Issuance of a special use , conditional zoning district permit, land improvement , or zoning permit authorizes the recipient to commence the activity resulting in a change in use of the land or (subject to obtaining a building permit) to commence work designed to construct, erect, move, or substantially alter building or other substantial structures or to make necessary improvements to a subdivision . However, except as provided in § 152.111, the intended use may not be commenced, no building may be occupied, and in the case of subdivisions, no lots may be sold until all of the requirements of this chapter and all additional requirements imposed pursuant to the issuance of a special use permit have been complied with.

(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2014-O9, passed 4-15-2014)

   (A)   Applications for zoning, special use , conditional zoning district permit, land improvement , or sign permits or subdivisionplat approval will be accepted only from persons having the legal authority to take action in accordance with the permit or the subdivisionplat approval. By way of illustration, in general this means that applications should be made by the owners or lessees of property, or their agents, or persons who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this chapter, or the agents of such persons (who may make application in the name of such owners , lessees, or contract vendees).

   (B)   The administrator shall require an applicant to submit evidence of his authority to submit the application in accordance with division (A) of this section.

(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2014-O9, passed 4-15-2014)

   (A)   All applications for zoning, special use , conditional zoning district permit, land improvement , or sign permits must be completed before the permit-issuing authority is required to consider the application.

   (B)   An application is complete when it contains all of the information that is necessary for the permit-issuing authority to decide whether or not the development , if completed as proposed, will comply with all of the requirements of this chapter.

   (C)   The administrator shall make every effort to develop application forms, instructional sheets, checklists, or other techniques or devices to assist applicants in understanding the application requirements and the form and type of information that must be submitted. In cases where a minimal amount of information is necessary to enable the administrator to determine compliance with this chapter, such as applications for zoning permits to construct single- family or two- family houses, or applications for sign permits, the administrator shall develop standard forms that will expedite the submission of the necessary plans and other required information.

(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2014-O9, passed 4-15-2014)

   (A)   Upon receipt of a formal application for a zoning, special use permit , conditional zoning district permit, or land improvement permit, or subdivisionplat approval, the administrator shall review the application and confer with the applicant to ensure that he understands the planning staff’s interpretation of the applicable requirements of this chapter, that he has submitted all of the information that he intends to submit, and that the application represents precisely and completely what he proposes to do.

   (B)   If an application is for a special use or conditional zoning district or subdivisionplat approval, the administrator shall place the application on the agenda of the appropriate board when the applicant indicates that the application is as complete as he intends to make it. However, if the administrator believes that the application is incomplete, he shall recommend to the appropriate board that the application be denied on that basis.

(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2014-O9, passed 4-15-2014)

   (A)   A completed application form for a zoning permit shall be submitted to the Administrator .

   (B)   The Administrator shall issue the zoning permit unless he or she finds, after reviewing the application, that:

      (1)   The requested permit is not within his or her jurisdiction according to the Table of Permissible Uses;

      (2)   The application is incomplete; or

      (3)   If completed as proposed in the application, the development will not comply with one or more requirements of this chapter (not including those requirements when a variance has been granted or those the applicant is not required to comply with under the circumstances specified in §§ 152.085 through 152.091, Nonconformities ).

   (C)   If the Administrator determines that the development for which a zoning permit is requested will have or may have substantial impact on surrounding properties, he or she shall, at least 45 days before taking final action on the permit request, send a written notice to those persons who have listed for taxation real property any portion of which is within 150 feet of the lot that is the subject of the application, informing them that:

      (1)   An application has been filed for a permit authorizing identified property to be used in a specified way;

      (2)   All persons wishing to comment on the application should contact the administrator by a certain date; and

      (3)   Persons wishing to be informed of the outcome of the application should send a written request for such notification and a stamped, self-addressed envelope to the administrator .

(Ord. 2005-O3, passed 3-15-2005)

   In cases when, because of weather conditions or other factors beyond the control of the zoning permit recipient (exclusive of financial hardship), it would be unreasonable to require the zoning permit recipient to comply with all requirements of this chapter prior to commencing the intended use of the property or occupying any buildings, the Administrator may authorize the commencement of the intended use or the occupancy of buildings (insofar as the requirements of this chapter are concerned) if the permit recipient provides a performance bond or other security satisfactory (sufficient bond to guarantee full payment of all remaining costs of completion) to the Administrator to ensure that all of the requirements of the ordinance will be fulfilled within a reasonable period (not to exceed 12 months) determined by the Administrator .

(Ord. 2005-O3, passed 3-15-2005)

   (A)   Insignificant deviations from the permit (including approved plans) issued by the Board of Commissioners , the Board of Adjustment , or the Administrator are permissible and the Administrator may authorize such insignificant deviations. A deviation is insignificant if it has no discernable impact on neighboring properties, the general public, or those intended to occupy or use the proposed development .

   (B)   Minor design modifications or changes in permits (including approved plans) are permissible with the approval of the permit-issuing authority. Such permission may be obtained without a formal application, public hearing, or payment of any additional fee. For purposes of this section, minor design modifications or changes are those that have no substantial impact on neighboring properties, the general public, or those intended to occupy or use the proposed development .

   (C)   All other requests for changes in approved plans will be processed as new applications. If such requests are required to be acted upon by the Board of Commissioners or Board of Adjustment , new conditions may be imposed, but the applicant retains the right to reject such additional conditions by withdrawing his request for an amendment and may then proceed in accordance with the previously issued permit.

   (D)   The administrator shall determine whether amendments to and modifications of permits fall within the categories set forth above in divisions (A), (B), and (C) of this section.

   (E)   A developer requesting approval of changes shall submit a written request for such approval to the administrator , and that request shall identify the changes. Approval of all changes must be given in writing.

(Ord. 2005-O3, passed 3-15-2005)

   (A)   Whenever (I) the Board of Commissioners disapproves a special use permit application or a conditional zoning district permit application, or (ii) the Board of Adjustment disapproves an application for an interpretation appeal or a variance, on any basis other than the failure of the applicant to submit a complete application, such action may not be reconsidered by the respective board at a later time unless the applicant clearly demonstrates that:

      (1)   Circumstances affecting the property that is the subject of the application have substantially changed; or

      (2)   New information is available that could not with reasonable diligence have been presented at a previous hearing. A request to be heard on this basis must be filed with the administrator within the time period for an appeal to superior court (see § 152.135). However, such a request does not extend the period within which an appeal must be taken.

   (B)   Notwithstanding division (A) of this section, the Board of Commissioners or Board of Adjustment may at any time consider a new application affecting the same property as an application previously denied. A new application is one that differs in some substantial way from the one previously considered.

(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2010-O20, passed 7-20-2010; Am. Ord. 2014-O9, passed 4-15-2014)

   Recognizing that inordinate delays in acting upon appeals or applications may impose unnecessary costs on the appellant or applicant, the town shall make every reasonable effort to process appeals and permit applications as expeditiously as possible, consistent with the need to ensure that all development conforms to the requirements of this chapter.

(Ord. 2005-O3, passed 3-15-2005)

   The recipient of any zoning, special use , conditional zoning district permit, land improvement , or sign permit, or his or her successor, shall be responsible for maintaining all common areas, improvements , or facilities required by this chapter or any permit issued in accordance with its provisions, except those areas, improvements , or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority. As illustrations, and without limiting the generality of the foregoing, this means that private roads and parking areas , water and sewer lines, and recreational facilities must be properly maintained so that they can be used in the manner intended, and required vegetation and trees used for screening, landscaping, or shading must be replaced if they die or are destroyed.

(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2014-O9, passed 4-15-2014)

   (A)   If a development is constructed in phases or stages in accordance with this section, then, subject to division (C) of this section, the provisions of § 152.106 (No Occupancy, Use, or Sale of Lots Until Requirements Fulfilled) and § 152.112 (exceptions to § 152.106) shall apply to each phase as if it were the entire development .

   (B)   As a prerequisite to taking advantage of the provisions of division (A), the developer shall submit plans that clearly show the various phases or stages of the proposed development and the requirements of this Article that will be satisfied with respect to each phase or stage.

   (C)   If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit, or be used by the entire development (such as a swimming pool or tennis courts in a residential development ) then, as part of application for development approval , the developer shall submit a proposed schedule for completion of such improvements . The schedule shall relate completion of such improvements to completion of one or more phases or stages of the entire development . Once a schedule has been approved and made part of the permit by the permit-issuing authority, no land may be used, no buildings may be occupied, and no subdivisionlots may be sold except in accordance with the schedule approved as part of the permit, provided that:

      (1)   If the improvement is one required by this subchapter then the developer may utilize the provisions of § 152.111; and

      (2)   If the improvement is an amenity not required by this subchapter or is provided in response to a condition imposed by the Board, then the developer may utilize the provisions of § 152.112.

(Ord. 2005-O3, passed 3-15-2005)