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Michigan City Zoning Code

ARTICLE 23

- IMPROVEMENT LOCATION PERMITS, SITE PLANS, BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY

Section 23.01 - General Requirements

No permit pertaining to the use of land or permits as required by building codes for the erection, enlargement, or structural alteration of a building or structure shall be issued by an officer, department, or employee of the county or city unless the applications for the permits have been examined by the enforcement official, indicating that the applications comply with the provisions of this chapter. Any certificate or occupancy certificate issued for applications that are in conflict with the provisions of this chapter shall be null and void.

Section 23.02 - Improvement Location Permits

(a)

An improvement location permit shall be obtained for any of the following actions. This provision is applicable to any structure, including accessory structures, whose ground floor area exceeds 144 square feet, or any additions to existing structures where the change will enlarge the ground floor area of the structure, regardless of the size of the addition. However, it does not apply to any interior alterations, other than a change of use, or any exterior change which does not alter the ground floor area of a structure.

Table 23.02
Required Permit Types

Activity/Use Improvement
Location Permit
Agricultural buildings or structures Sketch plan
Single family detached and two family dwellings Sketch plan
Multiple family dwellings Site plan
Non residential building Site plan
Mixed-use building or development Master Development Plan
Establishment of a new special exception use (see Article 17) Site plan
Planned Unit Development (see Article 25) Site plan
Private road Site plan
Construction solely on the building interior that does not increase usable floor area Exempt
Cosmetic (non-structural) changes to any structure including the replacement of windows in existing openings, re-roofing, the installation of siding material, and repainting Exempt
Wireless communication facility Site plan
Change in use to an existing building to a similar or less intensive use, as determined by the enforcement official based upon the classification of uses in the district Exempt
Change in use to an existing building to a more intensive use, as determined by the enforcement official Sketch plan
Temporary uses, buildings, structures, and seasonal events Sketch plan
Temporary storage/accessory structures Sketch plan
Accessory commercial or industrial outdoor storage Site plan
New parking lot/loading area or change in driveway access for a non-residential use Site plan
Expanding an existing parking lot or paving an existing gravel parking lot Site plan
Resurfacing of existing parking lot without increasing number of spaces Exempt
Residential driveways and sidewalks that are located entirely on private property Sketch plan
Construction, relocation or erection of signs, retaining walls, fences, walls, waste receptacle, sidewalks, antennas, lights, poles, cooling/heating or other mechanical equipment for any nonresidential use Sketch plan
All fences (landscaping, privacy or security) and all retaining walls except on farms and lots in the Agricultural District Sketch plan
Residential TV towers, satellite dishes, and other similar structures Exempt
Modifications to comply with accessibility requirements Exempt
Mineral extraction Site plan
Alteration of the existing grade in excess of two (2) feet relative to the grade at the property lines of adjoining property owners in Subdivisions, and/or in R-1, R-2, R-3, LR, MH Zoning Districts Sketch plan
Private ponds Sketch plan
All uses on the La Porte and Michigan City airport properties Exempt See Article 11

 

Section 23.03 - Site Plan/Sketch Plan/Master Development Plan Requirements

The application for an improvement location permit shall be accompanied by the following:

(a)

A description of the proposed development and legal description of the property site.

(b)

A dimensioned site plan, sketch plan, or master development plan drawn to scale showing existing and proposed structure locations and existing and proposed land grades. Engineered site plans must include all of the information listed below. Sketch plans shall include the information noted with an "x;" provided the level of detail is sufficient to demonstrate compliance with this ordinance.

A Master Development Plan provides a site layout for property developed within the Mixed Use (MU) district, which is a first step toward development approval. It is to provide the applicant an opportunity to submit a master plan showing the nature and character of land proposed for development. This plan will be of sufficient detail to assure quality development but done so in a manner that is more efficient than that required of a Planned Unit Development (PUD).

Submittal, review, and approval of a master development plan is a prerequisite for submission of any other plan or permit approval for a mixed-use development. The contents of submittal are set out in Table 23.03, Required Plan Contents.

The Master Development Plan is the basis for approval of individual site plans and preliminary and final plats, as well as to gain approval or conditional approval through the public hearing process. Once the master plan is approved, all subsequent plans and permits must clearly demonstrate consistency and conformance with the adopted plan otherwise requiring either minor or major modifications to the plan.

Table 23.03
Required Plan Contents

Site Plan/Sketch Plan/Master Development Plan Information Sketch
Plan 		Site
Plan 		Master
Development
Plan
Name, address and seal of professional engineer, architect, landscape architect, or land surveyor who prepared the site plan, along with the applicant, owner, or other representative X X X
A title report by an abstracting or title insurance company, or an attorney's opinion of title, showing the name(s) of the landowner(s) and all other persons who have an interest in or an encumbrance on the platted land. The consent of all such persons shall be shown on the plat. X
Evidence showing that all taxes and any special assessments due and payable have been paid in full. In the case of taxes which have been protested as provided by law, monies or other sufficient escrows guaranteeing the payment of such taxes in the event the protest is not upheld shall be placed on deposit with such officials or bodies to meet this requirement. X
Proposed name of the development X X X
The address of the parcel or its general proximity relative to streets or other fixed improvements X X X
Photographs of existing site conditions, including building and parking areas, accessory buildings or structures, pervious and impervious areas, on-site vegetation, means of ingress/egress, pedestrian improvements, and other relevant site improvements X X X
Written statement describing the proposed development and its conformance with the comprehensive plan and other plans - - X
Property survey showing footprints of existing structures and utilities X X
Land areas within the 100-year floodplain including the floodplain line with elevations X
Contours of existing grades at intervals not more than five feet. Intervals less than five feet may be required dependent on the character of the topography. X
Property boundaries, including bearings and dimensions, as well as subdivided lots, parcels, or tracts within the property X X X
The names of all adjacent subdivisions or, in the case of unplatted land, the names of the landowners of adjacent property X
Reference ties to previous surveys or plats as follows:
• Distance and direction to the monuments used to locate the land described in the certificate of survey
• The location of all other monuments required to be installed by the provisions of these regulations 		X
Net lot area (exclusive of any road right-of-way, preserved and dedicated open space or landscape surface area, or submerged land) X X X
Drawing scale and a north arrow X X X
Site location map showing the subject property, adjacent streets, and the nearest intersections — X X
Existing land use and zoning of the site and adjacent land within 500 feet of the site X X X
Rights-of-way (with street name and classifications labeled) and easement types, widths, and locations X X
Drainage courses, floodplains, lakes, ponds, streams and wetlands X X X
Natural features such as sand dunes, rock outcroppings, marshes, lakes, wooded areas and isolated trees for preservation X
Required building setbacks and front, interior, street side, and rear yards X X X
Sufficient dimensions to indicate relationship between buildings, property lines, intersections, easements, parking areas and other elements of the development plan X
Adjacent buildings, structures, signs, and pavement within 100 feet of site, including buildings and decks on adjacent waterfront lots X X X
All existing and proposed structures or other site improvement with the dimensions of such improvements X X
Height(s) of all buildings, structures, and signs X X
Distances from all proposed buildings or structures to the property lines X X
Location of any existing or proposed septic field or other onsite wastewater treatment system X X
Well sites X X
Utility information including water mains, water service leads, fire hydrants, storm drainage lines, and sewer lines — X
Location(s) and dimensions of any existing or proposed driveways and/or parking and loading areas X X X
Parking space dimensions, number of required and provided parking spaces, driving aisle widths, pavement materials, and island and curb locations — X
Driveway number, widths, intersection radii, pavement materials, curb locations, acceleration lanes, deceleration tapers, and distances to the nearest drives on the same and opposite sides of the street — X
Location of any drive-through or drive-in facilities, including the number(s) and dimension(s) of vehicle stacking spaces and point of service — X
Location of any loading areas and docks — X X
Sidewalks (public and private) including construction and accessible ramp details — X
Landscaping, with plant materials labeled according to size at plantings (diameter at breast height for trees) and species — X
Permanent or occasional outdoor storage, sales, and/or display and the number(s) and dimension(s) of such areas, as well as their percentages of building and site areas X X
Fence or wall materials, heights, and locations, as well as structural condition and status of maintenance X X
Photometric plan and detailed specifications for all exterior lighting, including locations, heights, candle power, and types of fixtures for buildings and parking lots. — X
Waste containers and details demonstrating how they are to be enclosed and screened from public view X X
Location, type, and dimensions of any stormwater structures, stormwater landscaping, conduits, or detention/retention ponds that are located on, cross, or adjoin the subject property — X X
General grades on-site sufficient to determine positive drainage X X X
Flood hazard areas, including the finished floor elevation(s), base flood elevation(s), and flood protection grade(s) for all structures X X X
Schematic land plan drawn at a range of scale from 10 feet to an inch to 100 feet to an inch of the proposed development plan showing, at a minimum:
•The general placement and heights of residential, commercial, industrial, public and institutional, mixed use, and other buildings and land uses;
•An approximate layout of street rights-of-way, their proposed roadway designations, and alignment with existing streets;
•Land parcels to be dedicated for any purpose, public or private, as distinguished from lots or tracts intended for sale;
•General plans for transitioning uses and development types, particularly for the existing, adjoining developments, as applicable;
•Principal materials of construction; and
•Site features to be preserved or integrated into the development. 		X
Tabulation of the following information which may be expressed in ranges, if applicable:
•Total number of dwelling units proposed;
•The general categories of land use categorized to include, but not be limited to:
  - Residential uses by type of structure;
  - Commercial and office uses;
  - Light industrial uses;
  - Public or institutional uses;
  - Public (common) and private open space; and
  - Streets.
•The general categories of land use and their percentages of the total site area. 		X
A general description of any building or structure proposed to be constructed, erected or structurally altered X
If required, building elevations shall:
•Be in color and drawn to a standard architectural scale. Include dimensions sufficient to determine relationship between various elements, building height, proportion, adequate screening of mechanical equipment, etc.;
•Depict the architectural style, size, exterior construction materials, and colors of the proposed buildings;
•Depict the elevations of all sides of proposed buildings including notation indicating building materials to be used on exteriors and roofs;
•Depict the size, location, color and materials of all signs to be attached to building exteriors, unless the site is subject to an approved master sign plan; AND
•Depict the location, size and materials to be used in all screening of rooftop mechanical equipment. 		X
Approximate height, bulk and shape, gross and net square footage of proposed buildings and structures X
Proposed location of buildings and other structures, parking areas, driveways, walks, noise generating sources (refrigeration units, mechanical equipment, loading docks, etc.) screening, landscaping and proposed utility connection layouts for water and sewer all of which shall conform to the provisions for stormwater management as set out in Chapter 46, Article IX of the Michigan City, Indiana Code of Ordinances X
A copy of any applicable covenants or deed restrictions applicable to the property. The restrictions may appear on the face of a plat or site plan or may be submitted separately. X

 

(c)

All plans shall be based on an accurate survey prepared by a licensed land surveyor. The requirement for a survey may be waived on agricultural parcels greater than two acres where all buildings will be setback from all lot lines at least five feet more than the minimum required setback.

(d)

A driveway permit from the applicable state, county or city highway engineer.

(e)

A well and septic permit or letter of nonobjection from the county health department.

(f)

A letter of approval from the Michigan City Sanitary District relative to the drainage and stormwater plans and setbacks from legal drains.

(g)

A letter of air space approval, if so applicable.

(Ord. No. 4500, §§ 5.44.—5.47., 2-5-2019; Ord. No. 4770, § 2(Exh. B, A.16—18), 8-4-2025)

Section 23.04 - Improvement Location Permits Review

(a)

Upon receipt of an application for an improvement location permit and site plan/sketch plan, it shall be reviewed by all applicable departments, including planning, engineering, fire, water and sewer, as applicable or site plan review committee. The departments shall provide their recommendations to the enforcement official as to whether the application complies with this ordinance, other ordinances and other applicable building, and engineering standards. Based upon department reviews the enforcement official shall determine if the site plan/sketch plan complies with the requirements of this ordinance and Chapter 46, Article IX of the Michigan City, Indiana Code of Ordinances.

(b)

If the application for an improvement location permit is approved, the applicant shall post the permit in a conspicuous location on the site of a new, or altered building or structure, or an addition, or a building or structure moved from another location.

(c)

All necessary building permits required by the Building Code shall be obtained prior to commencing construction.

(d)

All improvement location permits shall be valid for 24 months from the date of issuance, and any structure or change in the use of land must be completed prior to the expiration of the permit.

(e)

Buildings shall be completed for issuance of an occupancy certificate within one year from the initiation of construction, or a building permit extension must be obtained.

(Ord. No. 4770, § 2(Exh. B, A.19), 8-4-2025)

Section 23.05 - Occupancy Certificate

(a)

Any land, vacant on the effective date of this chapter, and any building, structure, or addition or major alteration thereto, constructed after the effective date of this chapter shall not be used or occupied until an occupancy certificate has been issued by the building administrator and enforcement official. No new use shall be made of any land, building, or structure until an occupancy certificate has been issued.

(b)

Every application for a building permit shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new use of land or existing building or structure where no building permit is required shall be made to the enforcement official.

(c)

Time of issuance.

(1)

An occupancy certificate shall be issued only after the enforcement official has inspected the premises and finds:

a.

The premises to be in compliance with all applicable regulations of the zoning district in which it is located; and

b.

That the use or building or structure is in conformance with the plans and specifications for which the building permit was issued.

(2)

The enforcement official may issue only one temporary occupancy certificate for each application for a building permit as follows:

a.

For a period not to exceed six months from the date of its issuance, and with provisions, if required, for an extension of not more than a total of three additional months;

b.

That the portion of the land, building, or structure for which the temporary occupancy certificate is issued has been completed and meets the requirements as set forth above, and the remaining portion of the land, building, or structure is in the process of completion.

(3)

Every occupancy certificate shall be dated, shall state that the use or occupancy complies with the provisions of this chapter and shall be signed by the enforcement official.

(4)

The occupancy certificate shall be issued, or written notice shall be given to the applicant specifying the reasons why a temporary or permanent certificate cannot be issued, not later than 14 days after the enforcement official is notified in writing that the building or premises are ready for occupancy.

Section 23.06 - Records

A record of each improvement location permit and each occupancy certificate shall be kept by the enforcement official. Upon request, a copy shall be furnished to any person having proprietary or possessory interest in the premises concerned.

Section 23.07 - Performance Guarantees

(a)

Where required by this ordinance or as a condition of approval for a permit under this ordinance, a guarantee in a form acceptable to the county or city, such as a bond, cash deposit, certified check or irrevocable bank letter of credit shall be provided.

(b)

In instances where all required improvements are not completed, and a temporary certificate of occupancy is requested, the estimated cost of completing the improvements shall be provided in the form of a guarantee acceptable to the county or city, such as a bond, cash deposit, certified check or irrevocable bank letter of credit.

(c)

The guarantee shall include a schedule of costs assigned to the different improvements. Monies may be released to the applicant in proportion to work completed on the different elements after inspection of work and approval of the enforcement official. Any partial release of funds shall not reduce the amount of the remaining guarantee to less than ten percent of the original amount, which shall be retained by the county or city until all work has been completed and subsequently inspected and approved by the enforcement official.