(A) Required permit. A building permit may be issued by the Planning Director for the following:
(1) Single-family residential dwellings;
(2) Two-family residential dwellings;
(3) Multi-family residential dwellings;
(4) Room additions, residential and non-residential structures;
(5) Barns, garages, and other post frame construction;
(6) Non-residential structures, principle and accessory buildings; and
(7) Condominium developments.
(B) General. The issuance of a building permit cannot substitute for or supersede the requirement of the issuance of an occupancy permit before the occupation of any building or structure. The issuance of a building permit does not waive any requirement of any pertinent municipal, county, state or federal ordinance, rule, regulation or law.
(C) Application process. With the exception of condominium projects, the application process for all other building permits is as follows:
(1) A building permit shall be applied for in writing on a form provided by the Plan Commission.
(2) Every application for a building permit shall be accompanied by a site plan drawn to scale (or with sufficient dimensions labeled to determine scale) and on plain paper no smaller than 8 1/2 x11 inches, showing:
(a) Lot size;
(b) All property boundaries;
(c) All adjacent streets and/or alleys;
(d) The ground area of the building or structure;
(e) The building set back lines;
(f) The number of stories or the height of building or structure;
(g) A sidewall diagram;
(h) The use to be made of the building or structure or land;
(i) The location of all easements and rights-of-way;
(j) The location and elevation of all signs;
(k) All driveway and parking spaces (with dimensions);
(l) The location of any streams, ponds or other water bodies;
(m) The location of well and septic systems, if applicable; and
(n) All other information required by the Planning Director.
(3) Upon receipt of an application for a building permit, the Planning Director shall review said application for completeness. If the application is found to be complete, the application shall then be processed per the provisions of this section. If the application is found to be incomplete, the Planning Director shall send to the applicant a written notice of the specific ways in which the application is deficient, including appropriate references to the applicable sections of this chapter.
(D) Review. In his or her review of a complete application for a building permit, the Planning Director shall:
(1) Issue the building permit if the proposed structure, improvement or use of land ands its location is shown to conform in all respects to the comprehensive plan, this chapter, and/or an official order from the BZA; and all other local, state and federal requirements; or
(2) Reject the building permit if the proposed structure, improvement or use of land and its location fails in any way to conform with the comprehensive plan, this chapter, and/or an official order from the BZA; and all other local, state and federal requirements; and
(3) In either case, the Planning Director shall notify the applicant of the decision, as follows:
(a) In case of an approval, a validated building permit shall be returned to the applicant, or
(b) In case of a rejection, the Planning Director shall notify the applicant, in writing, specifying the deficiencies of the building permit application and advising that the Planning Director’s decision may be appealed in accordance with § 153.121, Administrative Appeal.
(E) Permit modifications. Modifications to an approved building permit are classified as minor, BZA, or major and are permitted as follows:
(1) The applicant of a building permit requesting approval of modifications shall submit a written request for such approval to the Planning Director, and the request shall specify all modifications.
(2) The Planning Director shall determine which category the request falls under. The Planning Director shall notify the applicant in writing of such determination or approval. If the applicant disagrees with such determination, the decision may be appealed to the BZA.
(3) Minor modifications. Insignificant deviations and minor design changes to a building permit are permissible and the Planning Director shall authorize such modifications. For purposes of this section, an insignificant deviation or minor design modification is permissible if it has no discernible impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.
(4) BZA modifications. If the request for modifications concern or require an official order of the BZA, such improvement shall immediately stop and the request shall be processed as a petition to the BZA, including the payment of all required fees.
(a) If the modification is approved, the Planning Director shall notify the applicant in writing of the BZA decision and the improvement may continue as modified.
(b) If the modification is denied, the Planning Director shall revoke the original building permit per § 153.134 (D).
(5) Major modifications. All other requests for modifications of a building permit shall be major and the Planning Director shall revoke the original building permit according to § 153.134(D). The new request shall be processed as a new building permit application.
(6) In any of the modification categories set forth in this chapter, the applicant retains the right to withdraw the request for a modification at any time by notifying the Planning Director, in writing, of such decision. The improvement may then proceed in accordance with the originally issued building permit.
(F) Building permits for condominium projects. A building permit may be issued only upon the approval of the Declaration and the plan of improvements by the Planning Director and City Engineer.
(Ord. 4-2009, passed 3-9-09)