HomeMy WebLinkAbout2019-07-14-301.281
§301.28. Administration and Enforcement - Building Permits and Certificates
of Zoning Compliance.
A. Administration and Enforcement. An administrative official designated by the
City Council shall administer and enforce this Ordinance. The Administrative
Official may be provided with the assistance of such other persons as the City
Council may direct.
If the Administrative Official shall find that any of the provisions of this
Ordinance are being violated, the official shall notify in writing the person
responsible for such violations, indicating the nature of the violation and ordering
the action necessary to correct it. The administrative official shall order
discontinuance of any illegal use of land, buildings, or structures; removal of
illegal buildings or structures or of additions, alterations or structural changes
thereto; discontinuance of any illegal work being done; or shall take any other
action authorized by this Ordinance to insure compliance with or to prevent
violation of its provisions.
B. Building Permits Required. No building or other structure shall be erected,
moved, added to or structurally altered without a permit therefor, issued by the
Administrative Official. No work on such building or structure shall be done until
a permit shall have been issued. No building permit shall be issued except in
conformity with the provisions of this Ordinance, except after written order from
the Board of Adjustment. See Section 301.30 for schedule of fees.
October 17, 2005 – Ordinance 2545
C. Application for Building Permit. All applications for building permits shall be
accompanied by plans in duplicate, drawn to scale, showing the actual dimensions
and shape of the lot to be built upon; the exact sizes and locations on the lot of
buildings already existing, if any, and the location and dimensions of the proposed
building or alteration. The application shall include such other information as
lawfully may be required by the administrative official, including existing or
proposed building or alteration; existing or proposed uses of the building and
land; the number of families, housekeeping units, or rental units the building is
designed to accommodate; conditions existing on the lot; and such other matters
as may be necessary to determine conformance with and provide for the
enforcement of this Ordinance. The administrative official shall have twelve (12)
days excluding Sundays and legal holidays in which to accept or reject an
application for building permits after the same has been submitted in proper form.
D. Certificates of Zoning Compliance for New, Altered, or Non-Conforming
Uses. It shall be unlawful to use or occupy or permit the use or occupancy of any
building or premises, or both, or part thereof hereafter created, erected, changed,
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or converted, or wholly or partly altered or enlarged in its use or structure until a
certificate of zoning compliance shall have been issued therefor by the
Administrative Official stating that the proposed use of the building or land
conforms to the requirements of this Ordinance.
No non-conforming structure or use shall be maintained, renewed, changed, or
extended until a certificate of zoning compliance shall have been issued by the
administrative official. The certificate of zoning compliance shall state
specifically wherein the non-conforming use differs from the provisions of this
Ordinance, provided that upon enactment or amendment of this Ordinance,
owners or occupants of non-conforming uses or structures shall have one (1) year
to apply for certificates of zoning compliance. Failure to make such application
within one (1) year shall be presumptive evidence that the property was in
conforming use at the time of enactment or amendment of this Ordinance.
Certificates of zoning compliance shall be applied for coincidentally with the
application for a building permit, and shall be issued within ten (10) days after the
lawful erection or alteration of the building is completed in conformity with the
provisions of this Ordinance.
A temporary certificate of zoning compliance may be issued by the administrative
official for a period not exceeding six (6) months during alterations or partial
occupancy of a building pending its completion, provided that such temporary
certificate may require such conditions and safeguards as will protect the safety of
the occupants and the public.
The administrative official shall maintain a record of all certificates of zoning
compliance, and copies shall be furnished upon request to any person.
Failure to obtain a certificate of zoning compliance shall be a violation of this
Ordinance and punishable under Section 301.33 of this Ordinance.
See Section 301.30 for schedule of fees.
E. Expiration of Building Permit. If the work described in any building permit has
not begun within ninety (90) days from the date of issuance thereof, said permit
shall expire; it shall be canceled by the Administrative Official, and written notice
thereof shall be given to the persons affected.
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If the work described in any building permit has not been substantially completed
within two (2) years of the date of issuance thereof, said permit shall expire and
be canceled by the Administrative Official, and written notice thereof shall be
given to the persons affected, together with notice that further work as described
in the canceled permit shall not proceed unless and until a new building permit
has been obtained.
F. Construction and Use to be as Provided in Applications, Plans, Permits and
Certifications of Zoning Compliance. Building permits or certificates of zoning
compliance issued on the basis of plans and applications, approved by the
Administrative Official authorize only the use, arrangement and construction set
forth in such approved plans and applications, and no other use, arrangement, or
construction. Use, arrangement, or construction at variance with that authorized
shall be deemed a violation of this Ordinance, and punishable as provided by
Section 301.33 hereof.