(A)   The town hereby requires that an application and filing fee be submitted for the following formal petitions:

      (1)   Variances (developmental standards or use);

      (2)   Special exceptions;

      (3)   Improvement location permit;

      (4)   Certificate of occupancy;

      (5)   Subdivision plats/development plans;

      (6)   Planned developments;

      (7)   Zoning amendments (zoning map change);

      (8)   Administrative appeals;

      (9)   Voluntary annexations;

      (10)   Sign permit review (permanent and temporary);

      (11)   Building permits; and

      (12)   Change of use permits.

   (B)   All applications may be obtained through the Zoning Administrator’s office. Fees shall be paid at the Zoning Administrator’s office at the time of assignment of a docket number.

(Ord. 2002-05, passed 12-30-2002, § 14.1)

   (A)   Variances. The following procedure applies to variance petitions:

      (1)   Submit a variance application, required supportive information and application fee 30 days prior to the regularly scheduled Board of Zoning Appeals meeting;

      (2)   Plan Commission will review the variance application and required supportive information and make a favorable or unfavorable recommendation to the Board of Zoning Appeals;

      (3)   BZA will then review the variance application, required supportive information and opinion of the Plan Commission in a public meeting. The BZA may approve, deny or table the petition. The BZA may add conditions to an approval. Approvals shall only be granted upon finding of fact that there is a hardship; and

      (4)   The intensity of the variance may be reduced at the public hearing if approved by the BZA.

   (B)   Special exceptions. The following procedure applies to special exception petitions:

      (1)   Submit a special exception application, required information and application fee 30 days prior to the regularly scheduled Plan Commission meeting;

      (2)   The Plan Commission shall review the application, required information and testimony from the petitioner and public. The Plan Commission shall then make a favorable, unfavorable recommendation to the BZA; and

      (3)   The BZA shall then review the special exception application, required information, opinion of the Plan Commission, testimony of the petitioner and testimony of the public at its next regularly scheduled public meeting. The BZA may (the Board has discretionary powers) approve, deny or table the petition. The BZA may add conditions to an approval.

(Ord. 2002-05, passed 12-30-2002, § 14.1)

   (A)   Permits required. No building .structure, or major infrastructure shall be erected, moved, added to or structurally altered without an improvement location permit and building permit issued by the Zoning Administrator. No improvement location permit or building permit shall be issued by the Zoning Administrator unless the project is in conformity with the provision of this chapter. Changes of use or expansions of use also require an improvement location permit and change or expansion of use permit.

   (B)   Application for an improvement location permit.

      (1)   All applications for improvement location permits shall be accompanied by:

         (a)   The common address for subject property and parcel number;

         (b)   A site location map showing context around subject property (aerial or USGS maps are preferred);

         (c)   Plans drawn to scale showing the actual dimensions and shape of the lot to be built upon;

         (d)   The exact sizes and locations on the lot of all buildings, wells and septic systems already existing, if any;

         (e)   The location and dimensions of the proposed building or alteration;

         (f)   Building setback distances from all property lines, and from existing and proposed road rights-of-way;

         (g)   Elevations of all sides of proposed buildings;

         (h)   Location of floodplain boundaries or wetlands; and

         (i)   Drainage outlets.

      (2)   The application shall also include such other information as lawfully may be required by the Planning Commission or Zoning Administrator to determine conformance with and provide for the enforcement of this chapter including:

         (a)   Elevations of the existing or proposed building or alteration;

         (b)   Detailed description of the existing or proposed uses of the building and land;

         (c)   The number of families, dwelling units or rental units the building is designed to accommodate;

         (d)   Natural, physical or hazardous conditions existing on the lot; and

         (e)   Landscape plan;

         (f)   Lighting plan; and

         (g)   Drainage plan.

      (3)   The approved plans and application materials shall be retained by the Commission or Zoning Administrator.

   (C)   Expiration of permits.

      (1)   Initiation of work. If the work described in any improvement location permit has not begun within four months from the date of issuance, said permit shall expire; no written notice shall be given to the persons affected.

      (2)   Completion of work. If the work described in any improvement location permit has not been completed within two years for a primary structure or one year for accessory structures of the date of issuance thereof, said permit shall expire; no written notice of expiration shall be given to the persons affected. Work shall not proceed unless and until a new improvement location permit has been obtained.

      (3)   Extensions. The Zoning Administrator may give three extensions for up to three months each for work completion. Requests for extensions must be received within one months of the expiration. A fee will be charged.

   (D)   Construction according to permits and permit application. 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. Any other use, arrangement or construction not authorized shall be deemed as a violation of this chapter and subject to an order of removal, mitigation or penalty fees.

(Ord. 2002-05, passed 12-30-2002, § 14.3)

   The town hereby requires that an improvement location permit/building permit be obtained for the following:

   (A)   All residential dwellings;

   (B)   Mini-barns over 120 square feet without a foundation; or any size with a foundation;

   (C)   Other detached residential accessory buildings (with foundation or overhead structures);

   (D)   Detached and attached garages and carports;

   (E)   Temporary structures;

   (F)   Signs;

   (G)   Swimming pools (in-ground or above ground);

   (H)   Alterations, modification, remodeling or additions to all structures;

   (I)   Tents (commercial only);

   (J)   Demolition;

   (K)   All commercial, industrial and institutional buildings;

   (L)   Structures other than buildings (including satellite dish, towers, antennas);

   (M)   Surface and subsurface drainage work (including land alteration) excluding agricultural uses;

   (N)   Street cuts;

   (O)   Curb cuts;

   (P)   Storm sewer hookups;

   (Q)   Removal of trees and plants within buffer yards and approved landscaping otherwise required by this chapter;

   (R)   Adding or subtracting dwelling units or leased space in multi-family or commercial structures;

   (S)   Placement or moving of manufactured or mobile homes;

   (T)   Parking lot construction, alteration or removal;

   (U)   Ponds or lakes;

   (V)   Mineral extraction;

   (W)   Telecommunication facilities;

   (X)   Any exterior construction that adds to or alters the height, building materials of the existing structure; and

   (Y)   Any change of use or expansion of use of property.

(Ord. 2002-05, passed 12-30-2002, § 14.4)

   It shall hereby be declared unlawful and in violation of the provisions of this chapter for any builder or property owner to allow any new or significantly remodeled structure to become occupied or utilized prior to:

   (A)   Legally obtaining an improvement location permit/building permit;

   (B)   Passing a final inspection; and

   (C)   Receiving an certificate of occupancy permit from the Zoning Administrator.

(Ord. 2002-05, passed 12-30-2002, § 14.5)

   (A)   Application. Application for a permit shall be filed with the Plan Commission and shall be accompanied by information as may be required by the Plan Commission to assure compliance with the laws and regulations of the town, including:

      (1)   Name and address of the property owner of the premises on which the sign is located or is to be located;

      (2)   Name and address of the owner of the sign;

      (3)   Clear and legible drawings with description showing the location of the sign which is the subject of the permit; and

      (4)   All signs on the same parcel or owned by the same business must be noted.

   (B)   Permit fees. The permit fee as specified by the official fee schedule shall be paid to the Clerk- Treasurer. If any sign is hereafter erected, placed, installed or otherwise established on any property before obtaining a permit as required herein, the fees specified shall be doubled. Payment of such double fee shall not relieve any person from compliance with other provisions of this code and penalties prescribed herein.

   (C)   Effect of sign permit issuance. A sign permit issued under the provisions of this subchapter 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.

   (D)   Nullification. A sign permit shall become null and void if work has not been started within 12 months of the date of the permit or completed within 18 months of the date of the permit.

   (E)   Permit exceptions. The following shall not be considered as creating a sign and therefore shall not be required to have sign permit unless other specified.

      (1)   Changeable copy. The changing of advertising copy or message on an approved sign such as a theater marquee and similar approved signs which are specifically designed for use of replaceable copy.

      (2)   Maintenance. Painting, repainting, cleaning or other normal maintenance and repair of a sign or sign structure unless a structural change is involved, or a change in copy is involved.

      (3)   Exempt signs. Exempt signs as described in GS-01(A)(6).

(Ord. 2002-05, passed 12-30-2002, § 14.6)

   (A)   Application. Application for a permit shall be filed with the Zoning Administrator and shall be accompanied by information as may be required by the Plan Commission to assure compliance with the laws and regulations of the town, including:

      (1)   Name and address of the property owner of the premises on which the sign is located or is to be located;

      (2)   Name and address of the owner of the sign; and

      (3)   Clear and legible drawings with description showing the location of the sign which is the subject of the permit.

   (B)   Permit fees. The permit fee as specified by the official fee schedule shall be paid to the Clerk- Treasurer. If any sign is hereafter erected, placed, installed or otherwise established on any property before obtaining a permit as required herein, the fees specified shall be doubled. Payment of such double fee shall not relieve any person from compliance with other provisions of this code and penalties prescribed herein.

(Ord. 2002-05, passed 12-30-2002, § 14.7)

   (A)   The Town Council shall maintain an official fees schedule for permits and processes outlined in this chapter. Penalties, collection procedures for permits and penalties, appeals process and other petition processes pertaining to this chapter are a part of this chapter. The fees schedule shall be available to the public in the office of the Clerk-Treasurer and Zoning Administrator. The Fees Schedule may be amended by a recommendation submitted to the Town Council by the Planning Commission followed by the Town Council approving said amendments by resolution.

   (B)   Until all applicable fees, charges and expenses have been paid in full, no final action shall be taken on any permit application, appeal or petition.

   (C)   Any person or persons who shall initiate construction of a structure or change of use of structure or property prior to obtaining an improvement location permit/building permit or any other required permit shall pay up to three times the amount of the normal permit fee.

(Ord. 2002-05, passed 12-30-2002, § 14.8)