§ 170.03   ADMINISTRATION
   (A)   Building Commissioner - Duties and Powers. The provisions of this Chapter shall be administered and enforced by the Building Commissioner who shall be appointed by the Town Council. The Building Commissioner shall have the duty and power to:
      1.   Receive and examine all applications for Improvement Location permits and to refer applications to the Commission when deemed necessary.
      2.   Issue Improvement Location Permits and Certificates of Occupancy only when there is compliance with the provisions of this Chapter and with other Town Code Sections provided, however, the issuance of an Improvement Location permit shall not be deemed a waiver of any Town Code Section.
      3.   Review applications for special permits and forward these applications to the Board of Appeals for action thereon.
      4.   Following refusal of a permit, to receive applications for appeals from alleged error of the Building Commissioner and variances and forward these applications to the Board of Appeals for action thereon.
      5.   Conduct inspections and surveys to determine compliance or non-compliance with the terms of this Chapter.
      6.   Maintain a map showing the current zoning classification of all land.
      7.   Issue stop orders, and cease and desist orders, and order in writing, correction of all conditions found to be in violation of the provision of this Chapter. Such written orders shall be served personally or by certified mail upon persons, firms or corporations deemed by the Building Commissioner to be violating the terms of this Chapter. It shall be unlawful for any person to violate any such order lawfully issued by the Building Commissioner and any person violating any such order shall be guilty of a violation of this Chapter.
      8.   Revoke by order, an Improvement Location permit issued under a mistake of fact or contrary to the law or the provisions of this Chapter.
      9.   With the approval of the Town Council, or when directed by them, institute in the name of the Town any appropriate action or proceeding to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use; to restrain correct, or abate any such violation, so as to prevent the occupancy of or use of any building, structure or land, or to prevent any illegal act, conduct business, or use in or about such premises.
      10.   Upon the request of the Town Council, the Plan Commission or the Board of Zoning Appeals, present to such bodies facts, records, or reports which they may request to assist them in making decisions.
   (B)   Certification of Occupancy. No land shall be used or occupied and no building thereafter erected, altered, or extended shall be used or changed in use, until a Certificate of Occupancy shall have been issued by the Building Commissioner stating that the buildings or proposed use thereof complies with the provisions of this Chapter and any other pertinent Sections of the Town Code.
   (C)   Improvement Location Permits. No structure shall be erected, constructed, reconstructed, extended, or moved; and no land or building changed in use until an Improvement Location permit has been secured from the Building Commissioner. Upon completion of changes in use or construction, reconstruction, extension or moving of structure, the applicant shall notify the Building Commissioner of such completion.
   No permits shall be considered as complete or as permanently effective until the Building Commissioner has noted on the permit that the work or occupancy and use has been inspected and approved as being in conformity with the provisions of this Chapter.
   Improvement Location permits shall not be required for changes in bearing walls, alterations when there is no increase in ground floor or change in use, general maintenance work, painting, clearing woodland, tilling the soil, constructing fences, terraces, steps, or other similar features, or landscaping as herein defined not requiring structural changes. However, all such activities shall conform with the requirements of this Chapter.
   Improvement Location Permits shall be issued with a one (1) year life. However, if work is not commenced within twelve (12) months after issuance of the Improvement Location permit, the permit shall automatically expire and a new permit shall be required before such work or change in use commences.
   (D)   Application Requirements for Improvement Location Permits. All applications for Improvement Location Permits shall be made in writing by the owner, tenant, vendee under contract of sale, or authorized agent, on a form supplied by the Town and shall be filed with the Building Commissioner. The application shall:
      1.   Include a statement as to the proposed use of the building or land.
      2.   Include a site plan drawn to scale/showing the location, dimensions and height of proposed buildings, structures, or uses, and any existing buildings in relation to property or street lines.
      3.   Include the number, location, and design of parking and loading spaces, if available.
      4.   Include the size, dimensions, location, and methods of illumination for signs, if applicable.
      5.   Include any additional plans and information reasonably necessary for the Building Commissioner to ascertain whether the proposed use, change in use, erection, alteration, or addition complies with the provisions of this Article.
   (E)   Issuance of Improvement Location Permit. Improvement Location Permits shall be granted or refused within fifteen (15) days after the written application has been filed with the Building Commissioner, except as provided for special permit application. Upon completion of the activity authorized by any Improvement Location Permit, the holder of such permit shall notify the Building Commissioner of such completion. All applications with accompanying plans and documents shall become, and be preserved as a public record, subject to disposition of the Town Council.
   (F)   Fees. The applicant for an Improvement Location Permit shall, at the time of making application, pay to the Building Commissioner for the use of the Town, a fee in accordance with a fee schedule adopted by resolution of the Town Council as such schedule may be amended by resolution of the Town Council.
   (G)   Appeals. An appeal or review taken from the requirement, decision or determination of the Building Commissioner shall be filed in writing with the Board of Zoning Appeals. The appeal shall specify the grounds thereof and shall be filed within such time and in such form as may be prescribed by the Board. The Building Commissioner shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.
      1.   The Board shall fix a reasonable time for the public hearing of an appeal. Notice of publication shall be given of the hearing at least fifteen (15) days prior to the public hearing and due notice shall be given, additionally, in writing to those interested parties as determined by the Board. Parties making the appeal shall assume the cost, public notice, and due notice to interested parties. The appellant shall furnish proof of publication and legal notice and proof of due notice to interested parties to the Board and its records. Notice of time and place of public hearing shall be published.
      2.   The Board, after public hearings, may vary the terms of this Chapter, but no such variance shall be granted except upon a determination and finding that:
         a.   The grant of such variance will not be injurious to the public health, safety, and general welfare.
         b.   The use or value of the land or area adjacent to the property included in the variance will not be adversely affected.
         c.   The need for the variance arises from some condition peculiar to the property involved and does not exist in similar property in the same district.
         d.   The strict application of the terms of the Chapter will constitute an unusual and unnecessary hardship as applied to the property in which the variance is sought.
         e.   That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property owners in the same vicinity and district but, which is denied the property owner in question.
         f.   That such variance is the minimum departure from the strict application of the provisions of this Chapter which will afford relief.
      3.   The Board shall not grant a variance from a use district or classification.