(A) Applicability. An improvement location permit shall be required prior to permanent construction, installation, addition, alteration or relocation of a structure; prior to permanent alteration to the land; and prior to establishment of a new land or change an existing land use. The following are examples of projects necessitating an improvement location permit process:
(1) Constructing a dwelling unit;
(2) Constructing a detached garage;
(3) Constructing or modifying off-street parking;
(4) Room addition on a house;
(5) Installing a new driveway;
(6) Installation of a dwelling unit, manufactured;
(7) Installing a swimming pool;
(8) Construction a pool house;
(9) Constructing a carport;
(10) Constructing a deck or patio over 400 square feet;
(11) Installing a permanent freestanding or wall-mounted sign;
(12) Modifying a structure’s height;
(13) Constructing a recreation pond;
(14) Adding impervious surface; and
(15) Installation of a accessory structure over 200 square feet in area.
(B) Exemption from improvement location permit. This exemption is only from having to obtain an improvement location permit. It is not an exemption from having to meet all applicable regulations in this chapter. Any project exempt from having to acquire an improvement location permit that is in violation of this chapter is subject to §§ 165.500 through 165.514 and 165.999. The following projects are exempt from having to obtain an improvement location permit.
(1) Agriculture. An agriculture related accessory structure is exempt from obtaining an improvement location permit.
(2) Small structures. An accessory structure that is not on a permanent foundation and is less than 200 square feet in area is exempt from obtaining an improvement location permit.
(3) Softscaping and hardscaping. Installing trees, shrubs, plants and flowers; applying mulch or soil enhancers; raising of planting beds around foundations; and installing accent hardscaping (e.g., stone steps, stone edging and small retaining walls) is exempt from obtaining an improvement location permit as long as there is no adverse affect to drainage.
(4) Deck or patio. A deck or patio installed individually or cumulatively that is less than 400 square feet in area over the entire lot is exempt from obtaining an improvement location permit.
(5) Sign content change. Sign content may be changed without having to receive an improvement location permit.
(6) Flag pole. Flag poles may be installed without obtaining an improvement location permit.
(7) Play set. Play sets may be installed without obtaining an improvement location permit.
(8) Type 1 home based business. Type 1 home businesses may commence without obtaining an improvement location permit.
(9) Property maintenance. Maintenance and repairs to the existing structure or site features may commence without obtaining an improvement location permit, but shall follow all building regulations found in Chapter 150 in the city’s code of ordinances.
(10) Adding or changing light fixtures. Light fixtures may be added or changed without obtaining an improvement location permit.
(11) Fences. Fences may be installed or changed without obtaining an improvement location permit.
(C) Cross-reference.
(1) Building permit. An improvement location permit does not authorize compliance with building codes. Concurrent to having a project reviewed for compliance with this chapter most projects with any type of building will also have to be reviewed for compliance with the Building Code. The review for compliance with the Building Code is conducted by the Building Official. See Chapter 150: Building Code of city’s code of ordinances for information regarding building permits and certificates of occupancy.
(2) Site improvement permit. An improvement location permit does not authorize compliance with the city’s storm water management ordinances. Concurrent to having a project reviewed for compliance with this chapter most projects will also have to be reviewed for compliance with the storm water management ordinance. The review for compliance with the storm water management ordinance is conducted by the MS4 Coordinator. See Chapter 55 Storm Water Management of the city’s code of ordinances for information regarding the site improvement permit.
(3) Other permits. An improvement location permit does not authorize compliance with any county, state or federal permits. It is the responsibility of the property owner to acquire any other required permits prior to making any improvement.
(D) Filing requirements.
(1) Application. Application for an improvement location permit shall be made on a form provided by the Zoning Administrator. The following information shall be provided on the application form:
(a) Property owner’s name, mailing address, phone number and/or email address;
(b) Applicant’s name, mailing address, phone number and/or email address, if different than owner;
(c) Written detailed description of the proposed project;
(d) Date submitted and signed;
(e) Signature of the applicant, testifying that they are authorized to represent the property; and
(f) Any other information requested on the application form.
(2) For permanent construction, installation, addition, alteration or relocation of a structure. The following supporting information, as applicable, shall be provided on a site plan, application form or as an attachment.
(a) Projects involving non-inhabitable structures not mounted on a permanent foundation.
1. A scaled drawing of the parcel with dimensions;
2. The building envelope (i.e., the resulting developable area after applying setbacks);
3. The location of existing structures (e.g., home, garage, sidewalk or driveway);
4. The location of the proposed structure;
5. A calculation of the existing lot coverage, expressed in a percentage;
6. A calculation of the lot coverage as it would be upon completing the project, expressed in a percentage; and
7. An affidavit stating the proposed project is not located within a floodplain or easement.
(b) Projects involving non-inhabitable structures mounted on a permanent foundation.
1. All requirements of division (D)(2)(a) above;
2. A scale drawing of the parcel with dimensions;
3. Existing adjacent rights-of- way, street easements or alley easements, and the name of the street or alley if applicable;
4. Easements on the parcel or adjacent to the parcel, including the name of the easement holder and a description of the terms of the easement; and
5. Denotation of any existing structure on adjacent parcels if within 20 feet of the subject parcel’s property line.
(c) Projects involving inhabitable buildings.
1. All requirements of division (D)(2)(b) above;
2. Denotation of the location of mature trees, greater than nine inches in caliper;
3. Elevation above sea level at the location of the project prior to alteration of land;
4. When reasonable evidence exists that the proposed structure is within 30 feet of a floodplain or wetland, the Planning Director may require a certification by a licensed engineer or surveyor that the proposed project is not on or within 30 feet of a floodplain or wetland;
5. Denotation of adjacent zoning districts if different than the subject parcel;
6. Location of existing or proposed drainage tile;
7. Denotation of where utilities lines will be run to the building and whether they are above or below grade;
8. Location of a septic system, reserve area for a replacement septic system, well, geothermal loop or other on-site utility system; and
9. Denotation of any existing structure on adjacent parcels if within 50 feet of the subject parcel’s property line.
(d) Complex or unique projects. The Zoning Administrator may require any additional information if reasonably necessary to determine if a complex or unique project complies with the provisions of this chapter. This may include the supporting information listed in § 165.487(D)(2)(i) for projects within the APO District.
(3) For permanent alteration to the land.
(a) Generally. The following supporting information, as applicable, shall be provided on a site plan, application form or as an attachment.
(a) Signed approval. A signed approval indicating the improvement meets all standards in Chapter 57, Erosion and Sediment Control of the city’s code of ordinances.
(E) Permit procedure.
(1) Substantially complete application. An application for an improvement location permit shall not be reviewed for approval until it is determined to be substantially complete by the Zoning Administrator. The Zoning Administrator must first verify that the application form and required supplemental information has been submitted correctly, and the applicable application fee is paid.
(2) Review the project’s compliance. After the application is verified as being substantially complete, the Zoning Administrator shall review the project to determine whether it complies with the chapter. The Zoning Administrator may consult with the City Engineer, Building Commissioner, Park Superintendent or any other person, department or group to determine if the project complies with all of the provisions of this chapter. During the review process, the Zoning Administrator may:
(a) Request additional information. During the process of rendering a decision, the Zoning Administrator may request additional information to be added to the site plan, application form or attachments;
(b) Exercise discretion. Some provisions within this chapter allow the Zoning Administrator to apply discretion to a decision. If such discretion is exercised, the Zoning Administrator shall describe the decision and cite the authority for that discretion; and
(c) Interpret this chapter. Because this chapter cannot address every possible unique situation, project features or land use, the Zoning Administrator shall interpret the intent of this chapter when not specifically addressed.
(3) Render a decision. The Zoning Administrator shall render a “decision to deny” or “decision to approve” based on the information submitted, project review, discretion exercised and interpretations made.
(4) Issuing an improvement location permit. If the proposed project complies with this chapter, the Zoning Administrator shall render a decision to approve, document the terms of the approval on the permit, and then issue an improvement location permit.
(5) Decision to deny. If the proposed project does not comply with this chapter, the Zoning Administrator shall not issue an improvement location permit. The Zoning Administrator shall internally document the reasons for not issuing an improvement location permit and send that information to the applicant by email or U.S. mail or by telephone. If an email is used to communicate denial, documentation that the email was received shall be included in the file. Similarly, if a phone call is used to communicate denial, documentation of the phone call shall be included in the file. If a proposed project does not comply with this chapter, the applicant may promptly revised the application, or may promptly pursue relief from this chapter.
(6) Allowance for revision prior to a decision. At the discretion of the Zoning Administrator, the applicant may be permitted to modify the site plan, application form or attachments prior to a decision by the Zoning Administrator.
(7) Allowance for revision after a decision. After a decision to deny, the applicant may promptly revise the site plan, application form or attachment in order to comply with this chapter without terminating the process.
(8) Pursuit of relief. After a decision to deny, the applicant may promptly pursue an administrative appeal, variance from development standards or variance of use. During an appeal for relief, the application for improvement location permit shall be suspended until the Board of Zoning Appeals rules on the matter.
(F) Duration.
(1) Procedural expiration. An application shall expire and be void after the applicant is notified of a decision to deny unless the applicant makes revisions to the application or pursues relief from the Board of Zoning Appeals within 30 days from notification.
(2) Commencement. After an improvement location permit is issued, the project shall commence within six months of the issuance date or shall become null and void.
(3) Expiration. After an improvement location permit is issued, the project shall be completed within 36 months of the issuance date or shall become null and void.
(4) Extensions. Upon request by the applicant, an improvement location permit may be extended one time for up to 12 months. The Zoning Administrator may grant the requested extension. Both the request for the extension and the Zoning Administrator’s decision concerning the extension shall be made part of the improvement location permit file.
(G) Modification after issuance of an improvement location permit. At the discretion of the Zoning Administrator, an improvement location permit may be modified if:
(1) Warranted. Warranted due to discoveries during construction or other significant finding; and
(2) Requested prior to initiation. Requested prior to permanent construction, installation, addition, alteration or relocation of a structure; prior to permanent alteration to the land; and prior to establishment of a new land or change an existing land use; or if:
(3) Warranted. Warranted due to discoveries during construction or other significant finding;
(4) Component is not completed. Requested prior to the applicable component of the project has been completed; and
(5) Not correcting a violation. The modification is not an attempt to correct a violation.
(H) If a modification is allowed. If a modification is allowed, the Zoning Administrator shall request any necessary information, shall review the modification for its compliance to this chapter, and then render a decision. If the proposed modification meets the provisions of this chapter, the improvement location permit may be amended and filed. If denied to be considered or denied for non-compliance, the modification shall be disallowed.
(Ord. 10-2010, passed - -2010, § 9.05)