No structure or site improvement shall be erected, moved, or added to on platted or unplatted land, without an improvement location permit first being issued by the Administrative Officer, or his or her designee. No improvement location permit shall be issued unless the project is in compliance with the provisions of this chapter, the Subdivision Control Ordinance, and other applicable regulations of the town.
(A) Permit required. The town requires that an improvement location permit be obtained for any of the actions listed below. A single improvement location permit may be issued for a combination of these actions, if they occur together. The Administrative Officer shall determine if the application requires review by the Technical Review Committee and/or Architectural Review Committee.
(1) New development, after rezoning or plat approval;
(2) Adding or subtracting dwelling units or leased space in multifamily or commercial structures;
(3) Any use that exceeds 200 square feet in area and/or has a permanent foundation (including structures other than buildings such as towers and antennas);
(4) Any temporary use of land or temporary structure;
(5) Signs;
(6) Swimming pools with a depth greater than 30 inches (in-ground pools shall be required to obtain a permit, above ground pools less than 15 feet in diameter shall not be required to obtain a permit, but shall comply with this chapter);
(7) Additions to all structures;
(8) Changes of use;
(9) Placement or replacement of manufactured or mobile homes;
(10) Parking lot construction or alteration;
(11) Removal of required trees and plants within buffer yards and landscaping areas required by this chapter;
(12) Mineral extraction;
(13) Telecommunication towers, buildings, and antenna; and
(14) Any exterior construction that adds to or alters the height of an existing structure.
(B) Special exception uses and variances.
(1) Improvement location permit required. If the Board of Zoning Appeals grants a special exception or a variance, it shall direct the applicant to apply for an improvement location permit. If such application complies with all requirements established by the Board and this chapter, an improvement location permit for the execution of the approved special exception or variance shall be issued.
(2) Failure to obtain an improvement location permit or complete construction. A special exception or variance ceases to be authorized and is said to expire if the obtaining of an improvement location permit, or the execution of the approval, has not been completed within one year of the date the special exception or variance is granted. The variance or special exception shall also expire if the approved construction has not been completed and approved by the Administrative Officer as being consistent with all written commitments, conditions, the requirements of this chapter, and all applicable permits within two years of the date the approval was granted.
(C) Sign permits. The following procedure applies to improvement location permits for permanent signs only.
(1) Application. Application for a sign permit shall be filed with the Administrative Officer and shall be accompanied by any information the Administrative Officer, or his or her designee, determines is necessary to assure compliance with this chapter, including but not limited to:
(a) Clear and legible drawings with descriptions showing the location of the sign which is the subject of the permit.
(b) An indication of all existing and anticipated signs on the same property and for the same business use.
(c) A dimensioned drawing showing the size of the sign area and the height of the sign.
(d) Description of sign materials and colors.
(e) Type of illumination.
(f) Mounting details.
(2) Effect of sign permit issuance. A sign permit issued under the provisions of this section shall not be deemed to constitute permission or authorization to maintain an unlawful sign nor shall it be deemed as a defense in an action to remove an unlawful sign.
(3) Expiration. A sign permit shall become null and void if work has not been started within 30 days of the date the permit is issued or completed within 180 days of the date the permit is issued.
(D) Exemptions. No improvement location permit shall be required for the types of improvements listed below, provided any such improvement complies with the applicable requirements of this chapter, the Subdivision Control Ordinance, and any other adopted standards of the town.
(1) Routine maintenance, repair, or interior non-structural remodeling of existing buildings not involving any change of use, additional lot coverage, or increase in structure size.
(2) Essential services, as defined in this chapter.
(3) Lot and yard improvements such as drives, sidewalks, patios, decks, retaining walls, play equipment, gazebos less than 200 square feet in area, above ground pools less than 30 inches in depth and 15 feet in diameter, and landscaping.
(4) Signs with a surface less than one square foot in area.
(5) Mini-barns and storage containers that are portable and less than 200 square feet or less in area.
(E) Copies. A copy of all submitted plans and application materials shall be retained by the Administrative Officer for the permanent records of the Plan Commission.
(F) Expiration of permits. Unless otherwise permitted by this chapter, if the rough-in inspection described in any improvement location permit has not been completed within 12 months of the date of its issuance, the permit shall automatically be deemed expired.
(1) The Administrative Officer may grant extensions for up to six months to obtain the certificate of occupancy.
(2) No extension shall be granted unless any appropriate fees, as defined by the adopted fee schedule, are paid to the town and the project continues to be in compliance with all applicable requirements of the town.
(G) Construction according to permits and permit applications. Improvement location permits issued on the basis of plans and applications only authorize the use, arrangement, and construction set forth in such approved plans and applications. Current approved plans and the permit shall remain on the construction site. Any other use, arrangement, or construction not authorized shall be deemed a violation of this chapter and subject to the provisions of §§ 154.225 through 154.228, Enforcement and Penalties.
(Ord. 121410, passed 1-11-2011)