The purpose of this section is to:

   A.   Provide for the administration and enforcement of the Waterloo Zoning Ordinance.

   B.   Set forth general standards, procedures and requirements for the review, consideration, and issuance of Improvement Location Permits and Certificates of Compliance.

   C.   Establish standards, procedures, and requirements for violations and penalties.

   A.   It shall be the duty of the Zoning Administrator to:

      1.   Make determinations, interpretations, and decisions necessary to carry out the provisions and requirements of the Waterloo Zoning Ordinance.

      2.   Determine if a violation of the Zoning Ordinance exists, and how the ordinance shall be applied and enforced.

      3.   Issue all Improvement Location Permits and Certificates of Compliance.

   B.   The Zoning Administrator, his or her staff, or any person or persons assisting the Zoning Administrator in the application and enforcement of this appendix is hereby authorized to go onto private property for the purpose of enforcement and inspections required by this appendix. Such inspection or inspections shall occur at reasonable times and shall be conducted in a manner not to disturb the peace.

   The Plan Commission shall establish a schedule of fees to defray the administrative costs associated with:

   A.   Processing and hearing administrative appeals and petitions for rezoning, special exceptions, special uses, contingent uses, and variances;

   B.   Processing Improvement Location Permits; and

   C.   Other actions or activities taken in accordance with the provisions of I.C. 36-7.

   A.   General provisions.

      1.   No building or structure shall be located, erected, constructed, reconstructed, moved, converted, or enlarged; nor shall any structure or land be used, prior to the issuance of an Improvement Location Permit.

      2.   No Improvement Location Permit shall be issued for an application to locate, erect, construct, reconstruct, move, convert, or enlarge a building or structure unless the application conforms with the provisions and requirements of this chapter.

      3.   If an application for an Improvement Location Permit request requires the approval of a Development Plan, no Improvement Location Permit shall be issued prior to the completion of the Development Plan review and approval process as required by Section 5 of this appendix.

   B.   Application submission. Every application for an Improvement Location Permit shall include the following:

      1.   A completed application form;

      2.   The payment of all required filing fees;

      3.   A legal description of the property; and

      4.   A site plan drawn to scale showing the following:

         a.   Location of the proposed structure, or alterations or changes made to an existing structure;

         b.   The dimensions of the lot to be improved;

         c.   The size of side, rear, and front yard setbacks;

         d.   Existing and proposed streets and alleys adjoining or within the lot;

         e.   The manner in which the location is to be improved; and

         f.   Any public utilities adjoining or within the lot to be altered.

      5.   All applications for a new construction Improvement Location Permit shall not be approved until the Zoning Administrator has obtained comments from the Waterloo Street, Water and Sewer Departments.

      6.   If the Improvement Location Permit application is for a new residential, business, institutional, or industrial structures the applicant must also apply for water and sewer taps on the permit.

   C.   Application review.

      1.   Complete Improvement Location Permit applications shall be reviewed by the Zoning Administrator. If the application is in compliance with the provisions of this appendix, the ILP shall be issued.

         a.   If the proposed construction requires a Building Permit from the DeKalb County Building Department, then the Improvement Location Permit shall be taken to the Building Department by the applicant.

         b.   If the proposed construction does not require a Building Permit from the DeKalb County Building Department, then the Improvement Location Permit shall be picked up by the applicant.

         c.   A copy of both the Improvement Location Permit and the Building Permit, if required, shall be posted in a prominent place on the project site during the construction process so that they are visible from a public street.

      2.   If the application is not in compliance with the provisions of this appendix, the Zoning Administrator shall not approve the application, and shall notify the applicant in writing of the reason(s) why the Improvement Location Permit cannot be approved.

         a.   If the applicant amends the application to bring it into full compliance with the provisions of this chapter, then the Zoning Administrator shall approve and issue the Improvement Location Permit.

         b.   If the application cannot be amended to bring it into full compliance, the Zoning Administrator shall defer action on the request pending a final decision by the applicant. If a variance is not obtained, or a requested variance is denied by the Board of Zoning Appeals, then the permit application shall be denied. The applicant may also withdraw the permit application.

      3.   As part of the review and approval of any Improvement Location Permit, the Zoning Administrator may place conditions on the permit. If conditions are placed on the Improvement Location Permit, those conditions must be met prior to the issuance of a Certificate of Compliance.

   D.   Commencement of work. Work shall begin on any construction project for which an Improvement Location Permit has been issued within 90 days of the date of issuance. Work shall continue with due diligence until the project is completed. The expiration date of the Improvement Location Permit is one year from the issue date.

   E.   Amendments.

      1.   After the Improvement Location Permit has been issued, minor amendments involving the location, design, or layout of a proposed building or structure may be approved by the Zoning Administrator. Such an amendment, if approved, shall not require another Improvement Location Permit application.

      2.   After the Improvement Location Permit has been issued, the approved plan(s) shall not be amended to include new items such as accessory structures, further additions, or other major changes. Such an amendment shall require another Improvement Location Permit application.

      3.   An approved Improvement Location Permit is not transferable. An Improvement Location Permit may not be applied or transferred to another construction project or site, or another applicant.

   F.   Validity of permit.

      1.   Any approved Improvement Location Permit may be revoked and declared invalid by a Zoning Administrator in the following situations:

         a.   If work on the construction project has not commenced or continued in accordance with the provisions of this appendix.

         b.   If work on the construction project is not proceeding in conformance with the approved plan(s), specifications, and other information approved as part of the permit application; or

         c.   If work on the construction project is not in compliance with the provisions of this appendix.

      2.   If the Zoning Administrator determines that any of the situations listed in 12.3.F.1 exists, the Zoning Administrator shall notify the applicant, specify the areas of non-compliance, and establish a time frame for the work to be brought into full compliance.

      3.   If the work on the project is not brought into full compliance within the time frame specified by the Zoning Administrator, a stop work order shall be issued (if one has not already been issued), and the previously issued Improvement Location Permit shall be revoked. In a case where work has not begun within 90 days, a stop work order need not be issued, but the Improvement Location Permit shall be revoked. A new application, filing fee, review, and approval shall be required to continue the project.

   G.   Lack of Improvement Location Permit.

      1.   Any building or structure that is located, erected, constructed, reconstructed, moved, converted, enlarged, or used prior to the issuance of an Improvement Location Permit, shall be in violation of this appendix. Improvement Location Permits will expire after one year. Owner(s) will need to re-file for an Improvement Location Permit for any building or structure that was begun, but not completed within one year. Projects with an expired Improvement Location Permit and will be in violation of this appendix.

      2.   Upon being advised of such a building, structure or use, the Zoning Administrator shall immediately give such owner(s) written notice of said violation. The Zoning Administrator shall also immediately issue a stop work order. Said owner(s) shall be required to make application for an Improvement Location Permit within five business days of the notice being given.

      3.   If the Zoning Administrator determines that the building or structure so erected or maintained fails to conform with the provisions of this appendix, the owner(s) shall be granted 30 calendar days to complete, to the satisfaction of the Zoning Administrator, the modifications necessary to cause such building or structure to be in compliance with such provisions.

      4.   If the owner(s) fail to timely apply for an Improvement Location Permit as required hereinabove, or if at the end of said 30 day period, such building or structure is not in conformity with the provisions of this appendix, the owner(s) of the real estate shall be subject to the penalties set forth in Section 12.6 of this appendix.

   A.   No occupancy or use of a building, structure or site shall take place prior to the issuance of a Certificate of Compliance for the building, structure or use. The Zoning Administrator shall review all requests for Certificates of Compliance. Upon the completion of any structure erection, construction, reconstruction, enlargement, conversion, or other construction project, the applicant shall contact the Zoning Administrator and request an issuance of the Certificate of Compliance.

   B.   If the building, structure, or use is in full compliance with the requirements of this appendix, the requested Certificate of Compliance shall be issued to the DeKalb County Building Department.

   C.   If the Certificate of Compliance cannot be issued, the Zoning Administrator shall advise the applicant of the reason(s) the certificate cannot be issued. It shall be the applicant's responsibility to resolve all outstanding issues. A Certificate of Compliance shall not be issued until all outstanding issues are addressed.

   D.   Any approved Certificate of Compliance may be revoked and declared invalid by the Zoning Administrator in the following situations:

      1.   If a Certificate of Compliance was issued based on the acceptance of a letter of commitment for compliance on a future date which was not fulfilled as specified; or

      2.   If a Certificate of Compliance approving a certain use was issued and the use is no longer in compliance with the provisions of this appendix.

   E.   If the Zoning Administrator determines that any of the situations listed 12.5.D. exist, the Zoning Administrator shall notify the applicant, specify the areas of noncompliance and establish a timeframe for the use to be brought into full compliance. If the building, structure, or use is not brought into full compliance within the timeframe specified, the Certificate of Compliance shall be revoked. A new application, filing fee, review and approval shall be required to obtain another Certificate of Compliance.

   A.   Stop work orders. The Zoning Administrator shall have the authority to issue a stop work order for work on any structure, building, lot, or parcel to be stopped, if the work is in violation of the zoning ordinance. Such a decision may be appealed to the Board of Zoning Appeals. The stop work order shall remain in effect until it is removed, revoked, or rescinded by the Board.

   B.   Violations. Any person whether principal, agent, owner, lessee, tenant, contractor, architect, engineer, or other entity, who shall violate, or who permits or allows a violation, of any of the provisions of this appendix, or who fails to comply therewith or with any requirements thereunder, or who shall build, reconstruct, or structurally alter any building in violation of any detailed statement or plan submitted upon which an approval is given under this appendix, shall, upon complaint filed in any court of the DeKalb County and upon judgment finding such violation, be fined $50. Each calendar day that such violation or noncompliance exists shall constitute a separate violation.

   C.   Injunctive relief, abatement. The Plan Commission, Board of Zoning Appeals, and/or Zoning Administrator may bring action for an injunction in the Circuit or Superior Court of DeKalb County to enjoin any person whether as principal, agent, owner, lessee, tenant, contractor, architect, engineer or other entity from violating, or continuing to violate any provision of this appendix, and/or cause the violation to be resolved.

   D.   Injunctive relief, removal. The Plan Commission, Board of Zoning Appeals, and/or Zoning Administrator may bring action in the Circuit or Superior Court of DeKalb County for a mandatory injunction requiring the removal of a building, structure, sign, fence, and/or addition/enlargement to an existing structure erected or constructed in violation of this appendix.

   E.   Payment of costs. If the town is required to utilize the services of an attorney in investigating a possible violation of this appendix or enforcing the provisions of this appendix, before any board or court (including appeals), and such investigation results in a determination that a violation has occurred, or if the town is successful in its enforcement of the appendix by way of suit, appeal, or other appropriate proceeding, the party investigated for a violation shall pay the town's reasonable attorney fees and all costs related to the investigation of the violation and/or the enforcement of this appendix.

   F.   BZA appeal costs. Costs may not be allowed against the Board of Zoning Appeals in regard to an appeal unless it appears to the court that the Board acted with gross negligence, or in bad faith in making the decision brought up for review.

(Ord. 05-03, passed 7-12-05)