§ 152.386 IMPROVEMENT LOCATION PERMITS.
   (A)   Improvement location permit required. No building, structure, improvement, sign, or use of land may be altered, changed, enlarged, placed, erected, or located, unless the building, structure, improvement, sign, or use and its location conform to the provisions of this chapter and an improvement location permit for the alteration, change, placement, erection, or location of the building, structure, improvement, sign, or use has been issued.
   (B)   Duration of improvement location permit.
      (1)   An improvement location permit shall be valid for a period of 1 year after date of issuance.
      (2)   The Zoning Administrator shall have the power to extend the period of validity of any improvement location permit one or more times, provided, however, the total time period of all extension(s) shall not exceed 6 months.
   (C)   Review of improvement location permit application.
      (1)   Improvement location permits for single family and 2 family dwellings and related accessory buildings or structures. The Zoning Administrator may take up to 5 business days to study an application for an improvement location permit. During this 5-business day period, the Zoning Administrator may consult with other staff or appropriate technical consultants. If, after the 5-day period, the Zoning Administrator has not requested any additional information or stated any objections in writing to the applicant, and the proposed building, structure, or improvement, and the proposed use conform in all respects to the provisions of this chapter, the Zoning Administrator shall issue the improvement location permit.
      (2)   Improvement location permits for all: multifamily, commercial/town center, industrial or special exception buildings, structures, improvements or uses; signs; and accessory buildings, structures or improvements related to multifamily, commercial/town center, industrial, or special exception uses. The Zoning Administrator may take up to 15 business days to study the application for an improvement location permit. During the 15-day period, the Zoning Administrator may consult with other staff or appropriate technical consultants. If, after the 15-day period, the Zoning Administrator has not requested any additional information or stated any objections in writing to the applicant, and the proposed building, structure, improvement or sign, and the proposed use conform in all respects to the provisions of this chapter, the Zoning Administrator shall issue the improvement location permit.
      (3)   Improvement location permits for buildings, structures, improvements, signs, or uses authorized by variance. In addition to the requirements above, an improvement location permit for a building, structure, improvement, sign, or use authorized by variance shall not be issued until:
         (a)   Receipt by the Zoning Administrator of written notice from the Board of Zoning Appeals that the application therefor has been approved by the Board of Zoning Appeals; and
         (b)   A determination by the Zoning Administrator that the improvement location permit application is in full compliance with the terms of any conditions which may have been imposed by the Board of Zoning Appeals and commitments which may have been made by the owner.
      (4)   Improvement location permits for buildings, structures, improvements, signs, or uses authorized by special exception. In addition to the requirements above, an improvement location permit for a building, structure, improvement, sign or use authorized by special exception shall not be issued until:
         (a)   Receipt by the Zoning Administrator of written notice from the Town Council that the application therefor has been approved by the Town Council; and
         (b)   A determination by the Zoning Administrator that the improvement location permit application is in full compliance with the terms of any conditions which may have been imposed by the Town Council and commitments which may have been made by the owner.
   (D)   Appeal of determination. Any determination by the Zoning Administrator concerning the issuance of an improvement location permit may be appealed to the Board of Zoning Appeals by any party claiming to be adversely affected by that decision.
   (E)   Record of permits. A record of all improvement location permits shall be kept on file in the office of the Zoning Administrator and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building or land affected and shall be available for public inspection and copying as provided by applicable state law.
   (F)   Amended improvement location permit. When a builder, developer, or owner of any building, structure, improvement, or sign for which an improvement location permit has been obtained, for any reason, proposes that the construction of the building, structure, improvement, or sign deviate from the plans filed with the improvement location permit application and approved by the Zoning Administrator, the builder, developer, or owner shall make application for an amended improvement location permit. The Zoning Administrator shall review the application for the amended improvement location permit in accordance with the procedures set forth above to determine compliance of the amended improvement location permit application with the provisions of this chapter and any other applicable conditions, commitments, or restrictions. If the amended improvement location permit application is found to be in compliance, the Zoning Administrator shall issue an amended improvement location permit. Any determination by the Zoning Administrator with respect to an amended improvement location permit shall be subject to the same appeal rights and procedures as set forth above for an initial application for an improvement location permit.
   (G)   Revocation in event of violation. If the Zoning Administrator determines that construction or development is proceeding or has proceeded in violation of any applicable law, ordinance, rule, regulation, site plan, or condition approval, or that the improvement location permit has been issued in violation of any applicable law, ordinance, rule, regulation, site plan, zoning commitment, or condition of approval, the Zoning Administrator may revoke the improvement location permit. In the event that an improvement location permit is revoked, the Zoning Administrator shall send written notice of the revocation to the permit applicant.
   (H)   Fees. Fees for improvement location permits shall be as established by the Town Council.
(Ord. 1221, § 10.05(a), passed 1-26-2010)