(A) Definition. An IMPROVEMENT LOCATION PERMIT is a document issued by the provisions listed hereunder, permitting a person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure within its jurisdiction, or cause the same to be done, or to change the use or condition of the land.
(B) Applicability.
(1) Circumstances in which an improvement location permit must be issued. No change in the use of land that involves a change in the condition of the land or in any structure on the land, including special exceptions under §§ 156.085 through 156.093 and changes in floodplain districts, may be made unless the Administrator issues an improvement location permit authorizing such a change.
(2) Exceptions for agricultural land, uses, and structures. Agricultural land, farm barns, farm outbuildings, and other farm buildings, other than the farm residence structure, which are adapted for agricultural purposes, shall not be subject to the requirements for improvement location permits.
(C) General provisions.
(1) Certificate of occupancy required.
(a) No application for an improvement location permit under this section may be considered unless the applicant has also applied for a certificate of occupancy.
(b) Furthermore, no land or structure for which an improvement location permit has been issued may be used for the purpose stated in the permit until the Administrator, after the change is completed, issues a certificate of occupancy stating that the change complies with this chapter and with the permit. Said certificate of occupancy shall be issued following an inspection by the Administrator or his or her designee within ten days of the completion of the change authorized by the improvement location permit.
(2) Failure to obtain an improvement location permit. Failure to obtain an improvement location permit shall be a violation of this chapter and therefore shall be punishable under the provisions of § 156.999.
(3) Limitations of the improvement location permit. Improvement location permits issued on the basis of the plans and applications approved by the Administrator authorize only the use or arrangement set forth in such approved plans and applications or amendments thereto, and no other use, arrangements, or construction. Any use, arrangement, or construction contrary to that authorized shall be deemed a violation of this chapter and shall be punishable under the provisions of § 156.999.
(D) Site plan review. In addition to all other required applications, information, and permits from other governmental agencies, any person who applies for an improvement location permit under this section must furnish the Administrator with a site plan.
(1) Site plan requirements.
(a) The following items shall be portrayed on plans drawn to scale:
1. The location of the land concerned, including property lines and right-of-way lines;
2. The location and size of all buildings and structures already on the land as well as those to be erected, including parking, signage, open space, landscaping, screening, and sidewalks where applicable;
3. The size and location of all entrances to and exits from the land, both vehicular and pedestrian, including all adjacent streets and highways;
4. Detailed drawings showing all construction and materials;
5. Elevations of all buildings to be constructed; and
6. Drainage and/or erosion solutions, where applicable.
(b) Plans so furnished shall be kept by the Administrator as permanent records.
(2) Action of the Administrator.
(a) The Administrator shall approve, disapprove, or approve with modifications, the site plan submitted, except in cases which require a public hearing in which the Administrator shall forward his or her findings to the body conducting the hearing.
(b) As a condition of the issuance of the improvement location permit, the Administrator may require changes in the site plan in the interest of the public welfare, public safety, or to balance the interests of the persons in the vicinity of the property under consideration.
(E) Issuance or denial. With the exception of the longer period of time required for industrial uses as specified in division (I)(1) below, the Administrator shall either accept the application and issue the improvement location permit or deny the application together with a statement of reasons for the denial, within a period of eight working days following application.
(F) Expiration.
(1) The work or use authorized by an improvement location permit must be commenced within six months of the issuance of the permit. After such time, if the work or use has not begun, said permit shall lapse and become null and void.
(2) With the exception of temporary uses, if work or the use authorized by the permit has begun within six months of the issuance of the permit, the improvement location permit shall remain in full force and effect for two years from the date of issuance.
(G) Appeals. A decision of the Administrator may be appealed to the Board of Zoning Appeals.
(H) Public record. A record of each improvement location permit and each certificate of occupancy shall be kept by the Administrator and shall become part of the public record.
(I) Special cases.
(1) Industrial uses: certificate of compliance.
(a) If an application for an improvement location permit relates to an industrial use, it must be accompanied by a certificate of compliance, certified by a registered professional engineer of the state, stating that the use will meet the performance standards of the district concerned.
(b) If, after ten working days, the Administrator has not required additional information or objections in writing, he or she shall issue the permit.
(2) Mobile homes.
(a) Mobile homes shall be permitted as temporary uses only, subject to § 156.069.
(b) In the event that a single-family home has been destroyed by fire, explosion, act of God, or public enemy and an improvement location permit has been issued for its replacement or reconstruction, the property owner may make application for an improvement location permit for a mobile home to be placed on the same property for a period not to exceed one year. No extensions of time shall be permitted by the Administrator.
(c) Application procedures and requirements shall be the same as for any other improvement location permit.
(d) Placement of the mobile home shall be subject to all use requirements and restrictions applicable to a single-family home.
(e) In addition to all other requirements, the property owner shall post a $2,000 cash bond in favor of the town to be held by the Town Clerk-Treasurer. Said cash bond shall be returned without interest upon the removal of the mobile home and the issuance of a certificate of occupancy for the constructed or reconstructed single-family home. Said cash bond may be drawn on by the Town Council, at its discretion, upon the advice of the Administrator that the property owner has failed to remove the mobile home either at the end of one year or within two weeks of the issuance of the certificate of occupancy for the constructed or reconstructed single-family home, whichever comes first. Said cash bond may be used to defray expenses incurred by the town for the removal of the mobile home and/or legal costs and attorney fees directly associated with the enforcement of this division (I)(2).
(Ord. 2014-26, passed 9- -2014) Penalty, see § 156.999