ord. passed - - ; Ord. 2021-08, passed 10-19-2021)

§ 152.291 PROCESSES PER TYPE OF PETITION.

(A) Variances. The following procedure applies to variance petitions.

(1) Submit a variance application, required information, and application fee 45 days prior to the regularly scheduled Plan Commission meeting.

(2) Plan Commission will review the variance application and required information and make a favorable or unfavorable recommendation to the Board of Zoning Appeals.

(B) Special exceptions. The following procedure applies to special exception petitions.

(1) Submit a special exception application, required information, and application fee 45 days prior to the regularly scheduled Board of Zoning Appeals meeting.

(Ord. passed - - ; Ord. 2021-08, passed 10-19-2021)

§ 152.292 IMPROVEMENT LOCATION PERMITS.

(B) Application for an improvement location permit.

(1) All applications for improvement location permits shall be accompanied by:

(a) The common address for subject property and parcel number;

(b) A site location map showing context around subject property;

(d) The exact sizes and locations on the lot of buildings already existing, if any;

(e) The location and dimensions of the proposed building or alteration;

(f) Building setback distances from all property lines, and from existing and proposed road right of ways; and

(g) Elevations of all buildings.

(a) Elevations of the existing or proposed building or alteration;

(b) Detailed description of the existing or proposed uses of the building and land;

(d) Natural, physical or hazardous conditions existing on the lot;

(e) Landscape plan;

(f) Lighting plan; and

(g) Drainage plan.

(3) The Administrator can require written approval from the following:

(a) State Highway Department;

(b) County Highway;

(d) Utilities-Pioneer Water;

(e) Leo-Cedarville Sewer District;

(f) IDEM Approval;

(g) East Allen County Transportation Department;

(h) Approved Certified Engineer;

(i) Leo-Cedarville Storm Water Utility; and

(j) Any other necessary entity.

(4) The approved plans and application materials shall be retained by the Commission or Zoning Administrator.

(2) The Zoning Administrator shall assign a completion date that will be stated on the face of the ILP permit.

(4) The Zoning Administrator may give a one time extension for up to six months for work completion. Requests for extensions must be received within two months of the expiration.

(Ord. passed - - ; Ord. 2021-08, passed 10-19-2021)

§ 152.293 SCHEDULE OF IMPROVEMENT LOCATION PERMITS.

The town hereby requires that an improvement location permit be obtained for the following:

(A) All residential dwellings;

(B) Other detached accessory buildings: sheds, pole barns, gazebos, fences, as per Leo-Cedarville ordinance;

(D) Temporary structures;

(E) Signs;

(F) Swimming pools;

(G) Alterations, modification, remodeling, or additions (residential and commercial);

(H) Tents (commercial only);

(I) Demolition;

(J) All commercial, industrial, and institutional buildings;

(K) Structures other than buildings (including satellite dish, towers, antennas);

(L) Surface and sub-surface drainage work (including land alteration);

(M) Street cuts;

(N) Curb cuts;

(O) Storm sewer hookups;

(P) Removal of trees and plants within buffer yards or right-of-ways otherwise required by this chapter;

(Q) Placement or moving of manufactured or mobile homes;

(R) Parking lot construction, alteration, or removal;

(S) Ponds or lakes;

(T) Mineral extraction;

(U) Telecommunication facilities; and

(V) Any exterior construction that adds to or alters the height, building materials, existing structure.

(Ord. passed - - )

§ 152.294 CERTIFICATE OF OCCUPANCY.

(A) Legally obtaining an improvement location permit;

(B) A certificate of compliance being issued by the Zoning Administrator to the Allen County Building Department; and

(Ord. passed - - ; Ord. 2021-08, passed 10-19-2021)

§ 152.295 SCHEDULE OF FEES.

(A) Until all applicable fees, charges, and expenses have been paid in full, no final action shall be taken on any permit application, appeal, or petition.

(Ord. passed - - )

Cross-reference:

Fee Schedule for Planning Services, see Appendix A following this chapter

Leo Cedarville City Zoning Code

PROCESSES, PERMITS

AND FEES

§ 152.290 TYPES OF PETITIONS.

(A) The town hereby requires that an application and filing fee be submitted for the following formal petitions:

(1) Variances (dimensional or use);

(2) Special exceptions;

(3) Improvement location permit and certificate of compliance where required;

(4) Certificate of occupancy;

(5) Subdivision plats/development plans;

(6) Planned developments;

(7) Zoning amendments (zoning map change);

(8) Administrative appeals;

(9) Voluntary annexations; and

(10) Sign permit.

(Ord. passed - - ; Ord. 2021-08, passed 10-19-2021)

§ 152.291 PROCESSES PER TYPE OF PETITION.

(A) Variances. The following procedure applies to variance petitions.

(1) Submit a variance application, required information, and application fee 45 days prior to the regularly scheduled Plan Commission meeting.

(2) Plan Commission will review the variance application and required information and make a favorable or unfavorable recommendation to the Board of Zoning Appeals.

(B) Special exceptions. The following procedure applies to special exception petitions.

(1) Submit a special exception application, required information, and application fee 45 days prior to the regularly scheduled Board of Zoning Appeals meeting.

(Ord. passed - - ; Ord. 2021-08, passed 10-19-2021)

§ 152.292 IMPROVEMENT LOCATION PERMITS.

(B) Application for an improvement location permit.

(1) All applications for improvement location permits shall be accompanied by:

(a) The common address for subject property and parcel number;

(b) A site location map showing context around subject property;

(d) The exact sizes and locations on the lot of buildings already existing, if any;

(e) The location and dimensions of the proposed building or alteration;

(f) Building setback distances from all property lines, and from existing and proposed road right of ways; and

(g) Elevations of all buildings.

(a) Elevations of the existing or proposed building or alteration;

(b) Detailed description of the existing or proposed uses of the building and land;

(d) Natural, physical or hazardous conditions existing on the lot;

(e) Landscape plan;

(f) Lighting plan; and

(g) Drainage plan.

(3) The Administrator can require written approval from the following:

(a) State Highway Department;

(b) County Highway;

(d) Utilities-Pioneer Water;

(e) Leo-Cedarville Sewer District;

(f) IDEM Approval;

(g) East Allen County Transportation Department;

(h) Approved Certified Engineer;

(i) Leo-Cedarville Storm Water Utility; and

(j) Any other necessary entity.

(4) The approved plans and application materials shall be retained by the Commission or Zoning Administrator.

(2) The Zoning Administrator shall assign a completion date that will be stated on the face of the ILP permit.

(4) The Zoning Administrator may give a one time extension for up to six months for work completion. Requests for extensions must be received within two months of the expiration.

(Ord. passed - - ; Ord. 2021-08, passed 10-19-2021)

§ 152.293 SCHEDULE OF IMPROVEMENT LOCATION PERMITS.

The town hereby requires that an improvement location permit be obtained for the following:

(A) All residential dwellings;

(B) Other detached accessory buildings: sheds, pole barns, gazebos, fences, as per Leo-Cedarville ordinance;

(D) Temporary structures;

(E) Signs;

(F) Swimming pools;

(G) Alterations, modification, remodeling, or additions (residential and commercial);

(H) Tents (commercial only);

(I) Demolition;

(J) All commercial, industrial, and institutional buildings;

(K) Structures other than buildings (including satellite dish, towers, antennas);

(L) Surface and sub-surface drainage work (including land alteration);

(M) Street cuts;

(N) Curb cuts;

(O) Storm sewer hookups;

(P) Removal of trees and plants within buffer yards or right-of-ways otherwise required by this chapter;

(Q) Placement or moving of manufactured or mobile homes;

(R) Parking lot construction, alteration, or removal;

(S) Ponds or lakes;

(T) Mineral extraction;

(U) Telecommunication facilities; and

(V) Any exterior construction that adds to or alters the height, building materials, existing structure.

(Ord. passed - - )

§ 152.294 CERTIFICATE OF OCCUPANCY.

(A) Legally obtaining an improvement location permit;

(B) A certificate of compliance being issued by the Zoning Administrator to the Allen County Building Department; and

(Ord. passed - - ; Ord. 2021-08, passed 10-19-2021)

§ 152.295 SCHEDULE OF FEES.

(A) Until all applicable fees, charges, and expenses have been paid in full, no final action shall be taken on any permit application, appeal, or petition.

(Ord. passed - - )

Cross-reference:

Fee Schedule for Planning Services, see Appendix A following this chapter