Zoneomics Logo
search icon

North Manchester City Zoning Code

SUPPLEMENTAL REGULATIONS

§ 156.350 VISION CLEARANCE.

   In order to provide clear unobstructed vision along public right-of-way, the following requirements shall apply.
   (A)   Interior lots. No fence shall hereafter be erected within ten feet of the front property line and/or the street right-of-way and no natural plant material fences or hedges, exceeding 36 inches in height, shall be permitted within this same area.
   (B)   Corner lots. No fence shall hereafter be erected within ten feet of the intersection of the street right-of-way lines and no natural plant material fence or other plantings exceeding 24 inches in height, shall be permitted within this same area. These requirements shall not apply to trees whose limbs have a minimum clearance of ten feet above the ground.
 
(Ord. passed 9-26-2006)

§ 156.351 TREES.

   It is the purpose of this section, to be referred to as the “North Manchester Tree Ordinance”, to promote and protect the public health, safety, aesthetics and general welfare by providing for the regulation of the planting, maintenance and removal of trees, shrubs and other plants within those portions of the town, commonly known as tree lawns, as well as street, alley or other public rights-of-way. It is the intent of this chapter to promote and encourage the planting, proper maintenance, restoration and protection of desirable trees, shrubs and other plants on town property, tree lawns and rights-of-way.
   (A)   General provisions.
      (1)   It shall be the responsibility of the Building Commissioner or such other individual or individuals appointed by the Plan Commission to enforce the provisions of this section as is set forth in the Tree Plan and Guidelines Manual developed for the town by the Tree Advisory Commission. Permits shall be obtained from the Building Commissioner or as is otherwise directed by the Plan Commission before trees, shrubs or other plants located on tree lawns, streets, alleys or rights-of-way, are planted, sprayed, treated, pruned, removed or otherwise disturbed. This limitation shall not apply to any emergencies resulting from damaged trees or shrubs when removal is necessary for the purpose of protecting the public health and safety, nor shall it prohibit watering or similar basic care for said trees or shrubs.
      (2)   The permits referred to above shall be considered promptly upon proper application made to the Building Commissioner, and shall be generally limited to applicants owning or occupying property adjacent to the tree lawn or right-of-way where such tree, shrub or plant is located, unless a public purpose is shown to the satisfaction of the Building Commissioner.
      (3)   Said permits shall apply to utilities and all other entities both public and private, digging, excavating, trenching, tunneling and the like, in a manner and a location that might affect the health of trees and shrubs covered by this chapter and shall further include any activity that would include attaching any rope, wire, nail, sign or other human-made object to a tree or shrub. Said permits shall not include temporary/seasonal displays or lights that are not intended to remain for more than 45 days and which do not cause damage or leave any object affixed to the tree or shrub.
      (4)   Said permits may be issued or withheld so as to abate or discourage any activity that may be detrimental to said trees or shrubs.
      (5)   Issuance of said permits may be subject to specific conditions and terms that are deemed to be appropriate by the Building Commissioner, including, but not limited to, requirements reasonably intended to foster prudent care of the overall appearance of the tree lawn as well as specific trees and shrubs within the tree lawn and rights-of-way, and each applicant shall be required to review and read all appropriate reference and educational materials designated by the Building Commissioner, such as the Tree Plan and Guidelines Manual, originally prepared by the town’s Tree Advisory Commission.
   (B)   Permits. The Building Commissioner may issue maintenance permits allowing certain individuals or entities to maintain specific trees and shrubs for specific areas, including several trees and shrubs in accordance with the provisions of this chapter and the guidelines then in use by the Building Commissioner and/or Tree Advisory Commission. Such permits may be revoked or amended as is deemed necessary and appropriate by the Building Commissioner.
   (C)   Planting and maintenance plan.
      (1)   All new development located adjacent to any tree lawn or street right-of-way and any new parking areas, other than for single-family-residential uses (but including any and all subdivisions), shall submit with any improvement location permit or other similar application, a plan or proposal incorporating the planting and maintenance of appropriate trees and shrubs as a part of said development to be approved by the Building Commissioner in accordance with the guidelines then in use by the town. Such guidelines shall consider, among other concerns, provisions for an appropriate percentage of the area included in said application to become covered by tree canopies as a result of specific plantings required by this chapter and related guidelines.
      (2)   All parking areas intended for the use of more than five vehicles shall be required to provide for one or more planters within said parking areas for trees and/or shrubs.
   (D)   Tree buffer. Where a permit is being sought for a property that has a zoning classification that is more intense than adjoining property (i.e., R-3 next to a R-2, or I-1 next to B-2), a planted buffer of trees, shrubs or other appropriate plant material may be required to be placed between said uses as a condition of issuance of a building or occupancy permit.
   (E)   Conformance with site plan. When site plans are required by any part of this chapter or other requirements of the town, said plans shall specifically locate and identify the type of tree or shrub to be planted, and the applicant or its successor in interest shall be required to provide such planting and shall properly maintain said planting for a minimum period of three years.
   (F)   Violation. Failure to plant and maintain trees or shrubs in accordance with the provisions of this chapter and within proper husbandry guidelines shall be considered a violation of the terms of this chapter, and the Building Commissioner and other appropriate entities of the town shall be entitled to revoke any such permit issued, or to pursue such breach as a violation of this chapter as is provided herein.
   (G)   Appeal. Any issues or questions regarding the interpretation or application of the provisions of this section shall be referred to the Board of Zoning Appeals for determination.
(Ord. passed 9-26-2006)

§ 156.352 LOT OF RECORD.

   A single-family dwelling may be located on any lot in any district in which single-family dwellings are permitted if the lot was a single parcel in single ownership or a single parcel separately described or included in a deed or plat which was of record in the office of the county’s Recorder at the time of passage of this chapter, even though the lot does not have the minimum lot width, depth or area specified for its district as based on the following regulations.
   (A)   The minimum side and rear yard setbacks shall be proportionally applied by the Building Commissioner as based on the proportion that the non-conforming lot is smaller than the minimum lot size required in the district that the lot is located. Fractional numbers shall be rounded up to the nearest whole number.
 
   (B)   In no case shall the side or rear yard be modified by more than 50% of the minimum yard requirement for the district in which the lot of record is located without requesting a variance before the Board of Zoning Appeals pursuant to the requirements of this chapter.
   (C)   The front yard setback shall not be altered in order to keep the continuity of the front yard setback of surrounding properties.
(Ord. passed 9-26-2006)

§ 156.353 PARTIAL USE OF ALLEY FOR YARD.

   (A)   One-half of an alley abutting the rear of a lot may be included in the required rear yard if said alley is unimproved.
   (B)   In the case of non-residential uses, the alley portion shall not be used for loading and unloading berths.
(Ord. passed 9-26-2006)

§ 156.354 ACCESSORY BUILDINGS AND USES.

   Requirements for accessory buildings and uses shall be as follows.
   (A)   Accessory buildings and uses are allowed in all districts, but not before the erection of the principal building.
   (B)   No detached accessory building shall be located closer to a side or rear lot line than as identified in the district the accessory building or use is located.
   (C)   Accessory uses such as public utility installations, walks, driveways, curbs, retaining walls, mailboxes, fences, lamp posts, bird baths and structures of a like nature are permitted in any required yard, and without the issuance of any permit.
   (D)   The total area of all accessory buildings or uses, except swimming pools, shall not exceed 750 square feet or 40% of the ground floor gross floor area of the principal use or structure, whichever is larger. In no case, however, shall the combined area of all accessory uses and permitted uses on a lot exceed the maximum impervious surface coverage as established in each district.
(Ord. passed 9-26-2006)

§ 156.355 BUILDING LINES.

   (A)   (1)   Where 25% or more of the lots in a block frontage are occupied by buildings, the average setback of such buildings determines the location of the building for the block frontage.
      (2)   However, the front yard setback dimension need not exceed 40 feet in any case.
   (B)   Building lines established in a recorded subdivision shall establish the setback of buildings in such subdivisions, except when such building lines may be less restrictive than provided in this chapter.
   (C)   On any lot which has frontage on more than one street, the front building line is required on each street.
(Ord. passed 9-26-2006)

§ 156.356 TAPERED YARD FORMULA.

   (A)   Where an interior lot fronts on a side street and is adjacent to the rear of a corner lot (even if the two lots are separated by an alley), an accessory building located on the rear lot line of the corner lot shall set back from the side street as far as the dwelling on the interior lot.
   (B)   For each foot that such accessory building is placed from the rear lot line toward the front lot line of the corner lot, the accessory building may be set four inches closer to the front lot line along the side street, but in no case closer than the building setback line along the side street required by this chapter.
(Ord. passed 9-26-2006)

§ 156.357 SIDE YARDS.

   (A)   Where 60% or more of the lots in a block frontage are occupied by buildings which provide side yards of less than the minimum required by this chapter, this average side yard of such buildings may determine the required side yard provided.
   (B)   (1)   However, no side yard shall be reduced to less than three feet.
      (2)   Where an existing building is deficient in side yards, any addition to such an existing building may maintain the existing side yards.
(Ord. passed 9-26-2006)

§ 156.358 MOBILE HOME DWELLING.

   Mobile home dwellings shall not be permitted on any lot in any of the residential districts except as permitted in mobile home parks or in mobile home subdivisions as identified in each district.
(Ord. passed 9-26-2006)

§ 156.359 SINGLE-FAMILY CONVERSIONS.

   Single-family dwellings may be converted to multi-family dwellings only in the RMF-L and RMF-H Zone Districts and must meet the lot size and density requirements of the respective district.
(Ord. passed 9-26-2006)

§ 156.360 MODIFICATION OF STRUCTURE HEIGHT.

   (A)   Chimneys, cooling towers, elevator bulkheads, fire towers, stacks, tanks, water towers, distribution poles and lines, transmission towers or essential mechanical appurtenances may be erected to any height not prohibited by other applicable laws or ordinances.
   (B)   However, no structure may erected in excess of 35 feet in height without the review and written approval of the town’s Fire Department to ensure that there is adequate fire equipment available to the town for the purposes of fire safety.
(Ord. passed 9-26-2006)

§ 156.361 WASTE MATERIALS.

   (A)   Trash and waste materials shall be stored in metal or other approved containers in accordance with town codes and regulations as they are adopted or modified from time to time.
   (B)   In all commercial districts, trash and waste storage containers that are open to public view or the view of adjacent properties, shall be screened from such view, in accordance with § 156.473 of this chapter.
   (C)   All trash containers or receptacles in all multi-family, commercial, office, office/industrial and industrial districts shall conform to the following requirement:
      (1)   Have such areas enclosed or screened on at least three sides by an evergreen hedge, solid wall or fence adequate in height to screen the containers if such area is not within an enclosed building or structure. Such enclosure shall be of the same type materials or be painted the same color as the principal building.
      (2)   The enclosure or screening shall be at least six feet in height. Screening with plant materials shall be attained within five years of planting.
      (3)   Adequate vehicular access to and from such area or areas for the collection of trash and/or garbage shall be required and shall be of concrete material.
      (4)   Trash containers shall not be located in the front yard building setback and shall conform to side and rear yard pavement setbacks of the appropriate district.
      (5)   A six inch raised curb shall be located one foot from the interior walls of the enclosure to prevent the dumpster or refuse container from damaging the walls of the enclosure.
      (6)   All trash container areas shall be enclosed on the fourth side with a 100% opacity gate.
 
(Ord. passed 9-26-2006)

§ 156.362 HOME OCCUPATIONS.

   Home occupations shall be regulated as accessory uses, pursuant to the specific districts. A home occupation shall comply with the following standards.
   (A)   The use shall be clearly incidental and secondary to the residential use of the dwelling, and not more than 25% of the dwelling unit floor area shall be devoted to the home occupation.
   (B)   The home occupation shall only occur within the principal dwelling.
   (C)   Only members of the immediate family residing at the premises shall engage in such occupation.
   (D)   External indication of a home occupation shall be limited to one non-illuminated sign, not more than two square feet, attached against the structure.
   (E)   Any need for parking generated by conduct of the home occupation shall be met in the driveway.
   (F)   No equipment or process shall be used which creates noise, vibration, glare, fumes, odors or electrical interference detectable to normal senses off the lot, if the occupation is conducted in a single- family residence.
   (G)   The external appearance of the structure shall remain residential in character.
   (H)   No commodity shall be sold upon the premises; except that, which is prepared or maintained on the premises. No display of the products shall be visible from the street.
   (I)   There shall be no outside storage of any kind related to the home occupation use.
   (J)   Any home occupation displaying a sign shall also be subject to this code of ordinances.
(Ord. passed 9-26-2006)

§ 156.363 FENCES AND WALLS.

   Fences and walls are permitted in all districts, subject to the following conditions.
   (A)   Location.
      (1)   No fence or wall shall be located in the front yard within ten feet of any public right-of-way.
      (2)   Fences that are not more than 40% opaque may be permitted in the front yard.
      (3)   No fence or wall shall be closer than three feet to any right-of-way line in a rear or side yard unless approved by the Building Commissioner.
   (B)   Height.
      (1)   Fences and walls shall not exceed four feet in height for residential uses unless such fence or wall is used for screening purposes in which case its height shall not exceed six feet. For the purposes of these zoning regulations, any fence which achieves opacity of greater than 50% shall be considered erected for screening purposes.
      (2)   Fences or walls shall not exceed eight feet in height for non-residential uses.
   (C)   Materials.
      (1)   With the exception of fences used for agricultural uses containing livestock, fences shall not contain an electric charge.
      (2)   Barbed wire shall only be permitted in an Industrial District and only on the top of a perimeter fence.
      (3)   Materials used for fences or walls shall be of weather resistant materials or treated so that they are weather resistant.
      (4)   Except in the case of dual-faced fences or walls, all supporting posts must be located on the side facing the interior of the property upon which the posts are located and may exceed the fence or wall height by not more than six inches.
   (D)   Maintenance. Both sides of all fences or walls and the surrounding property, where reasonably accessible, shall be maintained to prevent unsightly and unsafe conditions.
   (E)   Vision clearance requirements. No fence or wall shall violate the vision clearance requirements found in § 156.350 of this chapter.
   (F)   Zoning certificate.
      (1)   An improvement location permit is required for the erection or installation of all fences and walls.
      (2)   Any deviation from these fence and wall regulations shall require the review and approval by the town.
(Ord. passed 9-26-2006)

§ 156.364 SATELLITE DISHES.

   Satellite dishes, permitted as an accessory use, are subject to the following conditions.
   (A)   Exemptions.
      (1)   Digital satellite dishes (DSS) of three feet or less, at its widest point, shall be permitted to be placed on any dwelling or building in any district. However, the satellite dish shall be placed in the most inconspicuous place that permits reception on the property.
      (2)   These regulations shall not apply to wireless telecommunication facilities or personal communication systems (PCS).
   (B)   Location.
      (1)   Satellite dishes may be erected or installed on the ground of any property; provided that, in the commercial and industrial districts, roof mounting shall also be permitted.
      (2)   Ground-mounted satellite dishes shall be set back a minimum equal to the measurement of its height. However, in no case, shall the ground-mounted satellite dish be located closer than five feet to the property line.
      (3)   Satellite dishes shall be prohibited in the front and side yards of the property on which the dish is located.
   (C)   Height and size.
      (1)   The maximum height of any ground-mounted satellite dish shall not exceed 15 feet above the finished grade of the dish.
      (2)   The maximum height of any roof mounted satellite dish shall not exceed the roof height it is mounted on by more than four feet.
      (3)   The maximum size, at the widest point of the dish, shall not exceed eight feet.
   (D)   Landscaping and maintenance.
      (1)   The satellite dish apparatus, where mounted to the ground, shall be screened with shrubbery and/or landscaped if viewed from the public right-of-way.
      (2)   The satellite dish apparatus, landscaping and shrubbery shall be properly maintained to prevent both unsightly and unsafe conditions.
   (E)   Historic or architectural standards compliance. When a satellite dish is proposed to be located on a building or structure that is listed on a federal, state or local historic register, or is in an historic district established by the town, the dish shall be subject to review by the town to ensure that architectural and design standards are maintained.
   (F)   Color and appearance standards.
      (1)   All satellite dishes shall be painted a non-contrasting gray or similar color minimizing their visibility, unless otherwise required by the Federal Communications Commission (FCC), Federal Aviation Administration (FAA) and/or by historical or architectural standards imposed under division (E) above.
      (2)   No advertising, logo or corporate symbols other than that of the dish manufacturer shall be permitted on the dish.
(Ord. passed 9-26-2006)

§ 156.365 BED AND BREAKFAST ESTABLISHMENT.

   (A)   Bed and breakfast establishments shall only be located within and accessory to an owner occupied single-family dwelling.
   (B)   Bed and breakfast establishments shall comply with all local, county and state fire and health regulations.
   (C)   The operation of a bed and breakfast establishment shall not be considered or classified as a home occupation.
   (D)   A bed and breakfast establishment shall include no more than four guestrooms for rent.
   (E)   Kitchen or kitchenettes shall not be available in guest rooms for in room food preparation.
   (F)   Accommodations shall not be provided to a particular guest for more than 14 consecutive days.
   (G)   No ancillary commercial use shall be operated in connection with an approved bed and breakfast establishment.
   (H)   All applicable off-street parking requirements shall be met as identified in §§ 156.380 through 156.385 of this chapter.
   (I)   Exterior signage shall be limited to a sign mounted flat on the wall of the bed and breakfast establishment, shall be less than two square feet and shall be non-illuminated.
   (J)   The exterior appearance of the bed and breakfast establishment shall maintain a residential character.
(Ord. passed 9-26-2006)

§ 156.366 DRIVE THROUGH FACILITIES.

   (A)   Location. Drive through facilities shall not be located in the front of the principal building.
   (B)   Site design.
      (1)   A drive through facility shall not be provided a separate curb cut.
      (2)   Maneuvering space for drive through facilities shall be provided for to the side and rear of the principal building.
      (3)   The design of maneuvering and stacking aisles for the drive through shall not interfere with circulation or visibility for traffic either on or off site.
      (4)   A minimum of five stacking spaces shall be provided for each drive through window or bay.
      (5)   Where abutting residential districts, drive through facilities shall be fully screened from view.
      (6)   A drive through facility shall not conflict with pedestrian circulation on site.
 
(Ord. passed 9-26-2006)

§ 156.367 PORTABLE STORAGE UNITS IN RESIDENTIAL DISTRICTS.

   (A)   Purpose. The purpose of these regulations is to regulate the use and location of portable storage units (e.g., PODS). These types of units are used for moving, temporary storage during construction and other purposes as listed below.
   (B)   Definition. For the purposes of this section, the term PORTABLE STORAGE UNIT shall mean any enclosed unit of durable construction or material, not to exceed eight feet in width by eight feet in height by 16 feet long, designed for permanent or temporary storage, which can be transported by vehicle and left on site.
   (C)   General regulations. Portable storage units may be permitted as a temporary use in any zoning district as follows.
      (1)   Location and timeframe.
         (a)   Temporary use for construction sites. Portable storage units are to be removed within seven days after use of the unit is no longer necessary or when construction is complete, whichever is sooner.
         (b)   Moving and relocating.
            1.   When the occupant of a property is moving or relocating, a portable storage unit shall be located on a paved surface on the property for a period of not more than seven days or for a period of 14 total days in any 365-day period.
            2.   Portable storage units shall not be located any closer to an adjacent parcel than the required minimum side or rear yard setback for accessory uses in the district the unit is located.
         (c)   Other temporary uses.
            1.   When necessary to facilitate general temporary uses not described above, a portable storage unit shall be located on a paved surface on the property for a period of not more than seven days or for a period of 14 total days in any 365-day period.
            2.   Portable storage units shall not be located any closer to an adjacent parcel than the required minimum side or rear yard setback for accessory uses in the district that the unit is located.
      (2)   Prohibitions.
         (a)   No portable storage unit shall be used for human or animal occupation.
         (b)   Portable storage units larger than those identified in division (B) above shall be prohibited in the town.
         (c)   Only one portable storage unit shall be permitted on any property at any time.
      (3)   Public nuisance. The placement of any portable storage unit shall be located in such a manner on any property as not to create a public nuisance.
(Ord. passed 9-26-2006)

§ 156.368 SECURITY AND WALL-MOUNTED LIGHTING.

   All lighting used for security purposes and/or is attached to the facade of a building or structure shall be fully shielded so that the bulb or glare from the bulb is visible from the property line. Lighting shall be directed downward against the building.
(Ord. passed 9-26-2006)

§ 156.369 PERFORMANCE STANDARDS.

   The following provisions shall be made by the owner(s) and/or operator(s) of industrial facilities which may use, create, discharge or store various materials or components which may be hazardous to the citizens of the town as well as public environmental resources. Permits, licenses and all other approvals and inspection requirements of state and federal agencies, boards and commissions shall supersede the provisions of this chapter only if they are more restrictive than the provisions contained herein.
   (A)   Smoke. For all industrial uses the emission of more than 70 smoke units per hour per stack and emissions in excess of Ringelmann No. 2 are prohibited; except that, for one hour during any 24-hour period this rate may be increased up to 80 smoke units per hour per stack up to and including Ringelmann No. 3 for the purposes of process purging, soot blowing and fire cleaning.
   (B)   Particulate matter. The rate of emission of particulate matter from an individual process within the boundaries of any lot shall not exceed a figure of 0.06 pounds per 1,000 pounds of effluent gas and not more than 50% by weight of particles larger than 44 microns (325 mesh) shall be allowed.
   (C)   Odor. Any activity or operation which releases odors to the atmosphere shall be so controlled as to ensure that it will produce no public nuisance or hazard at or beyond the nearest Residence District boundary line.
   (D)   Poisonous fumes and gases. The emission of any gas or fume across lot lines in such concentrations as to be detrimental to our endanger public health, safety, comfort and welfare or shall cause injury or damage to property or business is prohibited.
   (E)   Glare and heat. No industrial operation, activity or structure shall cause heat or glare in such a manner as to be a public nuisance at or beyond any residence/business district boundary.
   (F)   Vibration. Any use creating intense earth-shaking vibrations shall be set back from a residence district boundary at least 250 feet, or at least 150 feet from a business district boundary.
   (G)   Noise. At no point 125 feet from the boundary of an L-I or I District shall the sound pressure level of any operation of plant (other than background noises produced by sources not under the control of this chapter) exceed the decibel limits in the octave bands designated below.
Maximum Permitted Sound Level Table
Octave Band Frequency (Cycles per Second)
Maximum Permitted Sound Level (In Decibels) Measured 125 feet from the L-I District Adjoining Residential District Boundaries
Maximum Permitted Sound Level (In Decibels) Measured 125 feet from the I District Adjoining Residential District Boundaries
Maximum Permitted Sound Level Table
Octave Band Frequency (Cycles per Second)
Maximum Permitted Sound Level (In Decibels) Measured 125 feet from the L-I District Adjoining Residential District Boundaries
Maximum Permitted Sound Level (In Decibels) Measured 125 feet from the I District Adjoining Residential District Boundaries
0 to 75
75
80
75 to 150
70
75
150 to 300
65
70
300 to 600
59
64
600 to 1,200
53
58
1,200 to 2,400
48
53
2,400 to 4,800
44
49
Above 4,800
41
46
 
   (H)   Fire hazards. The storage, utilization or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted. The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted provided the said materials shall be stored, utilized or manufactured in such a manner and protected by such means as approved by the state’s Fire Marshal and the state’s Administrative Building Council.
(Ord. passed 9-26-2006)

§ 156.370 DOWNTOWN FACADE IMPROVEMENT PROGRAM.

   (A)   Title. This section and all ordinances supplemental or amendatory hereto, shall be known as the "Downtown Facade Improvement Program."
   (B)   Purpose. The purpose of this section is to give downtown building owners incentive to improve their facades in a way that enhances the look of the downtown and maintains reasonable historic consistency in design.
   (C)   Area covered. All buildings along Main Street between Market Street to the West and Mill Street to the East. All buildings on Walnut Street between Main Street to the South and Second Street to the North.
   (D)   Funding.
      (1)   Funding for this program will be on a year by year basis, as funds are available. There is no guarantee of funding each and every year.
      (2)   Funding of projects will be on a first come first served basis.
      (3)   Funding will be based on a 20% contribution by the building owner and 80% by the town.
      (4)   If a project is not funded, because of limited funds, a new application will need to be submitted in future years for consideration.
   (E)   Eligibility.
      (1)   Only buildings in the area covered will be eligible.
      (2)   Only properties in which the property taxes of those applying for funding are current at the time of application and throughout all phases, including payment, of the project will be eligible.
      (3)   Only those owners that submit complete and comprehensible applications will be eligible,
   (F)   Design.
      (1)   Designated architect - The town shall designate the architect to design or approve the design of the project.
      (2)   The costs of architect services, as long as the owner uses the designated architect, will be covered 100% by program funds.
      (3)   Owner must follow designated architect's design for any funding of the project to occur.
   (G)   Oversight. Applications will be accepted and reviewed by the Town Manager. The Town Manager will also review the final request for funding upon completion of the project. The Town Manager will have inspected the completed project and certified that the project is eligible according to division (F)(3).
   (H)   Forms.
      (1)   Application. Applications will be available in a form created and maintained by the Clerk Treasurer.
      (2)   Request for payment. A request for payment form will be available in a form created and maintained by the Clerk Treasurer.
   (I)   Payment. Payment will occur when the owner submits a request for payment. The request for payment will not be processed or approved until the project is complete.
   (J)   Contractor. The owner is responsible for selecting, paying, and overseeing the contractor. This section does not create a relationship between the town and owner or contractor. This section does not guarantee payment to the contractor.
   (K)   Final decision. This section is drafted to meet the intended purpose, if any clarification is needed it will be done by the Town Manager.
(Ord. 9, 2012, passed 9-5-2012)