18.30.010 Permits or forms required

18.30.010 Permits or forms required.

1. Townsite Service Area. The developer of any use within the townsite service area shall obtain the appropriate approval or permit prior to site development or the establishment of the use, and the borough assessor shall receive a copy per HBC 3.72.070.

a. Conditional Uses. Developers must obtain a conditional use permit per Chapter 18.50 HBC.

b. Subdivisions. Developers must obtain a platting action permit per Chapter 18.100 HBC.

c. Construction Declaration. New construction outside of the townsite service area that exceeds $5,000 in assessed value or 500 square feet must be declared on a construction declaration form and filed with the borough assessor per HBC 3.72.070. Failure to file a construction declaration prior to commencement of construction shall result in penalties equal to the townsite service area after-the-fact penalties. A completed construction declaration expires automatically two years after filing.

d. Land Use Permit. New development outside of the townsite service area that meets the definition of “site development” in Chapter 18.20 HBC must obtain a land use permit prior to construction per Chapter 18.40 HBC except the general use zone.

B. Duration. Permit approvals are valid only during developer’s compliance with this title and the terms and conditions of approval. The manager or commission, as appropriate, may place limits on the duration of a permit or establish a longer or shorter duration. Unless otherwise stated in the permit, it expires automatically 24 months after issuance if the developer has not substantially completed construction of the roof and gross building area of the permitted activity or improvement.

C. Extensions. Requests for extensions of an approval period after the initial 24-month period shall require a new application and fees and shall be subject to the appropriate approval process.

D. Revocation of Permits. Permit conditions may provide that the permit shall be automatically revoked upon the occurrence of a certain event or events, or at a date certain, but in no event shall a permit expire less than 90 days after it was issued. In such case it shall be the sole responsibility of the owner to apply for a new permit. Any condition mandating the revocation of a permit shall state the grounds therefor with particularity and shall state with particularity the requirements to be reviewed upon re-issuance. Thereafter, re-issuance shall be determined solely on the issue of the development’s compliance with the specified requirement.

E. Approved Uses. Approved uses, unless ordered to cease by the manager, shall be allowed to continue during the appeal of the issuance of an approval.

F. Conditions. The assembly, commission, or manager may place conditions upon issuance of any approval which are necessary or desirable to ensure that a rule, policy, standard or intent will be implemented in a manner consistent with this title, the comprehensive plan and any rule, policy or standard implementing them.

G. Compliance. Any permit or approval issued under this title shall require compliance with the state fire code and any other federal, state or local regulations applicable to the activity. The manager, on any land use permits, and the commission, on any special conditions permits, shall, prior to approval, require the State Fire Marshal’s written approval that the requirements of the Fire Marshal’s office have been met on any commercial or industrial structures contained in the application.

H. Liability. The issuance of a permit or approval under this title or enforcement or lack of enforcement of any such permit or approval shall not be deemed grounds for borough liability arising out of the errors or omissions of the developer or the person who received the approval.

I. Finding. A permit approval shall include a written finding that the proposed use can occur consistent with the comprehensive plan, harmoniously with other activities allowed in the zone and will not disrupt the character of the neighborhood. Such findings and conditions of approval shall be in writing and become part of the record and the case file. (Ord. 19-03-527 § 5; Ord. 19-02-520 § 5; Ord. 13-12-360 § 4; Ord. 12-05-291 § 5; Ord. 06-06-146; Ord. 05-03-100)