CHAPTER 214: ZONING CODE


ADMINISTRATION
§ 214.295 Purpose
§ 214.296 Administrative official
§ 214.297 Applicability
§ 214.298 Certificate of Occupancy
§ 214.299 Site plan and construction drawings
§ 214.300 Industrial uses: Certificate of Compliance
§ 214.301 Records
§ 214.302 Issuance or denial
§ 214.303 Appeals
§ 214.304 Expiration


§ 214.295 PURPOSE.
The purpose of this subchapter is to describe the process required for obtaining improvement location permits and the conditions which have to be met in order to obtain them. It also deals with occupancy permits. The issuance of such permits is absolutely critical for the implementation of a zoning ordinance with respect to both temporary and permanent improvements to structures, buildings and land.



§ 214.296 ADMINISTRATIVE OFFICIAL.

The Town hereby designates its Building Commissioner as the Administrator for the purpose of implementing this subchapter and has the principal responsibility for enforcing this subchapter. The Administrator may be assisted by other persons as the Town may direct. It shall be the duty of the Administrative Official and the Plan Commission to enforce the provisions of this subchapter in the manner and form and with the powers provided by the state.



§ 214.297 APPLICABILITY.

(A) No Use Variance, no change in a Flood Plain district may be made under §§ 214.170 through 214.171, and no other change in the use of land (except an Open Space use) that involves a change in any structure on or in any land, or in the condition of the land, may be made unless the Administrator on application, issues an improvement location permit authorizing the change.

(B) No building permit for a principal building or use shall be issued, unless the property for which the permit is being requested is a legal lot of record.



§ 214.298 CERTIFICATE OF OCCUPANCY.

(A) No application for an improvement location permit under § 214.297 may be considered unless the applicant has also applied for a certificate of occupancy.

(B) No land or structure with respect to which an improvement location permit has been issued under § 214.297 may be used for the purposes contemplated by the permit unless the Administrator, after the change is completed, issues a certificate of occupancy stating that the change complies with this subchapter and with the permit.

(C) Within ten (10) working days after the completion of the change authorized by the improvement location permit, the Administrator or his designee shall inspect the premises and, if the change conforms to this subchapter and to the location improvement permit, and that a certificate of compliance, if required by § 214.300, has been obtained, he shall issue a certificate of occupancy.



§ 214.299 SITE PLAN AND CONSTRUCTION DRAWINGS.

(A) In addition to all other applications, information and permits from all other governmental agencies, a person who applies for an improvement location permit under § 214.298 must furnish the Administrator with plans drawn to scale showing the following:

(1) The location and legal description of the land involved.

(2) The location and size of all buildings and structures already on the land and those to be erected, including parking, signage, landscaping and screening.

(3) The size of all entrances to and exits from the land, including all adjacent streets and highways.

(4) Detailed drawings showing all construction and materials.

(5) Elevation of all buildings to be constructed.

(6) Public sidewalk locations

(B) As a condition to issuing a permit, the Administrator may require changes to the landscape plan upon recommendation of the Plan Commission, the relocation of any structures or buildings, or of any entrance or exit, or the inclusion of entrances or exits not shown on the plan, or the deletion of any entrance or exit, if the requirement is necessary in the interest of the public welfare or to an appropriate balancing of the interests of the persons in the district and vicinity involved.



§ 214.300 INDUSTRIAL USES: CERTIFICATE OF COMPLIANCE.

If an application for an improvement location permit relates to an industrial use, it must be accompanied by a certificate of compliance, certified by a registered professional engineer of the state, stating that the use will meet the performance standards of the district concerned. After ten (10) working days have elapsed during which the Administrator has not required additional information or objected in writing, he shall issue the permit.



§ 214.301 RECORDS.

A record of each improvement location permit and each certificate of occupancy shall be kept by the Administrator. Upon request, a copy shall be furnished to any person having a proprietary or possessory interest in the premises involved.



§ 214.302 ISSUANCE OR DENIAL.

The Administrator shall accept only a complete application and issue the improvement location permit or deny the application together with a statement of reasons for the denial within a period of eight (8) working days following its submittal, except for the longer period of time required for industrial uses as provided in § 214.300.



§ 214.303 APPEALS.

A decision of the Administrator under § 214.302may be appealed to the Board of Zoning Appeals subject to the provisions of §214.321.



§ 214.304 EXPIRATION.

An improvement location permit shall be valid for a period of one (1) year, at which time it shall expire, unless work authorized by the improvement location permit is proceeding and inspections have been made by an official town inspector, in which case it shall remain in full force and effect.