No permit shall be issued unless the proposed structure or use of structure or land is in complete conformity with the provisions of this appendix and all other ordinances, or unless a written order is received from the BZA, the Plan Commission or a court in accordance with this appendix and state legislation.

   A.   A building permit shall be obtained before any structure may be constructed, reconstructed, moved, enlarged or structually altered. If a building permit is issued, the applicant shall apply for an occupancy permit, which permit shall not be issued until the structure is complete and compliance with all ordinances is in evidence.

   B.   An occupancy permit shall be obtained before any person may:

      1.   Occupy or use any vacant land;

      2.   Occupy or use any structure hereafter constructed, reconstructed, moved, enlarged, structurally altered or placed on property;

      3.   Change the use of a non-conforming use;

      4.   a.   Occupancy permit may be obtained upon completion of heating, electrical, plumbing and enclosure of structure and filing with the Town Engineer and Building Commissioner as-built drawings showing actual location, size, design and material of all sewer lines; water lines, including shut-off valves, meters, buffalo boxers; storm sewers; lift stations; and any other facility to which the town or any agency thereof may require access or which, upon completion, will become public property; and location survey showing actual location of improvements on lot or parcel.

         b.   A temporary occupancy permit may be issued for a period not exceeding six months during alterations or partial occupancy of land or structures, provided that such temporary permit may include such conditions and safeguards as necessary to protect the safety of the occupants and the public.

      5.   The Building Commissioner may issue temporary occupancy permit only under the following circumstances.

         a.   The Building Commissioner has inspected the premises and finds the same to substantially comply with the ordinances of the town, the rules and regulations of the Administrative Building Council of the state when applicable, and that the premises are safe and habitable.

         b.   The reason for the inability of the Building Commissioner to issue an occupancy permit shall be reduced to writing, delivered to any person over the age of 18 years who is going to occupy the premises.

         c.   The Building Commissioner received from all proposed occupants of the premises over 18 years of age a written indemnity holding the town harmless from any and all causes of action for damage or injury which may result by reason of issuing said temporary occupancy permit and a statement which may be part of the indemnity acknowledging the cause for which no occupancy permit is issued and further acknowledging that if the cause is not cured within the time prescribed by the Building Commissioner those who occupy the premises agree to vacate unless otherwise so ordered by the Building Commissioner.

      6.   No occupancy permit shall be issued by the Building Commissioner unless he or she is satisfied that all corners of the lot or parcel to be occupied have been staked with a five-eighths-inch diameter by 36-inch steel rod or a one-inch by 36-inch steel pipe by a registered land surveyor in the state.

   C.   No building permit or occupancy permit shall be required for:

      1.   Lot and yard improvements such as play equipment and landscaping;

      2.   Signs with a value of less than $25; and

      3.   Routine maintenance.

   D.   For any repair or remodeling of existing structures or buildings where structural changes or electrical or plumbing changes are involved, a building permit shall be required. However, if electrical or plumbing work is done in a private single-family home by the owner of the home, a building permit will not be required for this specific work.

   E.   Applications for permits shall be accompanied by a plat which is drawn to scale and shows clearly and completely:

      1.   The location, dimensions and nature of the property;

      2.   The location and dimension of any existing or proposed structures;

      3.   All adjoining thoroughfares and any existing or proposed access to these thoroughfares;

      4.   The existing and proposed use of all structures and land; and

      5.   Such other information as may be necessary to determine conformance with this appendix.

   F.   If the work described in any permit has not begun within 180 days from the date of issuance thereof, same permit shall expire.

   G.   If  the work described in any permit has not been substantially completed within two years of the date of issuance thereof, said permit shall expire.

   The following filing fees shall be charged for applications for permits or for petitions: (No part of any filing fee paid pursuant to this section shall be returnable to the applicant or petitioner.)

   A.   Building permit: as set forth in § 5-44 of this code of ordinances, and electrical permits as set forth in § 5-87 of this code of ordinances; and

   B.   Occupancy permit: $20 in addition to the fees in § 5-44 of this code of ordinances.