Zionsville City Zoning Code

DEVELOPMENT REVIEW

PROCEDURES

§ 194.215 REQUIRED PERMITS AND APPROVALS.

The development review procedures for the town are intended to provide for the protection of the public health, safety, morals and general welfare of the residential and business citizens of the town by providing for the thorough review of all permit applications and development petitions so that informed decisions regarding such permit applications and development petitions may be rendered while balancing the needs of the development community for the timely review of those permit applications and development petitions.

(Ord. 2000-16, passed 8-28-2000, § 9.1; Ord. 2013-12, passed 10-7-2013)

§ 194.216 IMPROVEMENT LOCATION PERMITS.

(A) Improvement location permit required. In order to ensure that the provisions of this chapter relative to: how real property is developed, maintained and used; the requirements for site conditions, such as ponds, fills, landscaping and utilities; provisions for the treatment of uses, structures or conditions that are in existence; and restrictions on development in areas prone to flooding; any building, structure, improvement, sign, use of land or clearance of land may be altered, changed, placed, erected, located or allowed unless the building, structure, improvement, sign, use of land or clearance of land and its location conform to the provisions of this chapter and an improvement location permit for the alteration, change, placement, erection or location of such building, structure, improvement, sign, use of land or clearance of land has been issued an improvement location permit for the clearance of land shall not be issued until primary plat approval (for land located in the R-SF-1, R-SF-2, R-SF-3 and R-V Districts) or development plan approval (for land located in any district, except the O-1 District), has been obtained from the Plan Commission for the applicable land.

(B) Duration of improvement location permit.

(1) An improvement location permit shall be valid for the longer of:

(a) One year after date of issuance; or

(b) The length of any required building permit, if such building permit is obtained for the building, structure, improvement or sign covered by the improvement location permit within one year after the date of issuance of the improvement location permit.

(2) The Building Commissioner shall have the power to extend the period of validity of any improvement location permit one or more times; provided, however, the total time period of all extension(s) shall not exceed six months.

(1) Improvement location permits for single-family and two-family dwellings and related accessory buildings or structures. The staff may take up to five business days to study an application for an improvement location permit. During such five business day period, the staff may consult with other appropriate technical consultants. If, after such five-day period, the staff has not requested any additional information or stated any objections in writing to the applicant, and the proposed building, structure or improvement, and the proposed use conform in all respects to the provisions of this chapter, the staff shall issue the improvement location permit. Improvement location permits for all: multi-family, commercial, industrial or special exception buildings, structures, improvements or uses; signs; and accessory buildings, structures or improvements related to multi-family, commercial, industrial or special exception uses. The staff may take an additional ten business days, beyond the review period specified above, in which to study the application, during which time the staff may consult with other appropriate technical consultants. If, after such additional ten-day period, the staff has not requested any additional information or stated any objections in writing to the applicant, and the proposed building, structure, improvement or sign, and the proposed use conform in all respects to the provisions of this chapter, the staff shall issue the improvement location permit.

(2) Improvement location permit for all multi-family, commercial, industrial or special exception buildings, structures, improvements or uses. An application for an improvement location permit for any multi-family, commercial, industrial or special exception building, structure, improvement or use required to obtain a construction design release from the state shall be certified by a registered professional engineer or architect verifying that the building, structure, improvement or use intended will be in compliance with all applicable use regulations, development standards and performance standards of the district in which the building, structure, improvement or use is to be located.

(3) Improvement location permits for buildings, structures, improvements, signs or uses authorized by special exception or variance. In addition to the requirements above, an improvement location permit for a building, structure, improvement, sign or use authorized by special exception or variance shall not be issued until receipt by the staff of written notice from the Board that the application therefor has been approved by the Board; and, a determination by the staff that said improvement location permit application is in full compliance with the terms of any conditions which may have been imposed by the Board and commitments which may have been made by the owner.

(D) Public or semi-public sanitary sewer required. An application for an improvement location permit for any building, structure, improvement or use shall not be approved until it has been ascertained by the staff that:

(1) The proposed building, structure, improvement or use will be served by a public or semi- public sanitary sewer system; or

(2) The proposed building, structure, improvement or use will be served by a septic system or other method of sanitary waste disposal approved by the town’s Fire and Building Department.

(E) Appeal of determination. Any determination by the staff concerning the issuance of an improvement location permit may be appealed to the Board of Zoning Appeals by any party claiming to be adversely affected by that decision.

(F) Record of permits. A record of all improvement location permits shall be kept on file in the office of the Director of Planning and Economic Development and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building or land affected and shall be available for public inspection and copying as provided by applicable state law.

(G) Amended improvement location permit. When a builder, developer or owner of any building, structure, improvement or sign for which an improvement location permit has been obtained, for any reason, proposes that the construction of said building, structure, improvement or sign deviate from the plans filed with the improvement location permit application and approved by the staff, the builder, developer or owner shall make application for an amended improvement location permit. The staff shall review the application for the amended improvement location permit in accordance with the procedures set forth above to determine compliance of the amended improvement location permit application with the provisions of this chapter and any other applicable conditions, covenants or restrictions. If such amended improvement location permit application is found to be in compliance, the staff shall issue an amended improvement location permit any determination by the staff with respect to an amended improvement location permit shall be subject to the same appeal rights and procedures as set forth above for an initial application for an improvement location permit.

(H) General exemptions. Notwithstanding anything contained in this subchapter to the contrary, no improvement location permit shall be required for minor repairs or alterations to buildings, structures, improvements or signs where:

(1) The cost of such repairs or alterations does not exceed $500; and

(2) There is no increase in finished floor area, useable space, or any dimension of any portion of a sign.

(I) Revocation in event of violation. If the staff determines that construction or development is proceeding or has proceeded in violation of any applicable law, ordinance, rule, regulation, site plan, zoning commitment or condition of approval, or that the improvement location permit has been issued in violation of any applicable law, ordinance, rule, regulation, site plan, zoning commitment or condition of approval, the staff may revoke said improvement location permit in the event that an improvement location permit is revoked, the staff shall send written notice of the revocation to the permit applicant.

(Ord. 2000-16, passed 8-28-2000, § 9.2; Ord. 2013-12, passed 10-7-2013)

§ 194.217 COMPLIANCE WITH OTHER LAWS, ORDINANCES, RULES OR REGULATIONS.

The issuance of an improvement location permit does not substitute for or supersede the requirement to obtain approvals specified in other laws, ordinances, rules and regulations, as the same may be amended from time to time, before the construction of any building, structure, improvement or sign, including, but not limited to:

(A) Zionsville Building Code;

(B) Zionsville Subdivision Control Ordinance;

(1) Erosion Control Regulations of the County Soil and Water Conservation District; and

(2) State or federal environmental permits.

(Ord. 2000-16, passed 8-28-2000, § 9.3; Ord. 2013-12, passed 10-7-2013)

§ 194.218 APPLICATION AND APPROVAL.

(A) When an improvement location permit is required by this chapter, an application for an improvement location permit shall be filed with the Building Commissioner. Said application shall be on a form prescribed by the Plan Commission and accompanied by a site plan consistent with the requirements set forth below.

(1) A site plan for a single-family dwelling or a two-family dwelling on a platted lot shall be drawn to scale of not more than one inch equals 100 feet showing:

(a) North arrow;

(b) Address of the lot;

(d) Names, centerlines and right-of-way widths of all streets, alleys, thoroughfares, public ways, water ways or railroad right-of-way abutting or within the lot;

(e) The location and dimensions of all buildings, structures or improvements currently existing on the lot;

(f) Structures proposed for demolition should be indicated as such;

(g) The location and dimensions of all proposed buildings, structures or improvements, including fences, sheds, paved areas, storage areas, parking areas (indicate if parking is hard-surfaced). Cross-hatch or shade lightly all proposed buildings;

(h) Location of any proposed or existing driveway and its width at the property line (Any connection to an alley must also be indicated.);

(i) The distance from lot lines for all existing and proposed buildings, structures, improvements or signs (This distance is measured as a line from the point where the building, structure, improvement or sign is closest to the property line. This measurement it taken perpendicular to the property line.);

(j) The height of the existing and proposed buildings, structures or improvements; and

(k) All other information required by the staff for the proper administration of this chapter.

(2) A site plan for any commercial, industrial or special exception use shall be drawn to scale of not more than one inch equals 100 feet showing:

(a) North arrow;

(b) Address of the site or within the lot;

(d) Area map or sketch to indicate the location of the lot;

(e) Names, centerlines and right-of-way widths of all streets, alleys, thoroughfares, public ways, water ways or railroad right-of-way abutting or within the lot;

(f) The location and dimensions of all buildings, structures, improvements or signs currently existing on the lot;

(g) Structures proposed for demolition should be indicated as such;

(h) The location and dimensions of all proposed buildings, structures, improvements or signs, including fences, sheds, paved areas, storage areas, parking areas (indicate if parking is hard surfaced). Cross-hatch or shade lightly all proposed buildings;

(i) Location of any proposed or existing driveway and its width at the property line. (Any connection to an alley must also be indicated);

(j) (If applicable) Location, dimensions and type (e.g., ground, pole, wall) of all signs on the site, existing and proposed. Include separate elevations of proposed sign structures with all dimensions drawn to scale;

(k) The distance from lot lines for all existing and proposed buildings, structures, improvements or signs (This distance is measured as a line from the point where the building, structure, improvement or sign is closest to the property line. This measurement is taken perpendicular to the property line.);

(l) The height of the existing and proposed buildings, structures, improvements or signs;

(m) The number of dwelling units (if applicable) of existing and proposed buildings or structures;

(n) The current and proposed use to be made of all buildings, structures, improvements or lands within the lot (e.g., parking, residence, office, storage);

(o) Vocational engineering information regarding all utilities to provide service to the buildings or structures on the lot;

(p) The location and dimensions of all off-street parking and off-street loading facilities;

(q) The location and dimensions of all fences, walls or other screening and buffering devices;

(r) Location, size and species of all proposed and existing trees (six inches or larger at four and one-half feet above grade) and landscaping;

(s) Site data summary (a text summary in table format describing: square footage of existing and proposed buildings; existing, proposed and required parking; existing, proposed and required loading; proposed and permitted maximum building height; accommodation of drainage, sanitary sewer, water and other utility services; legal description; lighting; and landscaping);

(t) The seal of the registered professional engineer or architect responsible for the site plan; and

(u) All other information required by the staff for the proper administration and enforcement of this chapter.

(B) The Building Commissioner may waive or relax any of the site plan requirements listed above, as circumstances dictate. The site plan shall be attached to the application for an improvement location permit when such application is submitted to the Building Commissioner and shall be retained in the office of the Department of Planning and Economic Development as a public record.

(C) Each application for an improvement location permit for a building, structure or use shall include an application for a certificate of occupancy.

(D) The Plan Commission may promulgate rules, regulations and procedures, in addition to those listed herein, as to the form and processing of the applications, site plans and permits required by this chapter.

(Ord. 2000-16, passed 8-28-2000, § 9.4; Ord. 2013-12, passed 10-7-2013)

§ 194.219 CERTIFICATE OF OCCUPANCY.

(A) Certificate of occupancy required. No building, structure, improvement (except signs) or use for which an improvement location permit is required by the provisions of this chapter shall be used for the purpose contemplated by the improvement location permit until a certificate of occupancy has been issued by the staff.

(B) Issuance of certificate of occupancy.

(1) Within two days of notification of completion of work on the proposed building, structure or use, the applicant for an improvement location permit shall notify the staff of completion of work authorized by the improvement location permit. The staff, or its designee, shall, within 14 days inspect the premises for compliance with the provisions of this chapter and the improvement location permit.

(2) A certificate of occupancy pursuant to this chapter shall be issued only upon a finding by the staff that the proposed building, structure or use has been developed, located or to be used in accordance with the provisions of:

(a) This chapter; and

(b) The improvement location permit.

(C) Temporary certificate of occupancy. A temporary certificate of occupancy may be issued by the staff if the proposed building, structure or use complies with the provisions of division (B) above; except that, certain external site features (e.g., finish coat for asphalt parking areas or landscaping) have not been completed due to ground or weather conditions which are not immediately suitable for permanent installation. The duration of the temporary certificate of occupancy shall be specified on the temporary certificate of occupancy; provided, however, in no case shall a temporary certificate of occupancy exceed six months in duration. In cases of extreme hardship or weather conditions, and for good cause shown, the Building Commissioner may grant a one-time extension of not to exceed three months.

(Ord. 2000-16, passed 8-28-2000, § 9.5; Ord. 2013-12, passed 10-7-2013)

§ 194.220 FEES.

In order to defray administrative costs associated with the processing of development petitions and improvement location permits, the Town Council shall establish a schedule of fees which are to be paid by the applicant at the time of filing a development petition or application for an improvement location permit. Said schedule of fees shall include fees for: improvement location permits; petitions for zone map changes; applications for development plan approvals; petitions for variance; and other administrative matters as determined by the Plan Commission, at a public hearing, which are in the best interest of providing required services at a reasonable fee to the general public.

(Ord. 2000-16, passed 8-28-2000, § 9.6; Ord. 2013-12, passed 10-7-2013; Ord. 2024-18, passed 7-15-2024)