(A) Certificate of occupancy. No building or structure erected or altered after the date of adoption of this chapter can be occupied or used unless a certificate of occupancy has been issued for that building or structure upon completion of construction. A certificate of occupancy constitutes certification that the building, structure, use, parking, landscaping, and all other required improvements fully comply with the provisions of the ordinance and any conditions imposed on the approval.
(B) Improvement location permit. An improvement location permit issued by the Administrator is required prior to beginning construction on structures or establishing a use on any land.
(1) Except for variances approved by the Board of Zoning Appeals or an order of a court, an improvement location permit will not be issued for the erection, alteration, or use of any building or structure, or for the use of any land unless it complies with all provisions of this chapter and any conditions of approval imposed on the building, structure, or use. Within five business days of the permit application, the Administrator will inform the applicant if the submittal is complete or if additional information is needed to process the request. Within ten business days of the permit application, the Administrator will issue a permit for applications meeting the permit requirements or notify the applicant of the areas where the permit application does not comply with the permit requirements.
(2) A record of all improvement location permits is kept on file in the office of the Administrator.
(3) Vacant land cannot be used, and existing uses of land or buildings cannot be changed to a different class of use, unless an improvement location permit is first obtained for the new or changed use. Uses resulting in an increase in parking spaces require an improvement location permit.
(C) Short-term rental permits.
(2) Application. Applications for a short-term rental permit are made by the property owner on forms published by the Department and include appropriate filing fees and documentation. An owner must submit a separate permit application for each property requiring a permit.
(3) Supporting documentation. Applications must be accompanied by the following information. The Administrator may waive or relax any of the requirements listed deemed irrelevant or unnecessary for a thorough review of the application.
(a) The owner's name, street address, mailing address, email address, and telephone number. If the owner is a corporation or partnership, the owner's state of incorporation or organization, proof of good standing, and the owner's names, the addresses of the short-term rental(s), and the telephone numbers of the owner's principal officers or partners.
(b) If a property manager is used, the property manager's name, street address, mailing address, email address, and telephone number.
(c) A short description of how each of the owner's short-term rentals on the property are marketed or advertised including the advertised occupancy limits and whether the short-term rental is a single-family home or a dwelling unit within a single-family home, multi-family dwelling, condominium, cooperative, or time share.
(4) Permit issuance. Within five business days of the permit application, the Administrator will inform the applicant if the submittal is complete or if additional information is needed to process the request. Within 20 business days of the permit application, the Administrator will issue a permit for applications meeting the permit requirements or notify the applicant of the areas where the permit application does not comply with the permit requirements.
(5) Permit duration. A short-term rental permit expires one year after the date it is issued.
(6) Permit fee. A nonrefundable fee described in the fee schedule adopted by the Town Council must accompany each short-term rental permit application.
(7) Permit transferability. If an owner sells all or part of a permitted property, the short-term rental permit is not transferable to the new owner.
(8) Permit violation. Each short-term rental transaction completed without a short-term rental permit constitutes a separate violation.
(9) Permit revocation. If three or more citations for ordinance violations are issued to an owner for a permitted property within a calendar year, the Administrator may revoke the short-term rental permit for up to one year after the date the permit is revoked. An owner may apply for a short-term rental permit when the revocation period has ended and all outstanding fines for ordinance violations are paid.
(D) Sign permit and applications.
(1) Permits required. Except as otherwise provided in this chapter, it is unlawful for any person to erect, construct, enlarge, move, or convert any sign without first obtaining a sign permit from the administrator.
(2) Application. Application for a permit is made to the Administrator on forms provided by the Department with permit application fee and required information to assure compliance with this chapter. Within five business days of the permit application, the Administrator will inform the applicant if the submittal is complete or if additional information is needed to process the request. Within ten business days of the permit application, the Administrator will issue a permit for applications meeting the permit requirements or notify the applicant of the areas where the permit application does not comply with the permit requirements.
(3) Effect of sign permit issuance. Permits issued in accordance with this chapter do not authorize unlawful signs.
(4) Nullification. A sign permit becomes null and void and the permit fee forfeited if the authorized work has not been completed six months of the date the permit was issued.
(5) Fee waiver. Service and charitable organizations, legally established as tax exempt not-for-profit entities, are only required to pay one annual permit fee for the use of portable temporary signs.
(E) Temporary use and events permits.
(1) Application. Applications for a temporary use and/or event permit, according to § 154.075, must be made in writing on forms provided by the Department at least 30 days prior to the scheduled event. Within five business days of the permit application, the Administrator will inform the applicant if the submittal is complete or if additional information is needed to process the request. Within ten business days of the permit application, the Administrator will issue a permit for applications meeting the permit requirements or notify the applicant of the areas where the permit application does not comply with the permit requirements.
(2) Supporting documentation. Applications must include (i) a written statement describing the requested use, operations plan, traffic control, and the proposed period and (ii) a sketch plan showing the locations of proposed activity areas in relation to property lines and existing buildings and structures, pedestrian and vehicular circulation on the site, and parking facilities.
(a) If a permit for encroaching into any right-of-way is required, a copy of the encroachment request must be submitted with the temporary use/event permit application.
(b) If alcohol is sold or consumed, then proof of appropriate permits from the State of Indiana, Alcohol and Tobacco Commission is required. If cooking or eating is involved in a temporary event, outdoor cafe, or some other eating area, then proof of review and approval from the County Health Department must be required with the application.
(3) Temporary uses and events must also comply with the town's special event policy.
(Ord. 2022-17, passed 7-19-2022)