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A. Applicability. An improvement location permit shall be required prior to permanent construction, installation, addition, alteration, or relocation of a structure; prior to permanent alteration to the land; and prior to establishment of a new land use or change of an existing land use.

B. Exemption from Improvement Location Permit. This exemption is only from having to obtain an improvement location permit. It is not an exemption from having to meet all applicable regulations in the Unified Development Code. Any project exempt from having to acquire an improvement location permit that is in violation of the Unified Development Code is subject to Chapter 20.100 JCC, Enforcement. The following projects are exempt from having to obtain an improvement location permit.

1. Small Structures. An accessory structure that is not on a permanent foundation and is less than 200 square feet in area is exempt from obtaining an improvement location permit.

2. Softscaping and Hardscaping. Installing trees, shrubs, plants, and flowers; applying mulch or soil enhancers; raising of planting beds around foundations; and installing accent hardscaping (e.g., stone steps, stone edging, and small retaining walls) is exempt from obtaining an improvement location permit as long as there is no adverse effect to drainage.

3. Deck or Patio. A deck or patio installed individually or cumulatively that is less than 200 square feet in area over the entire lot is exempt from obtaining an improvement location permit.

4. Sign Content Change. Sign content may be changed without having to receive an improvement location permit.

5. Flag Pole. Flag poles may be installed without obtaining an improvement location permit.

6. Play Set. Play sets may be installed without obtaining an improvement location permit.

7. Type 1 Home Business. Type 1 home businesses may commence without obtaining an improvement location permit.

8. Property Maintenance. Maintenance and repairs to the existing structure or site features may commence without obtaining an improvement location permit.

9. Replacing Light Fixtures. Existing light fixtures and bulbs may be replaced without obtaining an improvement location permit. However, replacement lighting fixtures shall not violate JCC 20.50.530 LT-01 – Lighting standards, commitments, or conditions of the development’s approval, or any other standards within the Unified Development Code.

C. Cross Reference.

1. Building Permit. An improvement location permit does not authorize compliance with building codes. Concurrent to having a project reviewed for compliance with the Unified Development Code most projects with any type of building will also have to be reviewed for compliance with the building code. The review for compliance with the building code is conducted by the Building Official.

2. Site Improvement Permit. An improvement location permit does not authorize compliance with the Jasper County stormwater management ordinances. Concurrent to having a project reviewed for compliance with the Unified Development Code most projects will also have to be reviewed for compliance with the stormwater management ordinance. The review for compliance with the stormwater management ordinance is conducted by the technical advisory committee or County’s Engineer.

3. Other Permits. An improvement location permit does not authorize compliance with any County, State or federal permits. It is the responsibility of the property owner to acquire any other required permits prior to making any improvement.

D. Filing Requirements.

1. Application. Application for an improvement location permit shall be made on a form provided by the Zoning Administrator. The following information shall be provided on the application form.

a. Property owner’s name, mailing address, phone number and/or email address.

b. Applicant’s name, mailing address, phone number, and/or email address, if different than owner.

c. Written detailed description of the proposed project.

d. Date submitted and signed.

e. Signature of the applicant, testifying that they are authorized to represent the property.

f. Any other information requested on the application form.

2. For Permanent Construction, Installation, Addition, Alteration, or Relocation of a Structure. The following supporting information, as applicable, shall be provided on a site plan, application form, or as an attachment.

a. Projects involving noninhabitable structures not mounted on a permanent foundation.

i. A drawing of the parcel with dimensions.

ii. The building envelope (i.e., the resulting developable area after applying setbacks).

iii. The location of existing structures (e.g., home, garage, sidewalk, driveway).

iv. The location of the proposed structure.

b. Projects involving noninhabitable structures mounted on a permanent foundation.

i. All requirements of subsection (D)(2)(a) of this section for structures not mounted on a permanent foundation.

ii. A scale drawing of the parcel with dimensions.

iii. Existing adjacent rights-of-way or street easements, and the name of the street.

iv. Public easements on the parcel or adjacent to the parcel, including the name of the easement holder and a description of the terms of the easement.

c. Projects involving inhabitable buildings.

i. All requirements of subsection (D)(2)(b) of this section for structures mounted on a permanent foundation.

ii. Denotation of adjacent zoning districts if different than the subject parcel.

iii. Location of existing or proposed drainage tile.

iv. Denotation of where utilities lines will be run to the building and whether they are above or below grade.

v. Location of a septic system, reserve area for a replacement septic system, well, geothermal loop, or other on-site utility system.

vi. Denotation of any existing structure on adjacent parcels if within fifty (50) feet of the subject parcel’s property line.

vii. The Zoning Administrator may request additional information if reasonably necessary to determine if a project complies with the provisions of the Unified Development Code. Additional information may include, but is not limited to, the following:

(A) Calculation of lot coverage, predevelopment and/or post-development.

(B) Elevation above sea level at the location of the project prior to alteration of land.

(C) Certification by a licensed engineer or surveyor that the proposed project is not on or within thirty (30) feet of a floodplain or wetland.

(D) Certification by a licensed engineer or surveyor that the soils are suitable to support the weight of the structure, and any foundation modifications necessary to support the weight of the structure.

d. Complex or Unique Projects. The Zoning Administrator may require any additional information if reasonably necessary to determine if a project complies with the provisions of the Unified Development Code. This may include the supporting information listed in JCC 20.90.120(D)(2)(i) WHO District Requirements, for projects within the WHO district.

3. For Permanent Alteration to the Land. The following supporting information, as applicable, shall be provided on a site plan, application form, or as an attachment.

a. Projects that involve disturbing more than five percent (5%) of a parcel’s area on a parcel less than one (1) acre in area, or disturbing any portion of a site greater than one (1) acre, or that result in more than 9,000 cubic feet of soil being disturbed (cumulative of soil added from one area and soil removed from another, not the net of soil added and removed).

i. A scale drawing of the parcel with dimensions.

ii. The location of existing structures (e.g., building, sidewalk, driveway).

iii. Denotation of floodplains, wetlands, rock formations, karst, natural lakes, streams, regulated drains, retention ponds, detention ponds, known drainage tile, inlets, outlets, and drainage swales on the parcel and within seventy-five (75) feet of the parcel’s property lines.

iv. Two (2)-foot contour lines of the existing disturbed area and an additional 100 feet of buffer surrounding the disturbed area.

v. Two (2)-foot contours showing the parcel’s contours as it would be upon completing the proposed project.

vi. Drainage evaluation of the existing parcel and as it would be upon completion of the proposed project with a characterization of the change to drainage onto adjacent properties, into drainage tile, or into surface water ways.

vii. Design cross-section of recreational ponds.

viii. Drainage plan reviewed by County Drainage Board or a letter from County Drainage Board indicating their review is not required.

4. For Establishment of a New Land Use or Change to an Existing Land Use. The following supporting information shall be provided on a site plan, application form, or as an attachment.

a. Description of the proposed new land use or change to an existing land use.

b. Detailed description of how the new or changed land use will affect parking, average daily trips, courier service, building alterations inside and outside, use of outdoor areas, use of accessory structures, and number of employees.

5. Deadline. Applications for an improvement location permit may be filed any time.

6. Professional Services. If the Plan Commission finds it necessary to hire a professional engineer or other technician to subsidize the Zoning Administrator’s capabilities for review, notice shall be given to the applicant prior to contracting services. Notice shall be given in the form of a letter that includes the statement of intent to contract professional services. The applicant shall be given fourteen (14) days from the date of mailing, prior to contracting said professional services.

7. Fees. Applicable fees shall be paid at the time the application for an improvement location permit is filed. Fees shall include reimbursement for any cost borne by the Plan Commission to hire a professional engineer or other technician necessary to subsidize the planning staff’s capabilities for review.

E. Permit Procedure.

1. Substantially Complete Application. An application for an improvement location permit shall not be reviewed for approval until it is determined to be substantially complete by the Zoning Administrator. The Zoning Administrator must first verify that the application form and required supplemental information have been submitted correctly, and the applicable application fee is paid.

2. Review the Project’s Compliance. After the application is verified as being substantially complete, the Zoning Administrator shall review the project to determine whether it complies with the Unified Development Code. The Zoning Administrator may consult with the Jasper County Engineer, Building Commissioner, or any other person, department, or group to determine if the project complies with all of the provisions of the Unified Development Code. During the review process, the Zoning Administrator may:

a. Request Additional Information. During the process of rendering a decision, the Zoning Administrator may request additional information to be added to the site plan, application form, or attachments.

b. Exercise Discretion. Some provisions within the Unified Development Code allow the Zoning Administrator to apply discretion to a decision. If such discretion is exercised, the Zoning Administrator shall describe the decision and cite the authority for that discretion.

c. Interpret the Unified Development Code. Because the Unified Development Code cannot address every possible unique situation, project features, or land use, the Zoning Administrator shall interpret the intent of the Unified Development Code when not specifically addressed.

3. Render a Decision. The Zoning Administrator shall render a “decision to deny” or “decision to approve” based on the information submitted, project review, discretion exercised, and interpretations made.

4. Issuing an Improvement Location Permit. If the proposed project complies with the Unified Development Code, the Zoning Administrator shall render a decision to approve, document the terms of the approval on the permit, and then issue an improvement location permit.

5. Decision to Deny. If the proposed project does not comply with the Unified Development Code, the Zoning Administrator shall not issue an improvement location permit. The Zoning Administrator shall internally document the reasons for not issuing an improvement location permit and send that information to the applicant by email or U.S. Mail, or by telephone. If an email is used to communicate denial, documentation that the email was received shall be included in the file. Similarly, if a phone call is used to communicate denial, documentation of the phone call shall be included in the file. If a proposed project does not comply with the Unified Development Code, the applicant may promptly revise the application, or may promptly pursue relief from the Unified Development Code.

6. Allowance for Revision Prior to a Decision. At the discretion of the Zoning Administrator, the applicant may be permitted to modify the site plan, application form, or attachments prior to a decision by the Zoning Administrator.

7. Allowance for Revision After a Decision. After a decision to deny, the applicant may promptly revise the site plan, application form, or attachment in order to comply with the Unified Development Code without terminating the process.

8. Pursuit of Relief. After a decision to deny, the applicant may promptly pursue an administrative appeal, variance from development standards, or variance of use. During an appeal for relief, the application for improvement location permit shall be suspended until the Board of Zoning Appeals rules on the matter.

F. Duration.

1. Procedural Expiration. An application shall expire and be void after the applicant is notified of a decision to deny unless the applicant makes revisions to the application or pursues relief from the Board of Zoning Appeals within sixty (60) days from notification.

2. Commencement. After an improvement location permit is issued, the project shall commence within three (3) years of the issuance date or shall become void.

3. Expiration. After an improvement location permit is issued, the project shall be completed within seven (7) years of the issuance date or shall become void.

G. Modification After Issuance of an Improvement Location Permit. At the discretion of the Zoning Administrator, an improvement location permit may be modified if:

Warranted: Warranted due to discoveries during construction or other significant finding; and

Requested Prior to Initiation: Requested prior to permanent construction, installation, addition, alteration, or relocation of a structure; prior to permanent alteration to the land; and prior to establishment of a new land use or change an existing land use.

or if:

Warranted: Warranted due to discoveries during construction or other significant finding; and

Component Is Not Completed: Requested prior to the applicable component of the project has been completed; and

Not Correcting a Violation: The modification is not an attempt to correct a violation.

H. Modification Process. If a modification is allowed, the Zoning Administrator shall request any necessary information, shall review the modification for its compliance to the Unified Development Code, and then render a decision. If the proposed modification meets the provisions of the Unified Development Code the improvement location permit may be amended and filed. If denied to be considered or denied for noncompliance, the modification shall be disallowed. [Ord. 12-27-11 § 9.06.]