§ 4.9. Zoning compliance permit.

4.9.1. Applicability.

(a)

Except as otherwise specifically provided in this chapter, it shall be unlawful to begin any excavation, removal of soil, clearing of a site, or placing of any fill on lands contemplated for development, or to begin any construction, moving, alteration, or renovation, except for ordinary repairs or maintenance, of any building or other structure, including accessory structures and signs, until the town manager has issued for such action a zoning compliance permit, certifying that such development complies with the applicable provisions of this chapter. The town manager may establish a process to waive the requirement for a zoning compliance permit for smaller-scale single- or two-family residential activities, such as landscaping and construction of decks, porches, sheds, garages, and stoops.

(b)

It shall also be unlawful to change the type of use or type of occupancy of any land or structure, or to extend any use on any lot on which exists a nonconforming use, until the town manager has issued for such action a zoning compliance permit, certifying that such intended uses comply with the applicable provisions of this chapter.

(c)

Thresholds for exceptions to zoning compliance permit requirement: Single-family development meeting all conditions contained in this section 4.9.1(c) may be exempted from the requirement to obtain a zoning compliance permit after an initial review by the town manager or designee.

(1)

The project adds less than five hundred (500) square feet of impervious surface area.

(2)

The project includes less than one thousand five hundred (1,500) square feet of land disturbance.

(3)

The project does not include grading or filling of soil.

(4)

The project is at least five (5) feet away from the nearest setback line and building height limitation.

(5)

The project work limits are at least five (5) feet from the boundary of any Resource Conservation District or Jordan Watershed Riparian Buffer.

(6)

The project is not occurring within the regulatory floodplain.

(7)

The project does not contain steep slopes as defined in section 5.3.2 of this ordinance.

4.9.2. Procedures.

(a)

Application submittal requirements. Applications for a zoning compliance permit shall be submitted to the town manager. The town manager shall prescribe the form(s) on which applications are made. The town manager shall prescribe any material that may reasonably be required to determine compliance with this chapter, with sufficient copies for necessary referrals and records. No application shall be accepted by the town manager unless it complies with such submittal requirements. Applications that are not complete shall be returned forthwith to the applicant, with a notation of the deficiencies in the application.

(b)

Action on the application. The town manager shall take final action on the application. Final action on an application shall be based solely on findings as to compliance with all applicable provisions of this chapter, including all applicable conditions of an approved special use permit, major or minor subdivision, site plan review, or certificate or appropriateness, and shall be one of the following:

(1)

Approval of application; or

(2)

Approval of application subject to reasonable conditions to ensure compliance with applicable regulations and conditions; or

(3)

Denial of application.

Final action shall be taken within thirty (30) staff working days of the acceptance of a zoning compliance permit application, or within such further time consented to by written notice from the applicant or by town council resolution. Failure of the town manager to reach a decision within the prescribed time limit, or extensions thereof, shall result in the approval of the application as submitted.

(c)

Actions subsequent to decision.

(1)

In the case of approval or approval with conditions, the town manager shall issue the zoning compliance permit. In the case of denial of an application, the town manager shall notify the applicant of the reasons for such denial.

(2)

Where engineering construction permits are required by the town Code of Ordinances, such permit shall not be issued prior to issuance of the zoning compliance permit required for the development and shall comply with the approved zoning compliance permit, including all conditions or approval attached thereto.

(3)

Where a building permit is required by chapter 5, or a sign permit is required by section 5.14 of the town Code of Ordinances, such permits shall not be issued prior to issuance of the zoning compliance permit and engineering construction permit required for the development and shall comply with the approved zoning compliance permit and engineering construction permit, including all conditions of approval attached thereto.

(d)

Appeal of decision. A decision by the town manager in granting or denying a zoning compliance permit may be appealed to the board of adjustment in accord with the provisions of section 4.11 of this appendix.

(e)

Modification of zoning compliance permits.

(1)

The town manager may approve a modification of zoning compliance permit for changes to plans approved under site plan review, special use permit, major or minor subdivision, as long as such changes continue to comply with the approving action and all other applicable requirements. The town manager shall not have the authority to approve a modification for any substantial changes to plans approved under site plan review unless such changes are specifically required by a condition of approval.

(2)

If a substantial change is proposed, the town manager shall require the filing of an application for approval of the modification. An application for modification of a zoning compliance permit shall be reviewed in accordance with the procedures established in subsections (a) through (d), above.

4.9.3. Performance and Maintenance Guarantees.

(a)

Conditions attached to an approval of a zoning compliance permit may include the following:

(1)

A condition requiring the applicant to provide performance guarantees and/or maintenance guarantees deemed necessary to ensure compliance with the requirements of this appendix and the conditions of permit approval.

(2)

A condition permitting the applicant to provide performance guarantees in lieu of actual completion of required improvements prior to use or occupancy of the development authorized by the zoning compliance permit, provided the delayed completion of such improvements is determined to be compatible with the public health, safety and welfare.

(b)

Such performance guarantees and maintenance guarantees shall be satisfactory as to their form and manner of execution, and as to the sufficiency of their amount in securing the satisfactory construction, installation, or maintenance of the required improvements.

(c)

The condition requiring or permitting a performance guarantee shall specify a reasonable time period within which required improvements must be completed. Such time period shall be incorporated in the performance guarantee. The length of such time period shall not exceed two (2) years from the date the zoning compliance permit is issued.

(d)

No performance guarantee shall be released until certification of the satisfactory completion of all required improvements covered by such performance guarantee has been submitted to and approved by the town manager.

(e)

If the required improvements covered by a performance guarantee are not completed in accordance with the terms of the performance guarantee, the obligor shall be liable thereon to the town for the reasonable cost of the improvements not completed and the town may, either prior to or after the receipt of the proceeds thereof, complete such improvements.

4.9.4. Expiration and Revocation of Zoning Compliance Permit Approvals.

(a)

Starting time limit. If the use, construction, or activity authorized by approval of an application for a zoning compliance permit or modification of zoning compliance permit is not started within twelve (12) months of the date of approval, or within such further time stipulated in the approval, the approval shall expire and any town permit issued pursuant to the approval shall be void. The town manager may grant a single extension of the starting time limit for up to twelve (12) months, unless he/she determines that paramount considerations of health, the general welfare, or public safety require re-approval. The town manager shall determine whether the use, construction, or activity has started.

(b)

Completion time limit. If all construction and actions authorized or required by a zoning compliance permit or modification of zoning compliance permit are not completed by the completion date stipulated in the permit or modification, the permit holder may request an extension of the completion time limit from the town manager. The town manager may grant extensions of the time limit for periods of up to twelve (12) months if he/she determines that: a) the permit holder submitted the request within sixty (60) days of the completion date; b) the permit has proceeded with due diligence and good faith; and c) conditions have not changed so substantially as to warrant reconsideration of the approved development. The town manager shall determine whether or not all construction and actions authorized or required have been completed.

4.9.5. Revocation of Zoning Compliance Permit.

(a)

If any conditions of a zoning compliance permit or modification of zoning compliance permit, including completion time limits, or requirements of this chapter applicable to the permit or modification are violated, the town manager may revoke the permit or modification.

(b)

The town manager may reinstate a revoked zoning compliance permit or modification of zoning compliance permit if he/she determines that: a) the holder of the revoked permit or modification submitted a request for reinstatement within ninety (90) days of the revocation; b) the violations that were the cause of the revocation have been corrected; and c) the development fully complies with all conditions of the permit or modification and all applicable requirements of this appendix.

4.9.6. Sign Plan Review Required.

(a)

Applicability.

(1)

A unified sign plan is an overall plan for placement and design of multiple signs for a building or group of buildings. Sign plan review and approval by the town manager shall be required prior to issuance of a zoning compliance permit for any sign requiring such permit.

(2)

Where a zoning lot contains more than one principal use or establishment, the provisions below shall apply to the zoning lot as a whole, and the owner(s) of the zoning lot shall be responsible for allocating permitted signs and display surface areas among the individual uses or establishments. The sign plan submitted for such zoning lot shall show all signs located or proposed thereon and shall be designed so that all signs are in harmony and consistent with each other. Such a sign plan shall be referred to as a unified sign plan for the zoning lot.

(b)

Final action. A decision by the town manager in granting or denying a zoning compliance permit or sign plan approval may be appealed to the board of adjustment in accord with the provisions of section 4.10 of this appendix.

4.9.7. Certificate of Occupancy. No building or structure for which a zoning compliance permit has been issued shall be used or occupied until, after final inspection, a certificate of occupancy has been issued indicating compliance with the provisions of this chapter and all other state and local laws, including conditions of the zoning compliance permit and all other required permits.

( Ord. No. 2016-03-21/O-1 , §§ 5, 6)