A permit shall be required for any division of land; any clearing, grading, construction, or reconstruction; and any change in land use, except as specifically exempted by TCC 9.10.020 and TCC 9.10.030.

1. A class I permit shall be required for: 1) any lot split or plat amendment that is not exempted by TCC 9.10.020; 2) any permitted use that is not exempted by TCC 9.10.030; and 3) any clearing or grading preparatory to a development for which a class I permit is required. The class I permit procedure is found at TCC 9.10.070.
2. A class I permit shall also be required for any activity, including dredging, filling, clearing, grading, excavation, the construction of retaining walls or other means of shoreline stabilization, and the construction of accessory buildings within the flood hazard overlay established by this title. Any such activities proposed as part of a development for which a class II permit is required may be evaluated as part of the application for a class II permit.
3. A class II permit shall be required for: 1) any subdivision that is not exempted by TCC 9.10.020; 2) any conditional use; and any clearing; or 3) grading preparatory to any activity for which a class II permit is required. The class II permit procedure is found at TCC 9.10.080.
4. Special use permits, conditions, and procedures:
   1. As part of a zoning ordinance, each governing board may provide by ordinance adopted, amended, or repealed in accordance with the notice and hearing procedures provided under I.C. § 67-6509 for the processing of applications for special or conditional use permits. A special use permit may be granted to an applicant if the proposed use is conditionally permitted by the terms of the ordinance, subject to conditions pursuant to specific provisions of the ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and when it is not in conflict with the plan.
   2. Prior to granting a special use permit, at least one public hearing in which interested persons shall have an opportunity to be heard shall be held. At least fifteen (15) days prior to the hearing, notice of the time and place, and a summary of the proposal, shall be published in the official newspaper or paper of general circulation within the jurisdiction. Notice may also be made available to other newspapers, radio and television stations serving the jurisdiction for use as a public service announcement. Notice shall be posted on the premises not less than one week prior to the hearing. Notice shall also be provided to property owners or purchasers of record within the land being considered, within three hundred feet (300') of the external boundaries of the land being considered, and any additional area that may be substantially impacted by the proposed special use as determined by the commission.
   3. When notice is required to two hundred (200) or more property owners or purchasers of record, alternate forms of procedures which would provide adequate notice may be provided by local ordinance in lieu of mailed notice. In absence of a locally adopted alternative notice procedure, sufficient notice shall be deemed to have been provided if the city provides notice through a display advertisement at least four inches (4") by two (2) columns in size in the official newspaper of the city at least fifteen (15) days prior to the hearing date, in addition to site posting on all external boundaries of the site.
   4. Upon the granting of a special use permit, conditions may be attached to a special use permit including, but not limited to, those:
      1. Minimizing adverse impact on other development.
      2. Controlling the sequence and timing of development.
      3. Controlling the duration of development.
      4. Assuring that development is maintained properly.
      5. Designating the exact location and nature of development.
      6. Requiring the provision for on site or off site public facilities or services.
      7. Requiring more restrictive standards than those generally required in an ordinance.
      8. Requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction.
   5. Prior to granting a special use permit, studies may be required of the social, economic, fiscal, and environmental effects of the proposed special use. A special use permit shall not be considered as establishing a binding precedent to grant other special use permits. A special use permit is not transferable from one parcel of land to another. (Ord. 2000-02, 3-3-2000)
      

Exemption of a land division does not exempt development of the parcel created from compliance with this title. No permit shall be required for:

1. Any land division that results from the settlement of an estate or a court decree for the distribution of specific parcels of property;
2. Any land division that results from a condemnation proceeding or the voluntary sale or gift of land for a public purpose;
3. Any cemetery plat;
4. Any land division in which all resulting parcels are twenty (20) or more acres in size; or
5. The adjustment of unplatted property lines in which no new parcel is created and no nonconforming lot, parcel, use, or structure results. Plat amendments require a class I permit, and approval by the council. (Ord. 2000-02, 3-3-2000)
   

The activities listed herein are not exempt from any applicable requirement of this title, except the requirement for a permit. No permit shall be required for:

1. Clearing and grading for agricultural purposes, the maintenance and construction of irrigation works, and grading required for the maintenance (but not change or expansion) of an existing use or structure; (Ord. 2000-02, 3-3-2000)
2. Repair or remodeling that does not alter the exterior dimensions of the structure involved (note that the international building code may require a building permit for such remodeling);
3. Accessory buildings that are also exempted from review by the international building code (note that this generally exempts accessory buildings of less than 120 feet in floor area and less than 12 feet in height); (Ord. 2000-02, 3-3-2000; amd. 2011 Code)
4. Fences of eight feet (8') or less in height (note that all fences must comply with the requirements of TCC 9.44.010 Paragraph C for clear sight triangles at intersections and points of access to public roads);
5. Minor utility installations; and
6. Certain signs, as provided in TCC 9.28.
7. These exemptions shall not apply within the flood hazard overlay established by this title. All development activity within the flood hazard overlay shall be subject to the requirement for a permit. (Ord. 2000-02, 3-3-2000)
   

Applications for permits shall be submitted on forms provided by the city. All information, including a site plan, and other maps, plans, drawings, tabulations, and calculations, called for on those forms, shall be required for a complete application and no incomplete application shall be accepted. The administrator may require submission of multiple copies of applications and supporting materials. (Ord. 2000-02, 3-3-2000)

Application fees for each type of permit established by this title shall be established by resolution of the mayor and council. (Ord. 2000-02, 3-3-2000)

The filing of an application for a permit constitutes permission for the city to conduct inspections of the proposed development site during its consideration of the application. The administrator may delay consideration of any application when inclement weather or a snowpack prevents a useful on site inspection. (Ord. 2000-02, 3-3-2000)

The class I permit procedure provides for the prompt review of minor developments and plat amendments, while assuring they have no significant adverse impact on environmental quality, neighboring uses, or public facilities and services. The class I permit procedure shall be as follows:

1. Application: The developer shall file a properly completed permit application form, the required supporting materials, and the required application fee with the administrator.
2. Notice To City: If administration of this title is being provided by contract, the administrator shall notify the city designated representative that the application has been filed.
3. Determine Development Compliance:
   1. The administrator shall determine whether the proposed development is in compliance with the comprehensive plan and this title.
   2. If the proposed development complies with all applicable absolute performance standards of this title and has a cumulative score of zero or more (i.e., a positive score) on the relative performance standards of this title, the application for a permit shall be approved.
   3. If the proposed development fails to comply with any applicable absolute performance standard of this title or has a cumulative score of zero or less (i.e., a negative score) on the relative performance standards of this title, the application for a permit shall be disapproved.
   4. Where the proposed development is part of a larger development for which a class II permit was previously approved, the administrator shall also determine whether it is in compliance with the previously approved development plan and all conditions attached to that approval.
   5. Conditions may be attached to approval of any permit, as provided in TCC 9.10.100.
4. Notice Of Decision To Developer: The administrator shall notify the developer and, if administration of this title is being provided by contract, the city, of the decision within ten (10) days, except as provided in Paragraph F of this section.
5. Plat Amendments:
   1. The administrator shall determine:
      1. Whether the lots resulting from the proposed plat amendment are capable of accommodating a use permitted by this title; and
      2. Whether the proposed amendment affects road or utilities access to any lot or adjoining parcel.
   2. If the lots resulting from the proposed plat amendment are capable of accommodating such use and the amendment does not adversely affect access to any lot or adjoining parcel, the administrator shall approve the application for a permit and place the proposed plat amendment on the agenda of the next regular council meeting at which time will permit its proper review. If the lots resulting from the proposed plat amendment are not capable of accommodating such a use, or the amendment adversely affects access to a lot or adjoining parcel, the administrator shall disapprove the application for a permit.
   3. Plat amendments approved by the administrator shall be reviewed by the council which, if it affirms the administrator's findings, shall sign the amended plat.
6. Referral: Upon finding that a development or plat amendment will have a significant adverse impact on environmental quality, neighboring land uses, or public facilities and services, the administrator may refer any application for a class I permit to the commission. The commission may, upon confirming the administrator's finding, require that the application for a class I permit be converted to an application for a class II permit. Such referrals shall be placed on the agenda of the next regular commission meeting.
7. Appeal: The administrator's decision may be appealed to the commission using the appeals procedure of TCC 9.08.020. A notice of appeal shall be filed with the administrator within ten (10) days after notice of the decision has been issued. Developers proceed at their risk during the appeal period.
8. Additional Procedures: See TCC 9.10.090 for additional procedures that apply within the area of city impact. (Ord. 2000-02, 3-3-2000)

The purpose of the class II permit procedure is to assure effective regulation of developments that may have significant impacts on public facilities, environmental quality, or neighboring uses. The class II permit procedure shall be as follows:

1. Sketch Plan Review: The developer shall file a request for sketch plan review with the administrator.
   1. The administrator shall place the sketch plan on the agenda of the next regular commission meeting at which time will permit its proper review.
   2. The commission shall conduct a sketch plan review. A sketch plan review is not a regulatory proceeding, but an opportunity for the commission to be made aware of the proposal and for the developer to be made aware of possible questions and the applicable requirements of this title.
2. Application: The developer shall file a properly completed application form, the required supporting materials, and the required application fee with the administrator.
3. Hearing Scheduled: The administrator shall place a hearing on the application on the agenda of the next regular commission meeting for which the notice requirements of Paragraph E of this section can be met and at which time will permit its proper review.
4. Professional Review: The administrator may contract for professional review of the application, with the cost of that review being covered by the application fee. Such reviews shall be prepared in the form of a written report submitted to the administrator for use at the hearing. The administrator shall, upon its receipt, provide a copy of this report to the developer and place it on file for public review with the other application materials.
5. Hearing Notice: The content of all hearing notices shall comply with the requirements of this section. Notice shall be provided, as follows:
   1. By Certified Mail: To all owners of property within three hundred feet (300') of the site, if the site is within or adjacent to the city, or within one thousand feet (1,000') of the site, if the site is elsewhere within the area of city impact at least fifteen (15) days before the hearing, except as provided in Paragraph E,5 of this section;
   2. By Newspaper Publication: Two (2) legal notices in the official newspaper, with the first newspaper notice appearing at least fifteen (15) days prior to the hearing and the second one week later;
   3. By First Class Mail: To all potentially affected public agencies, including the appropriate school and fire protection districts, and other interested parties on a list maintained by the administrator; and
   4. By Posting: At least seven (7) days before the hearing, a sign conveying the required notice shall be placed on the site. Such signs shall be clearly visible from the nearest public road and may be placed at a point of access to the site, rather than on the site where the administrator determines that so doing will provide more effective notice.
   5. By Multiple Mail Notices: Where more than two hundred (200) certified mail notices would be required, the administrator may limit certified mail notice to adjoining property owners, while providing all other forms of notice required by this title.
   6. Cost: The actual cost of mail and newspaper notice shall be in addition to the application fee required by TCC 9.10.050. No permit shall be issued until payment is received.
6. Hearing:
   1. The commission shall conduct a hearing on the proposed development following the procedure established in TCC 9.08.040 Paragraph A. No application shall be reviewed if the developer or a representative is not present. At the hearing, the commission shall determine whether the proposed development is in compliance with the comprehensive plan and all requirements of this title.
   2. If the proposed development complies with the plan and with all applicable requirements of this title, the application for a permit shall be approved.
   3. If the proposed development fails to comply with the plan or with any applicable requirement of this title, the application for a permit shall be disapproved.
   4. Conditions may be attached to approval of any permit, as provided in TCC 9.10.100.
7. Notice To Developer: The administrator shall notify the developer and interested parties of the commission 's decision within ten (10) days.
8. Appeal Of Decision: The commission's decision may be appealed to the council using the appeals procedure of TCC 9.08.020. A notice of any such appeal shall be filed with the administrator within ten (10) days after notice of the decision has been issued. Developers proceed at their own risk during this appeals period.
9. Filing Final Plat: The developer may file a final plat with the administrator at any time after the class II permit for a subdivision is approved. Phased final platting is permitted by TCC 9.24.
   1. The administrator shall place the final plat on the agenda of the next commission meeting.
   2. No public notice or hearing is required for final plats, but no final plat shall be reviewed if the developer or a representative is not present.
   3. The commission shall review the final plat and determine whether it is in compliance with all conditions imposed upon approval of the class II permit, the comprehensive plan, and this title. If it finds that the final plat complies, it shall approve that plat and recommend that it be signed by the council. If it finds that the final plat fails to comply, it shall disapprove that plat and recommend that it not be signed by the council. Conditions may be attached to approval of a final plat, as provided in TCC 9.10.100.
   4. If the commission approves the final plat, the administrator shall place it on the agenda of the next regular council meeting. Commission disapproval of a final plat may be appealed to the mayor and council using the appeals procedure of TCC 9.08.020. A notice of any such appeal shall be filed with the administrator within ten (10) days after notice of the decision has been issued.
   5. The mayor and council shall determine whether the final plat is in compliance with all conditions imposed upon approval of the class II permit, the comprehensive plan, and this title. If it finds that the final plat complies, it shall approve that plat. If it finds that the final plat fails to comply, it shall disapprove that plat. Conditions may be attached to approval of a final plat, as provided in TCC 9.10.100.
   6. The administrator shall notify the developer and interested parties of the council's decision within ten (10) days.
10. Additional Procedures: See TCC 9.10.090 for additional procedures that apply within the area of city impact. (Ord. 2000-02, 3-3-2000)

These additional procedures will be used in the review of permit applications in the area of city impact:

1. Class I Permits: The county shall notify the city of applications for class I permits within the area of city impact.
2. Class II Permits:
   1. Sketch Plan: The sketch plan shall be reviewed by both the city and the county commissioners, with the city review taking place first, unless a joint city-county review is arranged.
   2. Application: Proposed developments within the area of city impact must be reviewed by the city planning and zoning commission before the hearing before the county planning and zoning commission.
      1. It shall be the developer's responsibility to schedule this review at a regular meeting of the city planning and zoning commission.
      2. The city planning and zoning commission shall review the proposed development and provide written comments, which may be supplemented with oral testimony, to the county planning and zoning commission at least five (5) days before the hearing on the application. In making its comments, the city planning and zoning commission shall consider the proposed development's compliance with the city and county comprehensive plans, and with this title and the county development code.
3. Appeals And Variances: The administrator shall notify the city of all appeals and applications for variances filed within the area of city impact. The city shall have standing to submit comments on appeals and applications for variances. The city also has the right to appeal a decision of the administrator or county planning and zoning commission. (Ord. 2000-02, 3-3-2000)

Conditions may be imposed on the approval of any permit or variance; provided, that those conditions are clearly designed to assure compliance with one or more specific requirements of this title, and that a list of all conditions imposed is provided to the developer with notification of the commission's or council's decision. That list shall specifically identify the provision of this title the condition is designed to implement. (Ord. 2000-02, 3-3-2000)

1. Information Required: All required notices shall provide the following information (for model notices, see TCC 9.54):
   1. The name and mailing address of the developer;
   2. A legal description of the development site;
   3. The address of the development site, or another general description by which the public can identify the site;
   4. The present land use at the site;
   5. The proposed use and, for subdivisions, the proposed number of lots and average proposed lot size;
   6. The body (commission or council) that will conduct the hearing;
   7. The date, time and place of the hearing;
   8. A statement of the availability of application materials for public review, and a statement that "public comment is encouraged".
2. Costs: All costs associated with a public hearing shall be paid by the party/developer and shall be paid to the city as reimbursement of said costs, which include publication, mailing notices, printing, etc. (Ord. 2000-02, 3-3-2000)
   

Permits shall be valid for two (2) years from the date of approval, unless extended by a development agreement, as provided in TCC 9.24. (Ord. 2000-02, 3-3-2000)