This section establishes the requirements for permits for all land development and building activity in the town and establishes procedures for the administration of these zoning regulations.
(A) Permits required.
(1) A permit shall be required for any clearing, grading, excavation, construction, reconstruction, non-minor change of occupancy or use, land development, re-development, building activity or fence construction, except as specifically exempted by these regulations or per division (B) below.
(2) These regulations include the following five kinds of permits, the procedures for administration of which are found in division (F) below.
(d) A change of use permit is required when a non-minor change in occupancy or use occurs in a building or on a premises.
(e) A certificate of occupancy is required when a new building is completed and is intended to be occupied for use.
(B) Exemptions. The activities listed here are not exempt from any applicable requirement of these regulations, except the requirement for a permit. No permit shall be required for:
(1) Clearing, grading or excavation for the installation or maintenance of landscaping and gardens;
(2) Repair or remodeling that does not alter the exterior dimensions of the building by more than six inches (note that fire or building codes may require a permit for such activities);
(3) Construction or installation of small accessory buildings that are less than ten feet in height with a projected roof area of less than 120 square feet that are not used for habitation; provided, the buildings meet all specification standards of these regulations;
(4) Minor changes of occupancy, as defined by § 155.007 of this chapter;
(5) Construction of public streets and other municipal infrastructure, and subdivision improvements as allowed and/or required by a subdivision approval issued by the Town Council;
(6) Minor utility installations; and
(7) Installation of shipping containers and/or storage containers (for example, Conex containers) is allowable as an accessory use without a permit. Such containers must be located within the required setbacks, must have no signage or writing and must be kept in good repair with no peeling or rust.
(C) Application forms and fees.
(1) Applications for permits shall be submitted on forms provided by the town. All applications shall include a site plan, and all other maps, plans, drawings, tabulations, calculations and text needed to demonstrate compliance with these regulations. The Zoning Administrator may require submission of multiple copies of application forms and supporting materials, as well as a copy of all documents to be submitted electronically in PDF or similar format.
(2) Application fees for each type of permit and the other procedures established by these regulations shall be set by the Town Council.
(3) No incomplete or insufficient application will be accepted for review and acted upon by the appropriate decision-making body (e.g., Zoning Administrator, Board of Adjustment).
(D) Contents of applications. Applications and site plans shall include information necessary to demonstrate compliance with these regulations. Each permit application lists specific information that is pertinent to that request. All pertinent information shall be submitted by the applicant. Sight plans shall be to scale and depict the following, as applicable:
(1) Property boundaries/lot lines;
(2) Geographic features such as slopes, water features, trees and other vegetation;
(3) Onsite and adjacent offsite streets, roads, alleys and easements;
(4) Existing and proposed wells, septic tanks and drainfields (if applicable);
(5) Existing and proposed utilities and municipal facilities, such as water lines and sewer lines;
(6) Existing and proposed buildings with dimensions, including all above grade projections and lot coverage; and
(7) For any application that involves buildings for lease or rent, the applicant shall submit an assessment of potential significant impacts on the surrounding physical environment and human population in the area to be affected, including any proposed measures, if any, to avoid or minimize potential significant impacts identified.
(E) Site inspection. The filing of an application for a permit constitutes permission for the Zoning Administrator and appropriate personnel to conduct inspections of the site during their consideration of the application, and to subsequently monitor compliance with any conditions of approval during the life of the permit.
(F) Procedures for zoning conformance, fence and change of use permits and certificates of occupancy.
(1) Purpose. The purpose of this permit procedure is to ensure that routine building and land use activities comply with these regulations.
(2) Procedures. The following is the typical procedure for an applicant to apply for and receive a zoning conformance permit.
(a) The applicant shall submit a properly completed application form, a site plan, any supporting materials necessary to demonstrate compliance with these regulations and the required application fee at the Town Hall.
(b) The Town Clerk shall process the application and cause the application to be received by the Zoning Administrator.
(c) After the Zoning Administrator receives the application, the Zoning Administrator shall determine whether the application is complete and sufficient for review. If an application is determined incomplete or insufficient, the Zoning Administrator shall provide written notice to the applicant indicating what information must be submitted for the review to proceed.
(d) The Zoning Administrator shall determine whether the proposed activity is in compliance with these regulations. If it complies, the application shall be approved and a permit shall be issued at that time. If the proposed development fails to comply, the application for a permit shall be denied. Conditions may be attached to the permit to direct the applicant and agents to requirements of these and other regulations.
(e) Zoning conformance, fence and change of use permits and certificates of occupancy are valid for one year. During the approval period, all construction must be completed and compliance with the permit demonstrated. However, at the end of the approval period the Zoning Administrator may, at the request of the applicant, extend its approval for up to one additional year. The purpose of these timeframes is to ensure construction activities are not in an active state for an unreasonable amount of time posing threats to public health, safety and welfare.
(f) After a permit is issued and prior to permit expiration, the applicant shall notify the Zoning Administrator and demonstrate that development conforms to these regulations and any conditions of approval. The Zoning Administrator shall visit the site to check for conformance and, if verified, issue a certificate of occupancy. If the development is determined not to be in conformance, the Zoning Administrator shall notify the applicant of the deficiencies. The applicant must demonstrate conformance within the original or extended approval period, reapply for a permit, or appeal the Zoning Administrator’s decision under § 155.077 of this chapter. If voluntary compliance is not achieved a notice of violation may be issued under § 155.081 of this chapter.
(3) Appeal. Any action or decision by the Zoning Administrator may be appealed to the Board of Adjustment using the appeals procedure of § 155.077 of this chapter.
(Ord. 329, passed 1-11-2016; Ord. 356, passed 8-9-2023)