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Spencer County Unincorporated
City Zoning Code

ADMINISTRATION AND

ENFORCEMENT

§ 157.150 IMPROVEMENT LOCATION PERMITS.

   No building or structure, except buildings incidental to agricultural operations, shall be erected, reconstructed, enlarged or moved, nor shall any other development commence or change in land use occur until an improvement location permit shall have been applied for in writing and issued by the Zoning Administrator. A fee according to the approval fee schedule, shall be paid when making application for an improvement location permit. Said permit shall be posted in a prominent place on the premises prior to and during the period of erection, reconstruction, enlargement or moving. Before a permit is issued for the erection, moving, alteration. enlargement or occupancy of any building or structure or use of premises, the plans and intended use shall indicate conformity in all respects to the provisions of this chapter.
   (A)   No improvement location permit shall be issued prior to approval of any necessary onsite waste disposal system by the Spencer County Board of Health. The applicant shall be required to present this approval to the Zoning Administrator upon application for the improvement location permit.
   (B)   No mobile home shall be placed in the F2, FW or FF Zone, either on an individual private building lot, or upon a lot or space in an existing or new mobile home park, until an improvement location permit shall have been applied for in writing and issued by the Zoning Administrator.
   (C)   Site plan. Every application for an improvement location permit submitted to the Zoning Administrator shall be accompanied by a site plan, drawn to scale, showing the lot and the building site and the location of existing buildings on the lot, accurate dimensions of the lot, yards and building or buildings, together with locations, size and use of any land and all buildings not only on the lot but within 50 feet from the boundaries thereof, unless separated there from by a street, together with such other information as may be necessary to the enforcement of this chapter.
   (D)   Interpretation of chapter. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of health, safety, morals, convenience or the general welfare. The lot or yard areas required by this chapter for a particular building shall not be diminished (other than by the Board of Zoning Appeals), and shall not be included as part of the required lot or yard areas of any other building. The lot or yard areas of buildings existing at the time this chapter became effective shall not be diminished below the requirements herein provided for buildings hereafter erected and such required areas shall not be included as a part of the required areas of any building hereafter erected.
   (E)   Completion of existing buildings. Nothing in this chapter shall require any change in the plans, construction or intended use of a building, the construction of which has been diligently prosecuted, at least two years from the date this chapter became effective. Nothing herein shall prevent the reconstruction of a wall or other structural part of a building declared unsafe by the State Fire Marshal or the Administrative Building Council of the State of Indiana.
   (F)   No improvement location permit for erection of any building shall be issued before application has been made for a certificate of occupancy. The improvement location permit may be revoked by the Zoning Administrator if the work contemplated is not in progress within 90 days of the date of the permit.
(Ord. passed 3-14-2000; Ord. 2017-04, passed 8-1-2017)

§ 157.151 ENFORCEMENT.

   (A)   It shall be the duty of the Zoning Administrator to enforce the provisions of this chapter in the manner and form and with the powers provided in the laws of the State of Indiana and in the ordinances of the county.
   (B)   All departments, officials, and public employees of the county which are vested with the duty of authority to issue permits shall conform to the provisions of this chapter and shall issue no permit for any use, building or purpose if the same would be in conflict with the provisions of this chapter.
   (C)   Any permit issued in conflict with the provisions of this chapter shall be null and void.
(Ord. passed 3-14-2000)