(A) It shall be necessary to obtain a zoning permit for all prefabricated, freestanding carports, sheds (measuring from 60 square feet to 120 square feet), fences up to six feet in height, retaining walls up to four feet (measured from the bottom of the footing up to the top of the wall) unless supporting a surcharge, awnings with less than 54-inch projection and handicapped ramps.
(B) Application for a zoning permit shall be submitted in a form as the Planning/Community Development Director may prescribe and on forms supplied by the city. Application shall be made by the owner or his or her duly authorized representative. The application shall contain the full name and address of the owner and the applicant.
(C) The application must briefly describe the proposed work, the use and occupancy of the building and the grounds and shall give additional information as may be required by the Planning/Community Development Director for an intelligent understanding of the proposed work.
(D) All applications for zoning permits shall be accompanied by a plan as defined under § 159.051, showing the actual dimensions of the lot to be built upon, the size of the building or buildings to be erected, distances to lot lines from buildings and any other information as may be necessary to furnish for the enforcement of these regulations. A careful record of the application and plats shall be kept in the office of the Planning/Community Development Director. No court, yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall again be used as a yard, court or other open space for another building.
(E) It shall be the duty of the Planning/Community Development Director to inspect applications for zoning permits within three business days after receipt of the application. If, after examination, he or she finds no objection to the same and it appears that the proposed work will be in compliance with the laws and ordinances applicable thereto, he or she shall approve the application and issue a zoning permit for the proposed work as soon as practical. If his or her examination reveals otherwise, he or she will reject the application, noting his or her findings in a report to be attached to the application and delivering a copy to the applicant. The applicant shall have the right of appeal from the Building and Neighborhood Services Director or his or her designee’s decision to the Zoning Board of Adjustment; any appeal must be submitted within 15 business days from the date of application.
(F) All work performed under a zoning permit issued by the Planning/Community Development Director shall conform to the approved application and approved amendments thereto. The location of all new construction, as shown on the approved plat or an approved amendment thereof, shall be strictly adhered to.
(G) It is unlawful to reduce or diminish the area of a lot or plot of which a plot diagram has been filed and has been used as the basis for a zoning permit unless a revised plot diagram, showing the proposed change in condition, shall have been filed and approved, provided, however, that this shall not apply when the lot is reduced by reason of a street opening or widening or other public improvements.
(H) The Planning/Community Development Director shall be given at least three business days notice of the starting of work under the zoning permit. Construction pursuant to the permit must begin within 90 days from the application date. The permit will expire at the end of one year from the application date.
(I) It shall be the duty of the Planning/Community Development Director or his or her designated representative to inspect the layout of the proposed work within three business days after receipt of the application. He or she shall satisfy himself or herself that the proposed work is conforming to the plot plan submitted with the application for a zoning permit. If work started does not conform to the plot, diagram or other information given in the application he or she is hereby granted authority to stop work until the provisions of the permit are complied with.
(J) The Planning/Community Development Director may revoke a zoning permit or approval issued under the provisions of this chapter in case there have been any false statements or misrepresentation as to a material part in the application or drawings on which the permit or approval was based.
(K) A permanent record shall be kept of all applications for zoning permits and it shall be unlawful to change the use or occupancy of a building or land to a use or occupancy other than that described in the application. If it is desired to change to another conforming use or occupancy, a new application must be submitted and approved.
(L) Fees for zoning permits and Zoning Board of Adjustment appeals, permits or amendments for work shall be in amounts established by resolution, from time to time, by the Council. The fees shall be paid at the time of zoning application is approved. If construction has commenced prior to the issuance of a permit, the fee for the permit shall be twice the amount of the actual zoning permit fee.
(M) The property owner is responsible for compliance with any private subdivision covenant.
(N) Zoning permits will not be required for dog houses, dog pens less than 60 square feet in area, sheds less than 60 square feet in area, yard ornaments, play equipment, playhouses, fencing for gardens and flower beds, ornamental fencing less than ten feet in length and prefabricated and/or inflatable swimming pools that are not permanently installed.
(O) (1) Moratorium on building permits in the Camanche Avenue Corridor as described in § 159.052. The Planning/Community Development Director shall not issue any building permits for any new construction or remodeling work which changes the size, outline, area, location on lot, height of structure or yard requirements until March 31, 2004, except where a vested right to the issuance of the approval accrued to any person, firm or corporation as a matter of law prior to the effective date of this section.
(2) Exceptions. Any person, firm or corporation so aggrieved by or adversely affected by the Planning/Community Development Director’s refusal to issue a permit pursuant to this moratorium shall appeal therefrom to the City Council. The City Council may direct the Planning/Community Development Director to issue a permit during the moratorium for any work in the Camanche Avenue Corridor which the City Council determines would not negatively impact the redevelopment plan, upon good showing cause by the person, firm or corporation. This moratorium shall not apply to any required repairs that pose a health or safety hazard to the occupants or the general public or to any repair or replacement of any lawful sign as long as the repair or replacement does not change the size, shape or location of the sign. The moratorium shall not apply to any new wall signs placed on existing buildings or any fence.
(1999 Code, § 165.33) (Ord. 2234, passed 4-10-2001; Ord. 2247, passed 10-9-2001; Ord. 2264, passed 2-25-2003; Ord. 2352, passed 7-24-2007; Ord. 2368, passed 5-27-2008)