§ 155.060  BUILDING PERMITS, CERTIFICATES OF OCCUPANCY AND COMPLIANCE, TEMPORARY USE PERMITS AND SPECIFIC USE PERMITS.
   (A)   Administration and enforcement.
      (1)   A Building Official shall administer and enforce this chapter. He may be provided with the assistance of such other persons as the City Manager may direct.
      (2)   If the Building Official shall find that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it.  He shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of additions, alterations, or structural changes thereto, discontinuance of any illegal work being done, or shall take any other action authorized by this chapter to insure compliance with or to prevent violation of its provisions.
   (B)   Building permits required.
      (1)   No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefore, issued by the Building Official.  No building permit shall be issued except in conformity with the provisions of this chapter, except after written order from the Board of Adjustment.
      (2)   Application for building permit.
         (a)   All applications for building permits shall be accompanied by plans in duplicate, drawn to scale showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alterations.  The application shall include such other information as lawfully may be required by the Building Official, including existing or proposed building or alteration; existing or proposed uses of the building and land, the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this chapter.
         (b)   One copy of the plans shall be returned to the applicant by the Building Official, after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy.  The second copy of the plans, similarly marked, shall be retained by the Building Official.
      (3)   Expiration of building permit.
         (a)   If the work described in any building permit has not begun within 90 days from the date of issuance thereof, said permit shall expire; it shall be canceled by the Building Official, and written notice thereof shall be given to the persons affected.
         (b)   If the work described in any building permit has not been substantially completed within two years of the date of issuance thereof, said permit shall expire and be canceled by the Building Official, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.
   (C)   Certificate of Occupancy and Compliance.
   The purpose of the Certificate of Occupancy and Compliance is to determine compliance with the provisions of this chapter. No owner shall use or permit the use of any land, structure or building, or part thereof hereafter created, erected, changed, converted or enlarged, wholly or partly, in any residential, commercial or manufacturing district until a Certificate of Occupancy and Compliance has been issued by the Building Official; provided, however, that no Certificate of Occupancy and Compliance shall be required when any use of land, structure or building or part thereof is continued by the renters, leasees or owner.
      (1)   No Certificate of Occupancy and Compliance shall be required for any land, structure or building occupied principally as a single-family dwelling unless more specifically required elsewhere in this chapter.
      (2)   A Certificate of Occupancy and Compliance shall be required for a home occupation in the residential districts.
      (3)   Application shall be made by the property owner or agent thereof on a form prescribed by the City Council.
      (4)   There shall be no fee for a Certificate of Occupancy and Compliance.
      (5)   It shall be the duty of the Building Official to issue a Certificate of Occupancy and Compliance, provided he is satisfied that the structure, building or premises, and the proposed uses thereof conform with all requirements of this chapter and that all other reviews and actions, if any, called for in this chapter have been complied with and all necessary approvals secured therefore.
         (a)   No vacant land shall be occupied or used except for agricultural uses, until a Certificate of Occupancy shall have been issued by the Building Official or City Secretary.
         (b)   No premises shall be used and no buildings hereafter erected or structurally altered shall be used, occupied or changed in use, until a Certificate of Occupancy and Compliance shall have been issued by the Building Official under the building laws and the provisions of these regulations.
         (c)   Certificates of Occupancy and Compliance shall be applied for coincident with the application for a building permit and shall be issued within ten days after the erection or structural alterations of such buildings shall have been completed in conformity with the provisions of these regulations.  A record of all certificates shall be kept on file in the office of the City Secretary or Building Official.
         (d)   No permit for construction for any building shall be issued before application has been made for Certificate of Occupancy and Compliance.
         (e)   A Certificate of Occupancy and Compliance shall be required of all non-conforming uses.  Application for a Certificate of Occupancy and Compliance for nonconforming uses shall be filed within 12 months from the effective date of this chapter with the City Secretary or Building Official.
      (6)   Land and building may be occupied and used only for the use for which the Certificate of Occupancy and Compliance is issued.
         (a)   In any case where the conditions of the Certificate of Occupancy and Compliance have not been complied with, the permittee shall be given notice of the revocation thereof, and after such notice, said permittee shall no longer be authorized to utilize the premises as authorized under said original Certificate of Occupancy and Compliance.  The decision of the Building Official to revoke the permit may be appealed to the Board of Adjustment within 10 days from the date of said notice aforesaid, and not thereafter, during which appeal time, and until a decision shall have been rendered by the Board of Adjustment on the appeal, said permittee shall not further act under the provisions of the original Certificate of Occupancy and Compliance.
         (b)   In any case where a Certificate of Occupancy and Compliance has not been used within 90 days from the date of issuance thereof, then without further action, the Certificate of Occupancy and Compliance shall be null and void.  A Certificate of Occupancy and Compliance that has not been fully complied with within one year from date of issuance thereof shall be null and void; provided, however, upon proper showing of necessity therefore, after application by the permittee, the Building Inspector may extend such Certificate of Occupancy and Compliance for an additional period or additional periods of six months at a time.
      (7)   A record of all Certificates of Occupancy and Compliance shall be kept in the office of the Building Official, and a copy of any such permit shall be furnished on request to any person having a proprietary or tenancy interest in the building or premises affected.
      (8)   No excavation for any building shall be commenced before a Certificate of Occupancy and Compliance for the intended building has been issued.
      (9)   Failure to obtain a Certificate of Occupancy and Compliance shall be a violation of this chapter and punishable under § 155.999.
   (D)   Temporary use permits.
      (1)   In addition to the Certificate of Occupancy and Compliance called for in division (C) above, a temporary use permit shall be required before the following temporary uses can be permitted in the district or districts indicated:
 
Parking Ratio
Temporary Use
District
none
Auction sales
R, C
none
Automobile parking lot (for special event)
R
none
Batching plant, Portland cement, concrete, non-commercial
R, C
1/500
Carnival or circus
C, M
none
Christmas trees and wreaths, retail
R
none
Construction building and/or yard
R, C
none
Retail and wholesale of agricultural products not raised on the premises and sold from vehicles parked off-street, not over 500 square feet of retail and wholesale storage and sales area
 
      (2)   A temporary use permit is an exception to the Zoning Ordinance and allowable where the facts and conditions prescribed in the chapter as those upon which a temporary use permit may be granted are determined by the Board of Adjustment to exist.
      (3)   The applicant, in applying to the Board of Adjustment for a temporary use permit or exception, shall simply demonstrate that he meets the requirements of the particular use and district and need not show unnecessary hardship.
      (4)   The Building Official shall not issue a Certificate of Occupancy and Compliance for such uses that are hereafter created, changed, converted or enlarged, either wholly or in part, until a temporary use permit has been obtained from the Board of Adjustment in accordance with the exceptions procedures set forth in § 155.061 (B)(2).
      (5)   The purpose of the regulations described in this division is to allow the proper integration into the city of uses which may be suitable only in specific locations in a Zoning District and only for limited periods of time. 
      (6)   Application for a temporary use permit shall be made by the property owner or certified agent thereof to the Board of Adjustment on forms prescribed for this purpose by the City Council.  Such application shall be accompanied by a site plan as set forth in § 155.023 (D). Temporary use permits, revocable, conditional and valid for a term period not to exceed 12 months, may be issued by the Board of Adjustment for any of the uses or purposes for which such permits are required or permitted by the terms of this chapter. Granting of a temporary use permit does not exempt the applicant from complying with the requirements of the Building Code or other ordinances.
      (7)   The fee to cover administrative costs of a temporary use permit application shall be as established by the City Council, no part of which shall be refundable.
      (8)   In considering any application for a temporary use permit, the Board of Adjustment shall give due regard to the nature and condition of all adjacent uses and structures.  The Board of Adjustment may deny an application for a temporary use permit, and in granting or renewing a temporary use permit, the Board of Adjustment may impose such requirements and conditions with respect to location, construction, maintenance, and operation, in addition to those expressly stipulated in this chapter for the particular use, as they may deem necessary for the protection of adjacent properties, and the public interest.
      (9)   Provided that the Board of Adjustment finds:
         (a)   That the proposed structure or use conforms to the requirements and intent of this chapter and the Comprehensive Plan;
         (b)   That any additional conditions stipulated by the Board of Adjustment as deemed necessary in the public interest have been met; and
         (c)   That such use will not under the circumstances of the particular case constitute a nuisance or be detrimental to the public welfare of the community; the Board of Adjustment shall issue a temporary use permit therefor.
      (10)   Following the issuance of a temporary use permit by the Board of Adjustment, the Building Official shall issue a Certificate of Occupancy and Compliance, as provided in division (C) above, and shall ensure that development is undertaken and completed in compliance with said permits.
   (E)   Specific use permits.
      (1)   In addition to the Certificate of Occupancy and Compliance called for in division (C) above, a specific use permit shall be required before the following specific uses can be permitted in the district or districts indicated.
 
Parking Ratio
Specific Use
District
1/400
Ambulance Service
R-2
1/100
Benevolent, non-profit, charitable, state chartered organizations
in any district
none
Cemetery or mausoleum
R
1/3 seats
Church or other place of worship including parish houses and Sunday schools but excluding missions or temporary revivals
R
1/200
City, County, State and Federal government administrative buildings
R
1/400
City fire and police station
R
none
City, County, State and Federal government garage, maintenance yard, or similar government establishment
R
none
Concession stand within a park, playground or playfield
R
none
Earth moving and excavations depositing of construction materials, clay, earth, gravel, minerals, rock, sand, or stone on the ground
in any district
1/400
Electrical substation
R
1/400
Gas Compressor or regulator station
R
none
Golf Course, but not including commercial golf games or amusement
R
1/3 beds
Institution, correctional, detention, penal or for use of insane, feeble minded, alcoholic or narcotic patients on a minimum site of 15 acres
R
 
Parking Ratio
Specific Use
District
1/3 beds
Institution for children and aged; non-profit
R
1/400
Liquor Store
C-2
none
Mining, including exploration for or production of gas or oil; extraction of clay, gravel or sand; quarrying of rock or stone
in any district
1/3 beds min.
1/1 bed max.
Personal Care Homes
in any district
1/400
Public Library or museum
R
none
Radio or television broadcasting transmitter or tower, microwave relay tower
in any district
1/space
Recreational vehicle park
in any district except R-1, R-2, W-1 and W-1R
1/3 beds
Sanitorium on a site of 10 acres or more
R
1/1.5 emp.
Schools; elementary, high, college and universities, public, private or denominational
in any district
1/1.5 emp
School nursery, kindergarten, or day care for children
R
1/100
Sexually oriented business
C-3
1/200
Shopping center on a site of 5 acres or more
R
1/400
Telephone exchange but not including garage shop or service
R
1/1.5 emp.
Wrecker Storage Pens/Facilities
M-1
none
Wholesale offices with storage facilities if the permit authorizing such use is limited to a stated period of time to be determined by the City Council at the time such permit is granted
C-1
none
Fabrication and assembly of products if the permit authorizing such use is limited to a stated period of time to be determined by the City Council at the time such permit is granted
C-2
 
      (2)   A specific use permit is an amendment to the district regulations of the Zoning Ordinance that permits the permanent establishment of a specific use within a zoning district in which such specific use may be established.
      (3)   The Building Official shall not issue a Certificate of Occupancy and Compliance for such uses that are hereafter created, changed, converted or enlarged, either wholly or in part, until a specific use permit has been obtained in accordance with the amendment procedures set forth in § 155.064.
      (4)   The purpose of the regulations described in this subsection is to allow the proper integration into the city of uses which may be suitable only in specific locations in a zoning district.
      (5)   Application for a specific use permit shall be made by the property owner or certified agent thereof to the Planning Commission on forms prescribed for this purpose by the City Council.  Such application shall be accompanied by a site plan as set forth in § 155.023.  Specific use permits, revocable, conditional or valid for a term period may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this chapter. Granting of a specific use permit does not exempt the applicant from complying with the requirements of the Building Code or other ordinances.
      (6)   The fee to cover administrative and processing costs of a specific use permit application shall be as established by the City Council.  If in accordance with the procedures of § 155.064 (A)(2) an application for a specific use permit receives an unfavorable recommendation from the Planning Commission after public hearing and is not appealed to the City Council within 10 days; half of the fee will be refunded to the applicant.
      (7)   In considering any application for a specific use permit, the Planning Commission shall give due regard to the nature and condition of all adjacent uses and structures.  The Planning Commission may recommend disapproval of an application for a specific use permit, and, in recommending approval of a specific use permit, the Planning Commission may impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to the regulations of the district in which the particular use is located, as they may deem necessary for the protection of the adjacent properties and public interest.
      (8)   Provided that the Planning Commission finds:
         (a)   That the proposed structure or use conforms to the requirements and intent of this chapter and the Comprehensive Plan of the city;
         (b)   That any additional conditions stipulated by the Planning Commission as deemed necessary in the public interest have been met; and
         (c)   That such use will not under the circumstances of the particular case constitute a nuisance or be detrimental to the public welfare of the community, the Planning Commission shall make a favorable recommendation in behalf of the application to the City Council.
      (9)   Every specific use permit granted by the City Council shall be considered as an amendment to the Zoning Ordinance as applicable to such property.  In granting such permit, the City Council may impose conditions which shall be complied with by the grantee before a Certificate of Occupancy and Compliance may be issued by the Building Official for the use of the buildings on such property pursuant to said specific use permit; and such conditions shall not be construed as conditions precedent to the granting of the specific use permit; but shall be construed as conditions precedent to the granting of the Certificate of Occupancy and Compliance.
      (10)   Following the passage of a Specific Use Permit Ordinance by the City Council, the Building Official shall issue Certificate of Occupancy and Compliance, as provided in division (C) above, and shall insure that development is undertaken and completed with said permits.
   (F)   Construction and use to be as provided in applications, plans, building permits and Certificate of Occupancy and Compliance.  Building permits or Certificates of Occupancy and Compliance issued on the basis of plans and applications approved by the Building Official authorize only the use, arrangement and construction set forth in such approved plans and applications.  Any other use, arrangement or construction at variance with that authorized shall be deemed violation of this chapter and punishable as provided by § 155.999.
   (G)   No building permit or certificate of occupancy and compliance for the use of any building or structure as a game room for coin operated machines, other than one used or to be used exclusively for excluded machines, shall be issued.
   (H)   All recreational vehicle parks, for which a specific use permit has been granted, shall be operated in compliance with all of the terms and conditions of §§ 120.24 through 120.26 of this code.
(Ord. 1100 § 9, passed 4-3-64; Am. Ord. 1100-W, passed 10-24-77; Am. Ord. 1100-VV, passed 4-6-81; Am. Ord. 1100-YY, passed 7-20-81; Am. Ord. 1100-90-1, passed 8-6-90; Am. Ord. 1100-97-1, passed 6-2-97; Am. Ord. 2004-2040, passed 3-15-04; Am. Ord. 2004-2041, passed 3-15-04; Am. Ord. 2005-2077, passed 3-21-05; Am. Ord. 2010-2444, passed 5-4-10)  Penalty, see § 155.999