Article 4. Permits and Certificates of Occupancy
18.4.1. Applications for land use and/or building permits
A. The existing character of structures and the use and occupancy of premises shall not be changed, nor shall any building, the use of which is proposed to be altered or changed, be hereafter erected or altered until a permit shall have been approved by the building inspector and issued by the city clerk stating that the proposed uses of such building or premises complies with all the provisions of these Regulations.
B. Application for permits shall be on forms prescribed by the Governing Body and shall be filed with the city clerk. Applications of land use or building permits shall be filed upon forms prescribed by the City, setting forth the legal description of the lot, tract or parcel of land, together with a general description of any building or structure proposed to be constructed, erected or structurally altered thereon, including the approximate height, bulk and shape, gross and net square footages, the principal materials of construction, location of the building or structure upon the lot, tract or parcel, the intended use of the land or building, and such other information as may be required by the City.
C. A record of all applications and permits shall be kept on file with the City. If an application for a permit is made after the work for which the permit is sought has begun, then if such application is approved the cost of the permit shall be double the cost of a permit that is obtained prior to the time work has begun.
D. No permit shall be issued unless the application shows that the proposed structure and use will conform to the provisions of these Regulations.
E. In addition to conformance with these Regulations, permits must meet the requirements of the City Subdivision Regulations. Generally, to meet the provisions of the Subdivision Regulations, permits shall not be issued on land which is not shown on a recorded plat or replat, or a lot split, except for a continuation of an existing use or occupancy, accessory structures or uses, or additions to existing structures or uses. If platting is not required, all of the public improvements necessary to support the application request may be required at the applicants’ expense, including, but not limited to, dedications in lieu of platting associated with roadway easements, utility easements, drainage easements, and additional rights-of-way.
18.4.2. Permits – conformance of construction.
No permit shall be issued for any building, structure or use of land unless the same shall be in conformance in every respect with all provisions of these Regulations and any other applicable provisions of City ordinances and plans approved by the Governing Body. No development on any tract shall begin until permits have been issued by the City verifying approval of zoning, site development plan, final plat, or applicable permit/approval has been granted by the City.
18.4.3. Issuance of permits.
No person in the employ of the City or acting on behalf of the City is authorized to issue any building permit or grant a certificate of occupancy if the building or use would be in violation of this Code. Any certificate or permit issued upon a false statement by the appellee of a fact(s) material to the issuance thereof or in violation of this Code shall be void.
18.4.4. Action on permit applications.
Action on permit applications shall take place no later than thirty (30) days after the date the completed application is filed with the Zoning Administrator.
18.4.5. Number of permits.
When construction of groups of buildings and/or accessory buildings for a principal building is to be simultaneous, and when all the buildings are to be constructed on land zoned for one (1) classification and use, the City may either issue one (1) permit for such group of buildings, or may require a separate permit for each building or structure to be constructed, as determined applicable by the Zoning Administrator on a case-by-case basis.
18.4.6. Appeal of inspector’s decision.
An appeal may be taken to the City Manager from the action of the Zoning Administrator or building inspector denying any permit by filing a written appeal within five (5) working days of notification of such denial, specifying the grounds for appealing the inspector’s decision, and submitting all relevant evidence in support of such appeal. The City Manager will review all evidence provided by both the appellant and the administrative official. A written response to the appeal will be provided to the appellant within five (5) business days of receipt of the written appeal and associated evidence, by the City Clerk, unless otherwise notified. Such decision may be appealed by applicant to the Board of Zoning Appeals.
18.4.7. Revocation of permits.
A permit may be revoked by the Official issuing the permit, or his/her designee, pursuant to the procedures set forth within these Regulations.
18.4.8. Certificates of occupancy.
A. No new or existing building or structure shall be occupied, and no change in the character or use of land or of a building shall occur, without a valid certificate of occupancy issued by the City with a signature by the Zoning Administrator certifying that such building or use is in compliance with all provisions of these regulations, city codes and ordinances, including structure location, foundation, and pad elevations contained in applicable PUD documents or on the face of the final plat.
B. A Certificate of Occupancy may be withdrawn at any time if such building or use is found in noncompliance with the regulations of these regulations, city codes and ordinances.
C. Withdrawal of a Certificate of Occupancy may be appealed in writing to the City Manager by filing a written appeal to the City Clerk within five (5) working days of notification of such denial, specifying the grounds for appealing the inspector’s decision, and submitting all relevant evidence in support of such appeal. The City Manager will review all evidence provided by both the appellant and the administrative official. A written response to the appeal will be provided to the appellant within five (5) business days of receipt of the written appeal and associated evidence, and such decision shall be final.