§ 154.151 ADMINISTRATIVE PROCESSES.

   (A)   Building permit required. The issuance of a building permit, showing compliance with this chapter, signifies compliance with the requirements of this chapter. A building permit must be obtained from the Building Official before any of the following activities may legally take place:

      (1)   Occupancy and use of vacant land (including parking lot construction);

      (2)   Any change in the use of a parcel of land or a building, including any construction or structural alteration of a building that requires issuance of a building permit by the City Building Inspector;

      (3)   Any use of land or a building that would be identified as a use by special use permit by the Uses Table in § 154.030, for the zoning district in which the parcel is located; and

      (4)   Any change of a nonconforming use or building.

   (B)   Application for building permit. Application for a building permit shall be made ten days before construction of a new or enlarged building or structure, or a new or enlarged use of a parcel, is intended to begin. Form and content of the application package shall be as specified by the following material:

      (1)   Application form.

         (a)   Applicants for a building permit shall submit a zoning application form with all requested information completely filled in.

         (b)   If the City Building Inspector also acts as Zoning Administrator, the Inspector may elect to accept information submitted for a building permit without duplicating it on the building application form.

      (2)   Property information. The building application form must be accompanied by a copy of a property survey, deed or tax records sufficient to allow identification of the parcel in the City Assessor’s property maps. When the applicant is anyone other than the property owner identified by the Assessor’s records, evidence of the owner’s concurrence or a change in ownership must also be submitted.

      (3)   Plot plan.

         (a)   The Building Application Form must also be accompanied by a plot plan drawn at size and scale sufficient to clearly identify the exact dimensions of the parcel, all abutting streets, alleys or easements, and the size, position and height of all existing and proposed buildings or structures thereon.

         (b)   The Zoning Administrator may also require any other information deemed necessary for the proper enforcement of this chapter.

   (C)   Application review process.

      (1)   On submission of an application for a site plan, the Zoning Administrator will review the application material as described by the Review Process Table in division (G) below.

      (2)   Whenever possible, it is desirable for this review to be conducted with the applicant present to facilitate any necessary explanation.

      (3)   The review will address each question identified by the Review Process Table in order, moving through each column in the question from left to right.

   (D)   Record maintained. The Zoning Administrator shall keep a record of each application for a site plan that has been submitted, including the disposition of each one. This record shall be a public record, open for inspection upon request.

   (E)   Validity of building permit.

      (1)   A building permit remains in effect for a period of one year from the date it is issued. By that time, the activity authorized by the permit must have begun.

      (2)   This means that any use of land or of an existing building must be underway, or a building permit for any new construction must have been issued and construction commenced.

      (3)   The validity of a building permit may be extended by the Zoning Administrator not more than one time, for a period not to exceed one additional year.

      (4)   Said extension must be requested in writing by the permit holder before the expiration of the initial permit period.

   (F)   Voiding of a building permit.

      (1)   (a)   If the permit holder fails to initiate the activity authorized by the building permit by the end of the one-year extension, the building permit is automatically null and void.

         (b)   Any additional rights associated with the building permit that have been granted by the Planning Commission or the Zoning Board of Appeals, such as special use permits or variances, expire together with the building permit.

      (2)   Any performance guarantee shall be refunded to the permit holder unless the failure to initiate activity has resulted in costs to the city that were to be covered by the guarantee. If any amount of the guarantee remains after said costs are satisfied, the balance of the guarantee shall be released and returned to the permit holder.

      (3)   Re-issuance of a building permit that has expired requires a new building application form to be filed with the Zoning Administrator and processed without consideration of any previous action.

   (G)   Review process table. This table follows on the next two pages.

Review Process Table; Initial Review Process
Question	Refer To	If All Standards Are Met, Next Step	If Standards Are Not Met
			Situation	Applicant’s Options	Next Step
#1 Is proposed activity permitted in this zoning district?	§ 154.030	Activity is a use by right: go to question #2; or activity is a special use; go to Actions Table: Special Use Permit. Continue to Question #2	Activity is permitted in a different zoning district	Request a rezoning	Actions Table: Rezoning
			Activity is not listed for any zoning district	Request an interpretation appeal	Actions Table: Interpretation
			Applicant does not agree with Administrator’s finding	Request an administrative appeal	Actions Table: Administrative appeal
			Any situation	Withdraw	Denial letter
#2 Does the parcel meet standards for this zoning district?	§ 154.031 - “Lot Size”	Go to Question #3	Any situation	Request a dimensions variance	Actions Table: Variance
			Applicant does not agree with Administrator’s finding	Withdraw	Denial letter
				Request an administrative appeal	Actions Table: Administrative appeal
#3 Does existing or proposed structure or building meet yard and area standards?	§ 154.031	Go to Question #4	Existing facility violates standards	Request a dimensions variance	Actions Table: Variance
				Continue with process as is	Nonconformities
			Proposed facility will violate standards	Request a dimensions variance	Actions Table: Variance
				Amend application to meet all standards	Go to Question #4
			Applicant does not agree with Administrator’s finding	Request an administrative appeal	Actions Table: Administrative appeal
			Any situation	Withdraw	Denial letter

 

Review Process Table; Initial Review Process
Question	Refer To	If All Standards Are Met, Next Step	If Standards Are Not Met
			Situation	Applicant’s Options	Next Step
#4 Will proposed activity meet parking requirements?	Parking Table and Off-Street Parking Requirements	Go to Question #5	Existing facility violates standards	Request a dimensions variance	Actions Table: Variance
				Continue with process as is	§ 154.006 - Nonconformities
			Proposed facility will violate standards	Request a dimensions variance	Actions Table: Variance
				Amend application to meet all standards	Go to Question #5
				Withdraw	Denial letter
			Applicant does not agree with Administrator’s finding	Request an administrative appeal	Actions Table: Administrative appeal
#5 Will proposed activity meet all supplementary regulations?	§§ 154.006 through 154.010	Go to Question #6	Proposed activity will violate measurable standards	Request a dimensions variance	Actions Table: Variance
				Amend application to meet all standards	Go to Question #6
				Withdraw	Denial letter
			Proposed activity will violate non-measurable, written standards	Request a text change	Actions Table: Text change
				Amend application to meet all standards	Go to Question #6
				Withdraw	Denial letter
			Applicant does not agree with Administrator’s finding	Request an administrative appeal	Actions Table: Administrative appeal
#6 Has permit fee been paid?	Fee schedule	Issue permit	Fee represents a serious hardship to applicant	Request a fee waiver	Actions Table: Fee waiver
				Withdraw	Denial letter

 

(Ord. passed 11-2-2005)