The Building Inspector is hereby designated and authorized to enforce this Zoning Ordinance.
(a) Plot Plan. Any person, persons, firms or corporations which shall make application for a building permit shall, at the time of making such application furnish the Building Inspector with a plot plan or development plan of the real estate upon which such application for a building permit is made at least five (5) days prior to the issuance of such building permit, which five (5) day period may be waived by the Building Inspector; and provided further that such plot plan shall be drawn to scale showing the following items:
(1) Legal or site description of the real estate involved.
(2) Location and size of all buildings and structures on the lot to be improved, as well as other buildings or structures on adjoining property within fifteen (15) feet of the lot to be improved.
(3) Any buildings or structures which are to be demolished, and the buildings or structures on the lot which are to remain.
(4) All dimensions shall be figured and shown accurately.
(5) Width and length of all entrances and exits to and from such real estate.
(6) All adjacent and adjoining roads or highways.
Site plans so furnished to the Building Inspector shall be filed by the Building Inspector and shall become a permanent record.
(b) Certificate of Compliance. An application for a building permit for any use subject to the provisions of Article 1331 shall be accompanied by a certificate of compliance subscribed by a registered professional engineer of the State certifying that the use intended will satisfy the performance standards of the district in which it is to be located. The Building Inspector may take ten (10) days in which to study the application, during which time he may consult with appropriate technical consultants. If, after the ten day period, the Building Inspector has not required any additional information or stated any objections in writing, the Building Inspector shall issue the building permit.
(c) Sewer Facilities. The Building Inspector shall not issue a building permit for a structure unless a sanitary sewer connection onto a City sewer line is available for the proposed structure or unless a satisfactory substitute for such sewer connection shall have been provided and certified to, in writing, by the Administrator of the Sanitary Board.
(d) Special Exception. The Building Inspector shall issue a building permit for a special exception following receipt of notice from the Board of Zoning Appeals that the application therefore has been approved by the Board.
(e) Time Limitation; Revocation of Permit. Any person, to whom is issued a building permit pursuant to subsection (d) hereof who fails to commence construction of an authorized industrial park or shopping center within twenty-four (24) months after such permit is issued or who fails to carry to completion thirty percent (30%) of the total development plan thereof within three (3) years after such permit is issued or within one year after such construction is begun, whichever is later, or who fails to conform to the provisions of the development plan and supporting data finally approved by the Board and upon the basis of which such building permit was issued, may be required, by the Board upon written petition of any person deeming himself aggrieved, to show cause why such approval should not be withdrawn and such permit revoked; provided, however, that no such order to show cause shall be issued for failure to commence construction within twenty-four (24) months, after such construction has in fact commenced even though commenced after the expiration of such twenty-four (24) month period.
(1) Upon the determination by the Board or petition by such person to require the holder of such permit to show cause pursuant to the provisions to subsection (e) hereof, the Board shall set the same for public hearing, and cause written notice thereof to be sent by registered mail to the permit holder and to be published according to law. Such notice shall name a day not less than ten (10) days after the date such notice is mailed and after the second of such publications upon which such hearing will be held.
(2) If after such hearing, upon evidence publicly presented to the Board by members of the public or officers or employees of the City, including members of the Board, present in person at such hearing, the Board shall find that the holder of the permit in question has failed to commence construction of the industrial park or shopping center within twenty-four (24) months from the date the building permit was issued, has failed to carry to completion thirty percent (30%) of the total development plan within three (3) years after such date, or has failed materially to conform to the provisions of the development plan and supporting data finally approved by the Board and upon the basis of which such building permit was issued, the Board shall withdraw its approval of such development plan and order such permit revoked; provided, however, that the Board may, if it deems such failure correctable within a period of six (6) months, extend the time within which such permit holder may purge himself of such failure for not longer than such period, during which period such hearing, shall be continued to a day certain at the end thereof.
(f) Amended Building Permit. The holder of a building permit for an industrial park or shopping center may apply to the Board at any time for an alteration, change, amendment or extension of the development plan upon which such permit is based.
(1) Upon receipt of such application, the Board shall proceed as in the case of original applications for special exceptions.
(2) In the event the Board shall approve and order such development plan changed, altered, amended or extended, it shall so notify the Building Inspector who shall issue an amended building permit accordingly.
(g) Certificate of Occupancy.
(1) No land shall be occupied or used and no building hereafter erected, reconstructed or structurally altered shall be occupied or used, in whole or in part, for any purpose whatsoever, until a certificate of occupancy shall have been issued by the Building Inspector stating that the building and use comply with all of the provisions of this Ordinance applicable to the building or premises or the use in the district in which it is to be located.
(2) No change in use shall be made in any building or part thereof, now or hereafter erected, reconstructed or structurally altered, without a certificate of occupancy having been issued by the Building Inspector, and no such permit shall be issued to make such change unless it is in conformity with the provisions of this Ordinance.
(3) A certificate of occupancy shall be applied for coincidentally with the application of a building permit and shall be issued within ten (10) days after the lawful erection, reconstruction or structural alteration of such building shall have been completed.
(4) A record of all certificates of occupancy shall be kept on file in the office of the Building Inspector and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building or land affected.
(5) A building permit may be issued for excavation for or the erection, reconstruction or structural alteration, of any building up to two (2) weeks, before application has been made for a certificate of occupancy.
(1969 Code 27-14; 27-49; 27-57)
(h) Permit for Clearing, Grading and Filling.
(1) No person shall clear, grade or fill any real property located within the limits of the City without first obtaining a building permit therefor.
(2) The Building Inspector shall issue a building permit to clear, grade or fill real property upon completion of the following:
A. The applicant must submit for approval to the City Engineer a plan for erosion and sediment control for the subject property. Said plan shall include the seeding and mulching of the subject property.
B. The Building Inspector shall perform an inspection of the subject property to determine whether the proposed clearing, grading or filling shall be in compliance with all City ordinances, including the Natural Land Contour Protection Ordinance.
C. It is determined that the proposed clearing, grading or filling has no substantial effect on the general character of the neighborhood and has no substantial effect on the aesthetic value of the neighborhood.
(3) As used in this section, the following terms shall have the meanings indicated:
A. “Clear” means any activity which removes vegetative ground cover.
B. “Erosion and sediment control” means a system of structural and vegetative measures that minimize soil erosion and off-site sedimentation.
C. “Grade” means to cause disturbance of the earth. This shall include but not be limited to any excavating, filling, stockpiling of earth materials, grubbing or root mat or topsoil disturbance, or any combination thereof.
“Clear” and “grade”, as used in this section, shall not include minor household landscaping and gardening.
(4) Any person who violates this section shall be fined up to five hundred dollars ($500.00).
(Ord. 99-10. Passed 3-4-99.)