Greentown City Zoning Code

IMPROVEMENT LOCATION

PERMITS

§ 156.145 APPLICABILITY.

(A) An improvement location permit issued and authorized by the Administrator or his or her designee shall be required for the following types of projects and changes:

(1) Construction of a new primary-use building, accessory building or other structure;

(2) Demolition of a primary-use building, accessory building, sign or other structure;

(3) Any structural alteration involved in the expansion, enlargement, conversion or repair of an existing primary-use building, accessory building or other structure;

(4) Placement, construction, erection or modification of any type of sign, except for those exempt signs listed in §§ 156.090 through 156.093 of this chapter;

(5) Moving an existing primary-use building, accessory building, sign or structure from one location to another either on the same lot or to another;

(6) Construction of decks and aboveground or in-ground swimming pools;

(7) Construction of fences;

(8) Changing the use or condition of the land, except for an agricultural use;

(9) Changing the use of the land under special uses as per § 156.132 of this chapter; and

(10) Changing the floodplain district under § 156.022 of this chapter.

(B) However, an improvement location permit is not required for:

(1) Interior or exterior maintenance which does not require structural alterations;

(2) Reroofing which does not require structural alterations;

(3) Landscaping, except as required by this or any other ordinance; and

(4) A portable or mobile storage shed up to 120 square feet in area.

Fee Schedule
Permit Type	Fee
Accessory uses:
All storage buildings or garages above 144 sq. ft. on foundations	$15
All storage buildings or garages above 144 sq. ft. on runners	$15
Fences	$15
Porches or decks	$15
Signs, permanent or portable (moving a sign or altering a sign)	$15
Storage buildings less than 144 sq. ft. on runners	$0
Swimming pools; above- or in-ground	$15
Additions (attachment to dwelling):
400 sq. ft. or less	$15
400 sq. ft. or more	$20
All demolitions (per § 156.145):
Permit	$15
Commercial / Industrial:
Additions	$50
New buildings	$100
Moving structures:
All structures (except for buildings 144 sq. ft. or less)	$15
Multi-family:
Building permit	$35 base fee, plus $5 per unit
New homes:
Building permit	$35

(D) All property needing a permit where there may be a question on the property line must have a certified stake survey or an agreement between all adjoining property owners, which must be recorded with the county’s Recorder before the permit will be issued. If disputes occur between property owners, then they will be handled by legal arbitration and not by the Town Council.

(Ord. 2002-5, passed 7-2-2002; Ord. 2002-12, passed 11-5-2002; Ord. 2005-5, passed 11-1-2005)

§ 156.146 CERTIFICATION OF COMPLIANCE.

[Reserved]

(A) No land or structure with respect to which a permit has been issued under § 156.145 of this chapter may be used for the purpose contemplated by the permit unless the Administrator, after the change is completed, issues a certificate of compliance stating that the change complies with this chapter and with the permit.

(B) Within ten days after the completion of the change authorized by the improvement location permit, the Administrator or his or her designee shall inspect the premises. If the change conforms to this chapter and the improvement location permit and a certification by a registered professional engineer of the state, if required by § 156.148 of this chapter, has been obtained, then the Administrator or his or her designee shall issue a certificate of compliance.

(Ord. 2002-5, passed 7-2-2002)

§ 156.147 SITE PLAN AND CONSTRUCTION DRAWINGS.

(A) In addition to all other required applications, information and permits from other governmental agencies, a person who applies for an improvement location permit under § 156.145 of this chapter must furnish the Administrator with plans drawn to scale showing details of the materials and structures and the information in divisions (A)(1) through (A)(5) below, and plans so furnished shall be kept by the Administrator as permanent records. The information to be furnished is as follows:

(1) The location and legal description of the land concerned, with the direction north shown by an arrow;

(2) The location and horizontal and vertical dimensions of all buildings and structures already on the land and of the proposed structures to be erected, with each part appropriately labeled “existing” or “proposed”, including parking, signage, landscaping and screenings;

(3) The distance of all proposed structures from all front, rear and side lot lines, measured from the point where the structure or its foundation is [reserved];

(4) For all improvements, the site plan and construction drawings shall provide all information as required by § 155.133 of this code regarding construction plans. Furthermore, all construction drawings for such improvements shall reflect all applicable requirements of §§ 155.040 through 155.050, 155.065 through 155.074, 155.085 through 155.100 and 155.115 through 155.117 of this code regarding general requirements and minimum standards for improvements; and

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

(B) As a condition of issuing a permit, the Administrator may require changes to the landscape plan upon recommendation of the Design Review Committee, the relocation of any structures or buildings or any entrance or exit, the inclusion of entrances or exists 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 for an appropriate balancing of the interests of persons in the district concerned and in the vicinity.

(Ord. 2002-5, passed 7-2-2002; Ord. 2005-1, passed 2-1-2005)

§ 156.148 IMPROVEMENT LOCATION PERMITS, INDUSTRIAL USES.

If an application for an improvement location permit relates to an industrial use, then it must be accompanied by a certification by a registered professional engineer of the state stating that the use will meet the performance standards of the district concerned.

(Ord. 2002-5, passed 7-2-2002)

§ 156.149 MOBILE HOMES.

(A) This section does not apply to mobile homes placed within approved mobile home parks or manufactured home communities as provided in § 156.039 of this chapter.

(B) Mobile homes shall be permitted as temporary uses within the jurisdiction of the municipality. Their placement as a temporary use is subject to the primary-use table and governed by this section.

(C) In the event that a single-family home has been damaged by any means and an improvement location permit has been issued for its replacement or reconstruction, the property owner may apply for an improvement location permit for a mobile home to be placed on the same property for a period not to exceed one year. No extensions of time shall be permitted by the Administrator.

(D) Application procedures and requirements shall be the same as for any other improvement location permit.

(E) Placement of the mobile home shall be subject to all use requirements and restrictions applicable to a single-family home.

(F) In addition to all other requirements, the property owner shall post a $1,000 cash bond in favor of the town, to be held by the Town Clerk. Said cash bond shall be returned without interest upon the removal of the mobile home and the issuance of a certificate of compliance for the constructed or reconstructed single-family home. Said cash bond may be drawn on by the Town Council at the Council’s discretion upon the advice of the Administrator that the property owner has failed to removed the mobile home either at the end of one year or within one week of the issuance of the certificate of compliance for the constructed or reconstructed single-family home, whichever occurs first. Said cash bond may be used to defray expenses incurred by the town for the removal of the mobile home or the legal costs directly associated with the enforcement of this section.

(G) This section is not intended, nor should it be construed, to limit the damages, whether legal or equitable, that the town may seek in the enforcement of this chapter, nor should this section be construed as authorizing any violation of this chapter, the subdivision ordinance or the designated uses of respective parcels of real estate.

(Ord. 2002-5, passed 7-2-2002)

§ 156.150 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 concerned.

(Ord. 2002-5, passed 7-2-2002)

§ 156.151 ISSUANCE OR DENIAL.

The Administrator shall accept only a complete application and shall issue the improvement location permit, or deny the application with a statement of reasons for the denial, within a period of eight working days following its submittal, excepting the longer period of time required for industrial uses as provided in § 156.148 of this chapter.

(Ord. 2002-5, passed 7-2-2002)

§ 156.152 APPEALS.

A decision of the Administrator under § 156.151 of this chapter may be appealed to the Advisory Board of Zoning Appeals.

(Ord. 2002-5, passed 7-2-2002)

§ 156.153 EXPIRATION.

An improvement location permit shall be valid for a period of one year, at which time it shall expire unless specifically extended by the Administrator or his or her designee upon good cause being shown.

(Ord. 2002-5, passed 7-2-2002)

§ 156.154 ADDITIONAL PROVISIONS FOR IMPROVEMENT LOCATION PERMITS AND CERTIFICATES OF COMPLIANCE.

(A) A certificate of compliance shall not be issued more than one year from the date of issuance of an improvement location permit unless said permit has been specifically extended by the Administrator or his or her designee.

(B) Any improvement location permit or certificate of compliance issued in conflict with any of the provisions of this chapter is null and void.

(Ord. 2002-5, passed 7-2-2002)

§ 156.999 PENALTY.

Any person, whether owner or possessor, who violates or permits or allows a violation of any of the provisions of this chapter, or who fails to comply therewith or with any requirements thereunder, or who builds, reconstructs or structurally alters any building in violation of any detailed statement or plan submitted and upon which an approval or grant has been given under this chapter, shall, upon complaint filed in any court of the county and upon judgment finding such violation, be fined not less than $10 and not more than $300, and each day that such violation or noncompliance is permitted to exist shall constitute a separate violation.