Skip to code content (skip section selection)
12.11.01 Applicability. No building or other structure may be erected, moved, added to, or structurally altered without a permit issued by the Building Inspector. No building permit may be issued except in conformity with the provisions of this zoning ordinance, except after written orders from the Board of Adjustment.
(A) An application for a building permit must be filed by the owner of the subject property or the property owner's authorized agent.
(B) Applications must be filed with the Building Inspector.
(C) Contents. All applications for building permits must be accompanied by:
(1) A complete application form provided by the Building Inspector;
(2) An approved zoning permit;
(3) The required fee for a building permit;
(4) Where required, two copies of site plan of the area at a scale no smaller than one inch to 100 feet and bearing the seal of an architect or engineer registered in the Commonwealth of Kentucky must be filed with the Building Inspector setting forth, identifying, and locating the following:
(a) Total area in development project, including legal description.
(b) Present zoning of property in question and adjacent properties.
(c) All public and private right-of-way and easement lines located on or adjacent to the property that are proposed to be continued, created, relocated, or abandoned.
(d) Existing topography with a maximum of two-foot contour intervals. Where existing ground is on a slope of less than two percent, either one-foot contours or spot elevations, where necessary, but not more than 50 feet apart in both directions is required.
(e) The proposed finished grade of the development area shown by contours with intervals not larger than two feet, supplemented where necessary by spot elevations.
(f) The location of every existing and proposed building in the described parcels, the uses to be contained therein, the number of buildings, including dimensions and height, the gross floor area, and number of floors.
(g) Location and dimension of all curb cuts, driving lanes, off-street parking, and loading areas, including the number of spaces, angle of stalls, grades, and illumination facilities.
(h) All walks, malls, and other open areas.
(i) Location of all walls, fences, and screen planting.
(j) Location, size, height, and orientation of all signs.
(k) Types of surfacing proposed on the various off-street parking and driveways, including cross sections and drainage plans.
(l) Location of all existing and proposed streets, highways, and alleys.
(m) All existing and proposed water and sanitary sewer lines, indicating pipe sizes, types, and grades.
(n) A drainage plan of the area showing size and location of each existing and proposed structure. The approximate volume of water generated by development of the subject area and the proposed method of disposing of the water. Provisions must be included for adequate control of erosion and sedimentation, indicating the proposed temporary and permanent control practices and measures that will be implemented during all phases of clearing, grading, and construction.
(o) Such other information with regard to the development area as may be required by the Building Inspector to determine conformance with this zoning ordinance. The Building Inspector may also waive the submission of items not affected by the proposed construction or not necessary to determine compliance with this zoning ordinance.
(5) Plans in duplicate approved by the Building Inspector and including any additional information required by the Building Code and Building Inspector, as may be necessary to determine conformance with and provide for the enforcement of the Building Code and the Kentucky Revised Statutes.
(6) An approved Certificate of Appropriateness if the property is located in a Historic Preservation Overlay zone or a Chapter 99 Development Plan area.
12.11.03 Building Inspector Action.
(A) Issuance of Building Permit.
(1) The Building Inspector must either approve or disapprove the application. If disapproved, one copy of the submitted plans must be returned to the applicant marked "disapproved" and must indicate the reasons for such disapproval thereon. Such disapproval must be attested by the Building Inspector's signature. The second copy, similarly marked, must be retained by the Building Inspector.
(2) If approved, one copy of the submitted plans must be returned to the applicant marked "approved." Such approval must be attested by the Building Inspector's signature. The second copy, similarly marked, must be retained by the Building Inspector. The Building Inspector must also issue a building permit to the applicant at this time and must retain a duplicate copy for his or her records.
(B) Compliance. It is unlawful to issue a building permit or certificate of occupancy to build, create, erect, change, alter, convert, or occupy any building or structure hereafter, unless a zoning permit has been issued in compliance with this zoning ordinance.
(A) If the work described in any building permit has not begun within 90 consecutive calendar days from the date of issuance thereof, the permit will expire and be cancelled by the Building Inspector and no construction will be permitted until a new building permit has been obtained, except an extension may be granted if sufficient evidence is produced to demonstrate why the work described in the building permit was not begun during the requisite time period.
(B) For purposes of this section, construction will be deemed to have been started at the time of completion of the foundation. After the work described in the building permit has been started, the building permit will expire after a period of 180 days, provided that an extension may be granted if sufficient evidence is produced to demonstrate why the work described in the building permit was not completed during the requisite time period.
(C) Building permits will be issued on the basis of applications and plans approved by the Building Inspector. The building permit will only permit the use, arrangement, and construction set forth in the approved zoning permit, applications, and plans. Use, arrangement, or construction that deviates from the approved zoning permit, applications, and plans will be deemed in violation of this zoning ordinance.
12.11.05 Work Begun Without a Building Permit. Pursuant to KRS 100.267, if no building permit has been issued and a builder begins or continues to build, a stop work order may be issued and/or a restraining order may be obtained upon application to a court of record. The lack of a building permit will be prima facie evidence for the issuance of a restraining order.
(Ord. O-37-06, passed 8-15-06)