1. Preapplication Conference. Whenever a subdivision of land is proposed by Plat of Survey, the applicant shall submit to the Building Official a request for preapplication conference. The purpose of the conference is to acquaint the applicant with the regulations and policies that might relate to the proposed subdivision. The applicant shall furnish the Building Official four (4) copies of the proposed Plat of Survey.
2. Review and Approval. The Building Official shall review the proposed Plat of Survey and may approve said Plat of Survey only in the instances outlined in Section 170.01(10). All other Plat of Surveys shall be rejected and required to submit for review and approval a preliminary and final plat according to the procedure outlined in this chapter.
3. Enforcement. No building permit and no certificate of occupancy shall be issued for any structure located on a subdivision created by a Plat of Survey unless said Plat of Survey has been approved as set forth in this chapter and the Plat of Survey and all required easements have been filed of record.
4. Appeals.
A. The applicant may appeal the determination of the Building Official to the Planning and Zoning Commission. Appeals shall be made on the form provided by the City Clerk and submitted within thirty (30) days of the decision of the Building Official.
B. The Planning and Zoning Commission shall decide all appeals under this subsection within thirty (30) days after notification of appeal has been received by the City, unless a longer time is agreed upon in writing by the parties. Failure to decide the appeal within the time period allowed shall constitute denial of the appeal. To overturn the decision of the Building Official, two-thirds of the members of the Planning and Zoning Commission shall be necessary. At the hearing, both the appealing party and Building Official shall be presented a reasonable opportunity to present his or her views.
C. Decisions of the Planning and Zoning Commission may be appealed to the City Council, provided that two-thirds of the members of the City Council shall be necessary to overturn or modify the decision of the Planning and Zoning Commission.
D. In making its decision on appeal, an appellate body shall determine whether the Building Official’s decision was in conformity with the requirements of this chapter. Each decision of the appellate body shall be in writing and filed with the City Clerk within thirty (30) days.
(Ord. 2011-1002 – Apr. 11 Supp.)