The provisions of this chapter shall be enforced by the building inspector as the City Council so direct.
A. Duties Of Building Inspector: The building inspector shall:
1. Receive and examine applications for and issue zoning compliance certificates and occupancy permits;
2. Make such inspections of buildings, structures and premises as are necessary to enforce the provisions of this chapter;
3. Revoke any zoning compliance certificate or occupancy permit wherein he may have erroneously authorized a use not permitted in the district or a structure which does not meet the regulations of this chapter, whereupon such permit shall be void; and
4. Carry out the orders of the city council and/or the planning commission issued in accordance with the provisions of this chapter.
5. Under no circumstances shall the building inspector:
a. Grant exceptions to the actual meaning of any clause, order or regulation contained in this chapter;
b. Make changes in or vary the terms of this chapter.
B. Zoning Compliance Certificates Required: It shall be unlawful to commence any excavation for, or erection, alteration, enlargement, extension or moving of, any building or structure, or part thereof, or to change or extend the use of any lot, or to change the use or type of occupancy of any building or structure, except as may be provided elsewhere in this chapter until a zoning compliance certificate for such action has been issued by the building inspector. It shall also be unlawful to change the type of use on any lot on which there is a nonconforming use, until the building inspector has issued a zoning compliance certificate for such intended use. Accessory buildings or structures, when proposed for erection at the same time as the principal building and included on the application therefor, shall not require a separate certificate. No zoning compliance certificate shall be issued except in conformity to the provisions of this chapter, and by written order of the city council.
1. Applications:
a. Applications for zoning compliance certificates shall be filed with the building inspector on forms provided for the purpose. In cases where a building permit is also required by the city building code, application for a zoning compliance certificate shall be made coincidentally with application for building permit. In all other cases, it shall be made prior to the date when a new or enlarged use of a building or premises, or part thereof, is intended to begin.
b. When the building inspector receives an application for a zoning compliance certificate for a use which requires a permit from the city council, such application, together with all supporting data, shall be transmitted by the building inspector to the planning board and the city council.
c. When the building inspector receives an application for a zoning compliance certificate for a use which required a conditional use permit, or for which site plan approval by the planning commission is required, such application shall be transmitted to the planning commission and a zoning compliance certificate shall not be issued by the building inspector until the planning commission and the city council have approved the site plans.
2. Site Plan Required: Application for zoning compliance certificates shall be accompanied by site plans, which shall be filed in the building inspector's office, showing the following and any such additional information as may be required to assure conformity of the proposed building, structure or use to the provisions of this chapter:
a. Legal description of the property by township, range and section coordinates, and by metes and bounds, or if the property is a part of a recorded plat, by name, book and page number of plat and lot number or parcel designation;
b. Name, address and telephone number of the property owner of the person who prepared the site plan;
c. Dimensions of all lot and property lines showing the relationship of the property to abutting properties; boundaries of all lots or parcels under separate ownership contained therein, or abutting thereon;
d. Precise location, dimensions, height and use of all buildings and structures existing on the property;
e. Location, alignment and right of way width of all streets, alleys and utility easements existing in or abutting the property;
f. Location and dimensions and number of spaces contained in all existing and proposed off street parking lots and loading areas;
g. Location, right of way width and alignment of all proposed public streets, alleys and utility easements in or abutting the site, and location and width of all access drives to the property from public streets;
h. Precise location, size and height of all buildings and structures proposed to be erected or altered;
i. Proposed uses of buildings, structures and land, including the number of dwelling units, amount of usable floor area, etc.; and
j. Any additional information required to show how all special regulations pertaining to the proposed use are to be met.
3. Site Plans For Part Of Complex: In the case of an application for a zoning compliance certificate for any part of a building complex or use of land, which complex or use is proposed to be completed at a later date, a preliminary site plan drawn to scale for the entire complex or use shall be submitted for approval in addition to and at the same time as the submission of detailed site plans required above. Such preliminary site plans shall show how the part for which a zoning compliance certificate is sought will be related to the part(s) to be constructed at a later date.
4. Site Plan Review And Approval: All site plans, except those submitted as part of an application for a conditional use permit, a special use permit, a temporary use permit, or indicated as requiring planning commission approval, shall require review and approval by the building inspector prior to issuance of a zoning compliance certificate. If site plans are found to be deficient or require modification in any respect to meet the requirements of this chapter, the building inspector shall call in the applicant and/or the person preparing the plan for clarification of site plan requirements and regulations pertaining to the particular use.
5. Issuance Of Zoning Compliance Certificates:
a. If review of the application and site plan indicates that the proposed use will meet all requirements and comply with all regulations pertaining thereto, the building inspector shall, within ten (10) days after receipt of the application, issue a zoning compliance certificate to the applicant.
b. If, in the opinion of the building inspector, the proposed use will not meet all requirements and comply with all regulations pertaining thereto, he shall within ten (10) days after receipt of the application, refuse to issue a zoning compliance certificate. When a certificate is refused, the building inspector shall so inform the applicant in writing stating his reasons for refusal, and shall retain a copy of the action in his files.
c. The building inspector shall return one copy of submitted site plans to the applicant marked either "approved" or "disapproved" and attested by his signature. The second copy of plans, similarly marked and signed, shall be retained in the files of the building inspector.
d. A zoning compliance certificate shall remain in force until the building, structure or use has been completed and an occupancy permit has been issued therefor. All buildings must be completed within two (2) years from the date of issuance of the occupancy permit.
6. Site Plan Revisions: From time to time, before or during the course of construction, the person holding a zoning compliance certificate may request and the building inspector may approve minor revisions of an approved site plan; provided, however, that such revisions shall not propose any change in standards nor reduce the degree of compliance with any requirements of this chapter. All such revisions shall be approved in writing by the building inspector and a complete record of such action shall be filed in his office.
C. Occupancy Permits: It shall be unlawful to use or occupy, or permit the use or occupancy of, any building or structure, or any change or extension of a use of land, unless and until an occupancy permit has been issued therefor by the building inspector.
1. Issuance Of Occupancy Permits: Within five (5) regular workdays after receipt of notice that the building, structure or premises, or part thereof, has been completed and is ready for use of occupancy, the building inspector shall make a final inspection thereof to determine whether construction has been completed in conformity with provisions of this chapter. If he finds construction in conformity, he shall issue an occupancy permit to the owner of the building, structure or premises.
2. Temporary Occupancy Permits: The building inspector may issue a temporary occupancy permit for a part of a building, structure or use prior to completion of the entire building, structure or use; provided, that such part has been completed in conformity with all provisions of this chapter and is considered safe and suitable for use or occupancy. Such temporary occupancy permit shall then remain in force until the entire building, structure or use has been completed and inspected, and an occupancy permit has been issued therefor. (Ord. 256, 4-11-1978; amd. Ord. 274, 5-22-1979)