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La Salle City Zoning Code

ARTICLE VI

PROCEDURES AND SUBMITTAL REQUIREMENTS

Sec. 16-141.- Determination of appropriate procedures and submittal requirements.

Zoning regulates the use of land. It determines potential uses for specific sites, the intensity of those uses and the minimum lot size and dimensions.

(1)

Uses allowed by right. The interpretation of what constitutes a use allowed by right in CBD, commercial and industrial districts shall be made by the planning and zoning commissions or their designated official as outlined in this subsection (1). If the owner of a specific parcel desires to change the use of the property (from single-family residential to retail, for example) or to expand the existing use, the proposed use shall be a use which is allowed in the zoning district in which the property is located.

a.

Designated official means the town clerk, secretary to the planning and zoning commissions and/or the building inspector who may determine if a use is allowed by right only upon determining that all of the following criteria factors are found to be in compliance:

1.

The proposed use is a use permitted in the designated district.

2.

Site plan requirements have been met.

3.

Density, lot width, setbacks, open space and building/structure height have been met.

4.

Parking requirements have been met.

5.

The signage proposed has been found to be in compliance with this chapter and the plans submitted.

6.

All other requirements found in article IV of this chapter have been met.

7.

All other applicable ordinances and regulations have been met.

b.

If the aforementioned are found to be in compliance, the designated official may grant approval of the use and may waive the appearance before the planning and zoning commissions. The designated official shall provide the planning and zoning commissions, at the next regular meeting, with copies of the proposal and inform the commissions in writing of all action taken. If any one of the aforementioned requirements is not found to be in compliance, a review by the planning and zoning commissions at the next regular meeting shall be required.

(2)

Uses allowed subject to a public hearing. If the use is not permitted by right, the use may be allowed subject to a public hearing before the planning and zoning commissions and approval by the board of trustees. Such uses are delineated in article III of this chapter. Uses which are subject to a public hearing are considered to have the potential for greater impact on surrounding land uses and therefore are reviewed in an attempt to identify and mitigate potential negative impacts. If the use is permitted only subject to a public hearing, then the owner shall follow the provisions of section 16-145.

(3)

Conditional use review. Inasmuch as this chapter attempts to classify all likely land uses into zoning districts, certain land uses are permitted in particular zoning districts as a use permitted, a use permitted subject to a public hearing or an accessory use. If this chapter does not identify a land use as a use permitted, a use permitted subject to a public hearing or an accessory use, the use may be identified as a conditional use. A conditional use shall not be permitted until authorization has been obtained from the board of trustees pursuant to section 16-146.

(4)

Change of zoning designation. The property owner, planning and zoning commissions or the board of trustees may wish to apply to have the zoning designation of the property reviewed and considered for an amendment to either a more restrictive or a less restrictive designation (section 16-142) or may initiate proceedings to have the provisions of the district amended (section 16-81). The planning and zoning commissions and the board of trustees will apply several criteria in reviewing these requests:

a.

The consistency of the proposed change with the town's master plan.

b.

The occurrence of a clerical or administrative error in the application of the zoning regulations, which if corrected shall allow the proposed use.

c.

The demonstration of a substantial change in the character of the area which has occurred since the adoption of the zoning ordinance and which would allow the proposed use to be consistent with the character of the neighborhood to which the zoning designation is applied.

d.

The town should avoid distinctive zoning for isolated parcels of land which can create a patchwork of potentially incompatible uses.

(5)

Site plan review. When the proposed use is permitted by the zoning district, the specific characteristics of the proposed use are reviewed by the planning and zoning commissions and the board of trustees for their consistency with the master plan. All developments, except the construction of single-family dwellings in the low density residential district, shall submit site plans for review by the planning and zoning commissions and the board of trustees as described in section 16-143.

(6)

Building Code. The town building code controls the design, construction, alteration, repair, quality of materials, use and occupancy and related factors of any building or structure within the town's jurisdiction as described in section 16-144.

(7)

Submittal requirements. Applicants shall comply with the submittal requirements within the applicable sections of this chapter.

(Prior zoning regs., § 501; Code 1992, § 16-141; Ord. No. 1-1992, § 1)

Sec. 16-142. - Change of zoning designation; procedures and submittal requirements.

(a)

Requests. The planning and zoning commissions shall consider and make recommendations to the board of trustees on requests for rezoning as have been submitted in compliance with the provisions of this section and all other applicable sections of this chapter. Such requests shall be considered at the regularly scheduled planning and zoning commissions meeting. If the planning and zoning commissions determine that additional information and study are required for any proposed zoning change, they may defer final consideration of such proposal to the next regular meeting. All information and requirements as set forth in this section shall be submitted to the town clerk.

(b)

Applications. Applications for rezoning shall be prepared on application forms as furnished by the town clerk. The applicant shall complete the forms, submit them together with additional information, as may be required by the town, filing fees determined according to the schedule of fees in section 16-201, and comply with the submittal time as set forth in this section in order to be placed on the agenda of the planning and zoning commissions meeting. Each zone district change shall require a completely separate application and filing fee, regardless of any or all of the following circumstances:

(1)

The properties are contiguous.

(2)

The properties are under the same or different ownership.

(3)

The properties are to be a part of one single development project.

(4)

The proposed rezonings are being applied for at the same time.

(c)

Submittal requirements. Aside from the information requested on the application form, the applicant shall furnish the following:

(1)

Location map showing adjacent streets and alleys, and adjacent zone districts.

(2)

Proof of ownership, satisfactory to the town, shall be established in one of the following forms:

a.

Title policy;

b.

Title opinion;

c.

Title memorandum;

d.

Deed; or

e.

Current tax receipt.

(d)

Filing fees. Accompanying all applications for rezoning shall be a filing fee to be determined according to the schedule of fees in section 16-201. In addition, applicants shall pay all costs of posting and recording fees. In no event shall all or any portion of the filing fee be refunded.

(e)

Submittal time. All applications, additional information and filing fees as set forth in this section shall be submitted to the town clerk not less than 30 days prior to consideration by the planning and zoning commissions.

(f)

Fact-finding hearing required. No rezoning shall be considered and no ordinance rezoning any property shall become effective until after a fact-finding hearing before the planning and zoning commissions and public hearing before the board of trustees in relation thereto.

(g)

Board of trustees action. The board of trustees, within 60 days following consideration and recommendation by the planning and zoning commissions, shall consider the zoning change.

(h)

Basis for approval. The planning and zoning commissions and the board of trustees shall give consideration to and satisfy themselves to the following:

(1)

That the applicant has demonstrated that there has been a substantial change in the character of the neighborhood and that the character of the neighborhood is now consistent with the zoning requested.

(2)

That a need exists to correct a clerical or administrative error by the proposed amendment.

(3)

That the applicant has demonstrated that the proposed amendment is consistent with the spirit and intent of the town's master plan and that it shall not be contrary to the general welfare and economic prosperity of the town or the immediate neighborhood.

(Prior zoning regs., § 502; Code 1992, § 16-142; Ord. No. 1-1992, § 1)

Sec. 16-143. - Site plan review; procedures and submittal requirements.

(a)

Applications. Applications for approval of a site plan shall be prepared on forms furnished by the town clerk. The applications shall be filed in full and submitted along with all additional requirements set forth hereunder to the town clerk. Such application shall be made by the owners of the entire land area to be included within the site plan. Proof of ownership, satisfactory to the town, shall be established in one of the following forms:

(1)

Title policy;

(2)

Title opinion;

(3)

Title memorandum;

(4)

Deed; or

(5)

Current tax receipt.

(b)

Filing fees. Accompanying all applications shall be a filing fee to be determined according to the schedule of fees in section 16-201. In addition, applicants shall pay all costs of recording fees. In no event shall all or any portion of the filing fees be refunded.

(c)

Submittal requirements. All applications shall include the following information:

(1)

Title by which the proposed development is to be referred.

(2)

Scale, north point and date of preparation.

(3)

Location of municipal boundaries at or near the development.

(4)

Parcel size in gross and net acres and square feet.

(5)

Total number, type and density per type of dwelling units.

(6)

Total bedrooms per each dwelling unit type.

(7)

Residential density (gross and net).

(8)

Estimated total floor area and estimated ratio of floor area to lot size, with a breakdown by land use.

(9)

Proposed coverage of buildings and structures, including the following:

a.

Percentage and square footage of building coverage;

b.

Percentage and square footage of driveway and parking;

c.

Percentage and square footage of public street right-of-way;

d.

Percentage and square footage of open space or landscaped area; and

e.

Percentage and square footage of active recreational use area.

(10)

Number and location of off-street parking, including guest, spaces for persons with disabilities, bicycle and motorcycle parking, including typical dimensions of each.

(11)

Topographic contours at two-foot intervals.

(12)

Watercourses, water bodies and irrigation ditches.

(13)

Floodplain.

(14)

Unique natural features, significant wildlife area and vegetative cover, including existing trees and shrubs, having a diameter greater than 2½ inches by species.

(15)

Tentative location, floor area and three-dimensional envelopes of existing and proposed buildings.

(16)

Proposed lot lines and dimensions.

(17)

Boundary and square footage of each area designed as active recreational use.

(18)

Location and acreage of common open areas and all public and semi-public land uses, including public parks, recreation areas, school sites and similar uses.

(19)

Maximum building heights of all structures.

(20)

The existing and proposed circulation system of streets, including off-street parking areas, service areas, loading areas and major points of access to public rights-of-way, including major points of ingress and egress to the development. Notations of proposed ownership, public and private, shall be included where appropriate. Width of rights-of-way and paved surface for each street shall be shown.

(21)

Existing zoning.

(22)

The proposed treatment of the perimeter of the development, including materials and techniques used, such as screens, fences, walls and other landscaping.

(23)

Proposed signage.

(24)

The area shown on the site plan shall extend beyond the property lines of the proposal to include a survey of the area and uses within 150 feet of the proposal at the same scale as the proposal and including the following:

a.

Land uses and location of principal structures;

b.

Densities of residential uses;

c.

Existing trees and major features of landscape;

d.

Topographic contour at two-foot intervals; and

e.

Traffic circulation system.

(d)

Action before the planning and zoning commissions. All applications under this section shall be reviewed for completeness by the town clerk and, if found to be complete, shall be transmitted to the planning and zoning commissions for study, fact-finding public hearing, consideration and recommendation prior to final action by the board of trustees. Any approval hereunder may establish necessary conditions and limitations.

(e)

Board of trustees action, plan filed. After completing their review of an application under this section, the planning and zoning commissions shall forward such application and all pertinent data, together with their recommendations for approval or disapproval, to the board of trustees for action as follows:

(1)

The board of trustees shall, within 60 days after receipt of the recommendations from the planning and zoning commissions, consider the proposed site plan. If the board of trustees shall disapprove the site plan, such disapproval may either be final or the board of trustees may disapprove the site plan and refer the same back to the planning and zoning commissions for further consideration in conformity with the recommendation of the board of trustees.

(2)

Upon approval of the proposed site plan by the board of trustees, the town clerk shall register a copy of the approved plan among the town clerk's records.

(f)

Submittal time. All applications, additional information and filing fees, to be determined according to the schedule of fees in section 16-201, shall be submitted to the town clerk not less than 30 days prior to consideration by the planning and zoning commissions.

(g)

Basis for approval. The planning and zoning commissions shall give consideration to and satisfy themselves to the following:

(1)

That the applicant has demonstrated that the proposed site plan is consistent with the spirit and intent of the town's master plan and with applicable town standards and criteria.

(2)

That the site plan would not be contrary to the general welfare and economic prosperity of the town or the immediate neighborhood.

(Prior zoning regs., § 503; Code 1992, § 16-143)

Sec. 16-144. - Building review procedures.

(a)

Application. Application forms for a building permit are available from the town clerk and shall be submitted with the appropriate fees and supporting information to the town clerk.

(b)

Compliance with zoning district provisions. Applications for a building permit shall be reviewed by the building inspector for compliance with the appropriate zoning district provisions.

(c)

Issuance of a permit. The building inspector, or his or her authorized representative, shall have the authority to issue building permits, upon finding compliance of the application with the appropriate zoning district provisions and with the adopted building regulations.

(Prior zoning regs., § 504; Code 1992, § 16-144; Ord. No. 1-1992, § 1)

Sec. 16-145. - Uses permitted subject to a public hearing.

(a)

Authority. Certain uses, as specified in this chapter, are permitted only subject to a public hearing before the planning and zoning commissions and approval by the board of trustees. When authorization for such a use is sought, the procedure shall be as set forth in this section.

(b)

Application. Applications for approval of a use permitted subject to a public hearing shall be filed with the town clerk not less than 30 days prior to consideration by the planning and zoning commissions. Applications shall be prepared on forms furnished by the town clerk. Such application shall include the following information. An authorized representative of the town may exclude any of the following information if based on his or her opinion it would not be necessary to process the application:

(1)

The use being sought and a description of the manner of use.

(2)

A legal description and address of the premises on which the use is to be conducted.

(3)

The name and address of the applicant, who shall be the owner of the described premises, and proof of such ownership, satisfactory to the town, in one of the following forms: title policy, title opinion, title memorandum, deed or current tax receipt. If the application is being made by someone other than the owner, the applicant shall submit evidence, satisfactory to the town, of his or her right of possession and authorization from the owner of the proposed use and application.

(4)

A plot plan drawn to scale and complete in detail which shall show the following:

a.

The land area, in feet, which is included within the premises, the present zoning classification of the designated area and all public and private rights-of-way and easements bounding and intersecting the designated area.

b.

The location of each existing and each proposed structure and the distance in feet to all property lines in the designated area, the use or uses to be contained therein, the number of stories, gross floor area and approximate location of entrances and loading points thereof.

c.

The location of outside facilities for waste disposal.

d.

All curb cuts, driving lanes, parking areas with parking spaces marked, loading areas, public transportation points and illumination facilities for the same.

e.

All pedestrian walks, malls and open areas for use by tenants or members of the public.

f.

The location and height of all walls, roof screening, fences and screen planting.

g.

The location, size, height, orientation of all signs and distance in feet to all property lines.

h.

The types of surfacing, such as paving, turfing or gravel, to be used at the various locations.

i.

The location and type of landscaping.

(c)

Costs. The applicant shall be responsible for all costs of advertising, processing, posting, recording fees and other outside costs incurred by the town. The town clerk shall be responsible for maintaining records and billing the applicant.

(d)

Action before the planning and zoning commissions. All applications under this section shall be reviewed for completeness by the town clerk and, if found to be complete, shall be transmitted to the planning and zoning commissions for study, fact-finding and/or public hearing, consideration and recommendation prior to final action by the board of trustees. Any approval hereunder may establish necessary conditions and limitations. The following criteria factors shall be applied by the planning and zoning commissions in reviewing each application:

(1)

Is the proposed land use consistent with the master plan?

(2)

Is the proposed land use compatible with the surrounding land uses in the specific area? Is the proposed land use substantially dissimilar from existing land uses? Is the density compatible?

(3)

Will the proposed activity create any adverse environmental influences on the surrounding area? For example: Will the proposed use generate excessive dust, odors, fumes, noise glare or vibration?

(4)

Does the proposed land use create adverse ecological or environmental impacts?

(5)

Will the proposed activity generate additional traffic and congestion in the area? Will existing transportation systems be overburdened by the intended activity? Are egress and ingress areas appropriately and safely located?

(6)

Have the minimal required number of parking spaces been provided for off-street parking? Is the internal circulation plan convenient and safe for residential traffic, pedestrian ways, landscaping, delivery service and fire and police protection?

(7)

Is arrangement of buildings and vehicular open spaces such that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic?

(8)

Will the proposed activity cause an unreasonable service demand on municipal services such as police and fire protection, water, sewer and drainage facilities?

(9)

Have adequate water, sewer and drainage facilities been provided?

(10)

Is there proper arrangement of signs and lighting devices with respect to traffic control devices? Are lights and signs controlled to protect adjoining residential areas?

(11)

For business or industrial uses near or abutting residential districts, fences, walls or year-round planting may be required when necessary to shield adjacent residential neighborhood character.

(e)

Board of trustees action, plan filed. After completing their review of an application under this section, the planning and zoning commissions shall forward such application and all pertinent data, together with their recommendations for approval or disapproval, to the board of trustees for action as follows:

(1)

The board of trustees shall, within 60 days after receipt of the recommendations from the planning and zoning commissions, consider the proposed use. If the board of trustees shall disapprove the proposed use, such disapproval may either be final, or the board of trustees may disapprove the use and refer the same back to the planning and zoning commissions for further consideration in conformity with the recommendation of the board of trustees.

(2)

Upon approval of a proposed use by the board of trustees, the town clerk shall register a copy of the approved plot plan among the town clerk's records.

(Prior zoning regs., § 505; Code 1992, § 16-145; Ord. No. 1-1992, § 1)

Sec. 16-146. - Conditional use review.

(a)

Authority. Certain uses not specified in this chapter are permitted as a conditional use and shall be subject to a public hearing before the planning and zoning commissions and approval by the board of trustees. When authorization for such a use is sought, the procedure shall be as set forth in this section.

(b)

Application. Applications for approval of a conditional use shall be filed with the town clerk not less than 30 days prior to consideration by the planning and zoning commissions. Applications shall contain the following information:

(1)

The use being sought and a description of the manner of use.

(2)

A legal description and address of the premises on which the use is to be conducted.

(3)

The name and address of the applicant who shall be the owner of the described premises. Proof of such ownership, satisfactory to the town, in one of the following forms: title policy, title opinion, title memorandum, deed or current tax receipt. If the application is being made by someone other than the owner, the applicant shall submit evidence, satisfactory to the town, of the underlying property owner's consent to the proposed use, i.e., letter of consent, license, lease, permit, etc.

(4)

Names of all owners of property within a 300-foot radius of the property in question.

(5)

A plot plan drawn to scale in original ink and complete in detail which shall show the following:

a.

The land area, in feet, which is included within the premises, the present zoning classification of the designated area, the land area of abutting properties and the present zoning classification thereof, all public and private rights-of-way and easements bounding and intersecting the designated area.

b.

The location of each existing and each proposed structure and the distance in feet to all property lines in the designated area, the use or uses to be contained therein, the number of stories, gross floor area and location of ingress and egress and loading points thereof.

c.

The location of outside facilities for waste disposal.

d.

All curb cuts, driving lanes, off-street parking areas with parking spaces marked, loading areas, public transportation points and illumination facilities for the same.

e.

All pedestrian walks, malls and open areas for use by members of the public.

f.

The location and height of all walls, roof screening, fences and screen planting.

g.

The location, size, height, orientation of all signs and distance in feet to all property lines.

h.

The types of surfacing, such as paving, turfing or gravel, to be used at the various locations.

i.

The location and type of landscaping.

(c)

Filing fees. Accompanying all applications shall be a filing fee to be determined according to the schedule of fees in section 16-201. In addition, applicants shall pay all costs of posting and recording fees. In no event shall all or any portion of the filing fee be refunded.

(d)

Notice. Due notice to owners of property within a 300-foot radius of the property in question of the time, location and purpose of hearing shall be given. This notice shall be sent by certified mail at least five days prior to the hearing or be hand-delivered at least five days prior to the hearing. Failure to notify every property owner due to clerical omissions shall not affect the validity of any hearing or determination of the planning and zoning commissions.

(e)

Action before the planning and zoning commissions. All applications under this section shall be reviewed for completeness by the town clerk, and if found to be complete, shall be transmitted to the planning and zoning commissions for study, fact-finding public hearing, consideration and recommendation prior to final action by the board of trustees. Any approval hereunder may establish necessary conditions and limitations. The following criteria factors shall be applied by the planning and zoning commissions in reviewing each application:

(1)

Is the proposed land use consistent with the master plan?

(2)

Is the proposed land use compatible with the surrounding land uses in the specific area? Is the proposed land use substantially dissimilar from existing land uses? Is the density compatible?

(3)

Will the proposed activity create any adverse environmental influences on the surrounding area? For example: Will the proposed use generate excessive dust, odors, fumes, noise, glare or vibration?

(4)

Does the proposed land use create adverse ecological or environmental impacts?

(5)

Will the proposed activity generate additional traffic and congestion in the area? Will existing transportation systems be overburdened by the intended activity? Are ingress and egress areas appropriately and safely located?

(6)

Have the minimal required number of off-street parking spaces been provided? Is the internal circulation plan convenient and safe for residential traffic, pedestrian ways, landscaping, delivery service and fire and police protection?

(7)

Is arrangement of buildings and vehicular open spaces such that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic?

(8)

Will the proposed activity cause an unreasonable service demand on municipal services such as police and fire protection, water, sewer and drainage facilities?

(9)

Have adequate water, sewer and drainage facilities been provided?

(10)

Is there proper arrangement of signs and lighting devices with respect to traffic control devices? Are lights and signs controlled to protect adjoining residential areas?

(11)

For business or industrial uses near or abutting residential districts fences, walls or year-round planting may be required when necessary to shield adjacent residential neighborhood character.

(f)

Board of trustees action, plan filed. After completing their review of an application under this section, the planning and zoning commissions shall forward such application and all pertinent data, together with their recommendations for approval or disapproval, to the board of trustees for action as follows:

(1)

The board of trustees shall, within 60 days after receipt of the recommendations from the planning and zoning commissions, consider the proposed use. If the board of trustees shall disapprove the proposed use, such disapproval may either be final, or the board of trustees may disapprove the use and refer the same back to the planning and zoning commissions for further consideration in conformity with the recommendation of the board of trustees.

(2)

Upon approval of a proposed use by the board of trustees, the town clerk shall register a copy of the approved plot plan among the town clerk's records.

(g)

CMRS telecommunication facility. See section 16-94 for design criteria and performance standards. Conditional uses approved by the board of trustees for CMRS telecommunications facilities shall run with the property on which the facility is located.

(Code 1992, § 16-146; Ord. No. 1-1992, § 1; Ord. No. 1-1998, § 3)

Sec. 16-147. - Procedures for special or temporary use permits.

(a)

Application. Application for a special or temporary use permit shall be made through the town clerk on a form which shall contain the following information:

(1)

The name and address of the applicant.

(2)

The address of the proposed activity.

(3)

The name and address of the underlying property owner. Application may be made by an individual other than the property owner, provided that there is evidence satisfactory to the town of the underlying property owner's consent to the proposed activity, e.g., letter of consent, license, lease, permit, etc.

(4)

The length of time for which the special or temporary use is requested.

(5)

The underlying zone classification.

(6)

The distance in feet to the nearest fire hydrant.

(7)

The type and number of sanitary facilities to be provided at the location of the proposed use.

(8)

The type of water supply available.

(9)

The steps to be taken by the applicant to ensure traffic control at the location of the proposed activity.

(10)

A brief description of the activity contemplated at the location.

(11)

Evidence, satisfactory to the town, of general liability insurance coverage, in limits acceptable to the town, with the town as additional named insured, and the execution of a hold harmless agreement indemnifying the town against suit for damages.

(12)

The description of any permanent structure located on the premises.

(b)

Clean-up bond. Each applicant for a permit under section 16-35 and 16-36 shall tender with the application a cash bond in an amount determined by the board of trustees to be reasonable under the circumstances, which bond shall be returnable at the conclusion of the proposed activity so long as the site of the proposed activity is returned to its original condition within 24 hours after the last day of the permitted use. If it is necessary to initiate clean-up operations due to the existence of trash, garbage or debris, which is attributable to the proposed activity, the cost of such clean-up operation shall be deducted from the cash bond. Nothing in this section shall prohibit the town from commencing appropriate legal proceedings against the applicant if the cost of the clean-up operations exceeds the cash bond.

(c)

Issuance of permits.

(1)

The board of trustees, after consultation with the town attorney, shall determine whether or not the permit should be granted. The board of trustees may impose any requirements relating to each of the following:

a.

Sanitary facilities;

b.

Adequate water supply;

c.

Steps to ensure traffic control;

d.

Liability insurance coverage; and

e.

Clean-up bond.

(2)

When the board of trustees finds and so determines that there is no danger to the health, safety or welfare of the public, the board of trustees may waive any or all of the above requirements.

(3)

In granting or denying a special or temporary use permit, the board of trustees shall make a specific finding of fact as to the following:

a.

Will the use requested injure the appropriate use of the adjacent conforming property within the same zone or adjacent zone?

b.

Will the use requested endanger the health, safety or welfare of the public?

If the answer to either of the hereinabove questions is in the affirmative, as determined by the board of trustees, the use permit shall be denied.

(d)

Termination of permit. Should any other use than that for which the permit was issued be found to exist, or should the applicant fail to abide by any of the conditions of the permit, the board of trustees shall immediately cause the permit to be terminated. This action shall be stated in writing and caused to be transmitted to the applicant or any of his or her agents, employees or contractors. The permit shall be revoked and rendered void upon service of a written statement to any of the above individuals.

(Prior zoning regs., § 506; Code 1992, § 16-147; Ord. No. 1-1992, § 1)

Sec. 16-148. - Notice of fact-finding hearing and public hearing.

If deemed necessary by the planning and zoning commissions and/or the board of trustees, a fact-finding hearing shall be held. Not less than ten days' notice of the time and place of a fact-finding hearing shall be given by publication at least one time in the designated newspaper for legal publications of the town. All appropriate state statutes pertaining to zoning shall be followed. The applicant shall deposit with the town clerk an amount to be determined by the board from time to time per sign, which deposit shall be returned to the applicant upon return to the town clerk of the sign and post on which the sign was mounted. It shall be the sole responsibility of the applicant to cause the posted notice to be placed at the location for the requisite period of time provided for herein.

(Prior zoning regs., § 507; Code 1992, § 16-148; Ord. No. 1-1992, § 1)