§ 194.216  IMPROVEMENT LOCATION PERMITS.
   (A)   Improvement location permit required. In order to ensure that the provisions of this chapter relative to: how real property is developed, maintained and used; the requirements for site conditions, such as ponds, fills, landscaping and utilities; provisions for the treatment of uses, structures or conditions that are in existence; and restrictions on development in areas prone to flooding; any building, structure, improvement, sign, use of land or clearance of land may be altered, changed, placed, erected, located or allowed unless the building, structure, improvement, sign, use of land or clearance of land and its location conform to the provisions of this chapter and an improvement location permit for the alteration, change, placement, erection or location of such building, structure, improvement, sign, use of land or clearance of land has been issued an improvement location permit for the clearance of land shall not be issued until primary plat approval (for land located in the R-SF-1, R-SF-2, R-SF-3 and R-V Districts) or development plan approval (for land located in any district, except the O-1 District), has been obtained from the Plan Commission for the applicable land.
   (B)   Duration of improvement location permit.
      (1)   An improvement location permit shall be valid for the longer of:
         (a)   One year after date of issuance; or
         (b)   The length of any required building permit, if such building permit is obtained for the building, structure, improvement or sign covered by the improvement location permit within one year after the date of issuance of the improvement location permit.
      (2)   The Building Commissioner 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 six months.
   (C)   Review of improvement location permit; application.
      (1)   Improvement location permits for single-family and two-family dwellings and related accessory buildings or structures. The staff may take up to five business days to study an application for an improvement location permit. During such five business day period, the staff may consult with other appropriate technical consultants. If, after such five-day period, the staff 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 staff shall issue the improvement location permit. Improvement location permits for all: multi-family, commercial, industrial or special exception buildings, structures, improvements or uses; signs; and accessory buildings, structures or improvements related to multi-family, commercial, industrial or special exception uses. The staff may take an additional ten business days, beyond the review period specified above, in which to study the application, during which time the staff may consult with other appropriate technical consultants. If, after such additional ten-day period, the staff 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 staff shall issue the improvement location permit.
      (2)   Improvement location permit for all multi-family, commercial, industrial or special exception buildings, structures, improvements or uses. An application for an improvement location permit for any multi-family, commercial, industrial or special exception building, structure, improvement or use required to obtain a construction design release from the state shall be certified by a registered professional engineer or architect verifying that the building, structure, improvement or use intended will be in compliance with all applicable use regulations, development standards and performance standards of the district in which the building, structure, improvement or use is to be located.
      (3)   Improvement location permits for buildings, structures, improvements, signs or uses authorized by special exception or variance. In addition to the requirements above, an improvement location permit for a building, structure, improvement, sign or use authorized by special exception or variance shall not be issued until receipt by the staff of written notice from the Board that the application therefor has been approved by the Board; and, a determination by the staff that said improvement location permit application is in full compliance with the terms of any conditions which may have been imposed by the Board and commitments which may have been made by the owner.
   (D)   Public or semi-public sanitary sewer required. An application for an improvement location permit for any building, structure, improvement or use shall not be approved until it has been ascertained by the staff that:
      (1)   The proposed building, structure, improvement or use will be served by a public or semi- public sanitary sewer system; or
      (2)   The proposed building, structure, improvement or use will be served by a septic system or other method of sanitary waste disposal approved by the town’s Fire and Building Department.
   (E)   Appeal of determination. Any determination by the staff 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.
   (F)   Record of permits. A record of all improvement location permits shall be kept on file in the office of the Director of Planning and Economic Development 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.
   (G)   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 said building, structure, improvement or sign deviate from the plans filed with the improvement location permit application and approved by the staff, the builder, developer or owner shall make application for an amended improvement location permit. The staff 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, covenants or restrictions. If such amended improvement location permit application is found to be in compliance, the staff shall issue an amended improvement location permit any determination by the staff 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.
   (H)   General exemptions. Notwithstanding anything contained in this subchapter to the contrary, no improvement location permit shall be required for minor repairs or alterations to buildings, structures, improvements or signs where:
      (1)   The cost of such repairs or alterations does not exceed $500; and
      (2)   There is no increase in finished floor area, useable space, or any dimension of any portion of a sign.
   (I)   Revocation in event of violation. If the staff determines that construction or development is proceeding or has proceeded in violation of any applicable law, ordinance, rule, regulation, site plan, zoning commitment or condition of 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 staff may revoke said improvement location permit in the event that an improvement location permit is revoked, the staff shall send written notice of the revocation to the permit applicant.
(Ord. 2000-16, passed 8-28-2000, § 9.2; Ord. 2013-12, passed 10-7-2013)