All amendments to this ordinance shall be in conformance with relevant provisions of IC 36-7-4-600 et seq., as now or hereafter amended.

If any title, article, section, clause, paragraph, provision, or portion of this ordinance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other title, article, section, clause, paragraph, provision, or portion of this ordinance.

A.

It shall be the duty of the plan director to enforce this ordinance and receive applications required by this ordinance, issue permits, and furnish the prescribed certificates. Shall examine premises for which permits have been issued and shall make necessary inspections to see that the provisions of law are complied with. Shall enforce all laws relating to the construction, alteration, repair, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, except as may be otherwise provided for. Shall, when requested by the board of commissioners or when the interests of the county so require, make investigations in connection with matters referred to in this ordinance and render written reports on the same. For the purpose of enforcing compliance with law, shall issue such notices or orders as may be necessary and submit an annual report of the activities of the office to the plan commission, advisory board of zoning appeals and county commissioners.

B.

The plan director shall keep careful and comprehensive records of applications, of permits issued, of certificates issued, or inspections made, or reports rendered, and of notices or orders issued. Copies of all papers in connection with building work may be provided electronically.

A.

Application and approval of permits.

i.

Any person, who shall make application for an improvement location permit and/or building permit, shall, at the time of making such application furnish a site plan or development plan of the real estate upon which said application for improvement location and/or building permit is made at least five days prior to the issuance of said permit(s), which five-day period may be waived. Said site plan shall be drawn to scale and show items required of a site plan under this ordinance.

ii.

An application for an improvement location and/or building permit for any manufacturing use subject to the provisions of this ordinance shall be accompanied by a "certificate of compliance" subscribed by a registered professional engineer or architect, certifying that the use intended will satisfy the performance standards of manufacturing uses in the district in which it is to be located. The plan director may take five business days in which to study the application, during which time they may consult with appropriate technical consultants. If, after the ten-day period, the plan director has not required any additional information or stated any objections in writing, the plan director shall issue the improvement location permit/building permit.

iii.

Site plans so furnished shall become a permanent public record.

iv.

An applicant for an improvement location and/or building permit must also file for site plan review and approval, and the plan director, zoning administrator, or an authorized designee, shall consider and evaluate such application and associated site plan, and thereupon render his decision in writing, which decision shall consist of either:

a.

Approval of the site plan based upon the determination that the proposed plan will constitute a suitable development and is in compliance with the general standards and design standards as specified;

b.

Disapproval of the site plan based upon the determination that the proposed project does not meet either the general standards or design standards set forth; or

c.

Approval of the site plan subject to any conditions, modifications and restrictions as required by the plan director which will ensure that the project meets the general standards and design standards set forth.

v.

No improvement location permit, building permit or certificate of occupancy can be issued by the plan director until the site plan submitted by the applicant shall have first been approved as being consistent with those standards specified.

vi.

The plan director shall issue an improvement location permit and/or building permit for a special use only following receipt of notice from the board that the application therefor has been approved by the board.

B.

Certificate of occupancy.

i.

No land shall be occupied or used and no building hereafter erected, reconstructed, or structurally altered shall be occupied or used, in whole or in part, for any purpose whatsoever, until a certificate of occupancy shall have been issued stating that the building and use comply with all the provisions of this ordinance applicable to the building or premises of the use in the district in which it is to be located.

ii.

When the improvement covered by the improvement location permit and/or building permit has been completed in conformity with the site plan or development plan submitted in the application pursuant to paragraph a of this section [art. 18, B, section 1, paragraph a], a certificate of occupancy shall then be issued.

iii.

No change shall be made in the use of land (except to an agricultural use) or in the use of any building or part thereof, now, or hereafter erected, reconstructed, or structurally altered, without a certificate of occupancy having been issued and no such certificate shall be issued to make such change unless it is in conformity with the provisions of this ordinance.

iv.

A certificate of occupancy shall be applied for coincidentally with the application for a building permit and shall be issued within ten days after the lawful erection, reconstruction, or structural alteration of such building or other improvement of the land shall have been completed.

v.

A record of all certificates of occupancy shall be kept on file in the office of the plan director and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building or land affected.

vi.

No building permit shall be issued for excavation for or the erection, reconstruction, or structural alteration of any building, before application has been made for a certificate of occupancy.

C.

Improvement location permit.

i.

An application for an improvement location permit and/or building permit for any use shall not be approved until it has been ascertained by the plan director that the proposed use will meet the minimum standards for sewage disposal and water as required by the health officer, who is any officer of authority, Hamilton County Health Department, and State Department of Health, and as may be required by ordinances of Hamilton County, Indiana.

ii.

No certificate of occupancy shall be issued for a commercial or manufacturing structure or for any other applicable use until the plans for such structure shall have been approved by the administrative building commission of the State of Indiana and any other appropriate state agency including the state fire marshal.

iii.

No improvement location permit shall be issued unless the lot for which the improvement location permit is sought is located on a public way.

iv.

No improvement location permit, building permit or certificate of occupancy shall be issued until the appropriate fees have been paid to the planning office in accordance with those established in this ordinance.

v.

Improvement location permits and building permits shall expire six months after date of issuance if construction has not commenced. Primary structures must be completed within 18 months and accessory structures must be completed within 9 months. One extension for 12 months may be granted by the plan director upon presentation of reasonable justification for such an extension. This provision does not apply to special uses as otherwise provided.

vi.

When a developer of any commercial land or facility for any reason will be constructing or developing the site or facility with major changes from the final plans approved by the plan commission, then such developer shall notify and send to the plan director information outlining and supporting such changes. It shall be the discretion of the plan director to approve or disapprove such changes and to determine whether further action or concurrence should be received by the plan commission or advisory board of zoning appeals and to determine whether any additional building improvement fees are due the county or to be refunded to developer. Any such changes so approved by the plan director, or by the plan commission, or advisory board of zoning appeals, shall be deemed approved amendments of such final plans originally approved by the plan commission.

D.

Filing of fees. Applications and petitions filed pursuant to the provisions of this ordinance shall be accompanied by the filing fees specified in a stand-alone ordinance .

A.

Abrogation and greater restrictions. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

B.

Interpretation. In the interpretation and application of this ordinance all provisions shall be:

i.

Considered as minimum requirements

ii.

Liberally construed in favor of the governing body; and

iii.

Deemed neither to limit nor repeal any other powers granted under state statutes.

C.

Warning and disclaimer of liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods can and will occur on rare occasions. Therefore, this ordinance does not create any liability on the part of Hamilton County, the Indiana Department of Natural Resources, or the State of Indiana, for any flood damage that results from reliance on this ordinance, or any administrative decision made lawfully thereunder.