(A) General. All departments, officials, and employees who are charged with the duty or authority to issue permits or approvals shall not issue any permit or approval for uses or purposes when the permit or approval would be in conflict with this chapter. No permit shall be issued to any person who is in default to the city. By way of illustration, a person in default could owe the city income tax, property tax, water bill, or a business license fee. If a written payment plan has been accepted by the chief executive officer, the code official shall issue a conditional permit if all other provisions of this chapter are met. Any permit or approval, if issued in conflict with this chapter, shall be null and void.
(B) Permits.
(1) Conformance to zoning. No use, building, or structure, whether publicly or privately owned, shall be constructed or authorized until the location and extent thereof conform to the approved plan and the code official has issued the proper permits. Specifically, a zoning permit shall be obtained before the construction, physical development, or razing of a proposed new or expanded use, structure, or building; the restoration and structural improvement of any existing use or structure other than normal repairs and minor improvement; or a change of one use to any other use. When a building permit is required, zoning approval shall be an eligibility requirement or prerequisite for such permit.
(2) Expiration or cancellation. Each license, permit, or approval issued shall expire after 180 days if no work is undertaken or such use or activity is not established, unless a different time of issuance of the license or permit is allowed in this chapter, or unless an extension is granted by the Zoning Board of Appeals before expiration. Failure to comply fully with the terms of any permit, license, or approval shall be permitted to be grounds for cancellation or revocation. Action to cancel any license, permit, or approval shall be permitted to be taken on proper grounds by the code official. Cancellation of a permit or approval by the Commission or Board shall be permitted to be appealed in the same manner as its original action.
(3) Validity of licenses, permits, approvals, and variances. The code official shall require that the development or use in question before the Commission or Board proceed only under the terms of such license, permit, approval, or variance including any requirements or conditions established as a condition of issuance by the Commission or Board. Except as specifically provided for in this chapter and conditions of approval, the securing of one required review or approval shall not exempt the recipient from the necessity of securing any other required review or approval.
(4) Approval for and availability of essential services. All projects that require the additional use of new facilities or essential services, such as sewers, storm drains, fire hydrants, potable water, public streets, street lighting, and similar services, shall obtain such approval as required by the agency providing such services before project approval and permit issuance. Nonavailability of essential services shall be permitted to be grounds for denying permits for additional development until such services are available. The city is not obligated to extend or supply essential services if capacity is not available. If capacity is available, the extension of such services shall be by and at the cost of the developer. All service extensions shall be designed and installed in full conformance with the city's standards for such service, and shall be subject to review, permit, and inspection as required by other policies or ordinances of the city.
(C) Certificate of compliance required. A person shall not occupy a new structure, except an owner-occupied dwelling unit, or lot, or occupy an existing structure or lot until the code official has issued a certificate of compliance. If a change in ownership occurs in an established business, a certificate of compliance shall be required. Before a certificate of compliance is issued, the code official and other interested city officials and departments shall perform a thorough inspection intended to insure that both the structure and the use comply with all zoning requirements and any conditions previously imposed. After inspection and consultation with other interested city officials and departments, the code official shall:
(1) Issue the certificate of compliance if all requirements of this chapter are satisfied and all conditions, if any, have been met;
(2) Deny the certificate of compliance if all of the requirements of this chapter are not satisfied and all conditions, if any, have not been met, with such denial being in writing and clearly identifying the reasons for denial and imposing a time frame for compliance;
(3) Issue a temporary certificate of compliance for no more than 60 days, if in the opinion of the code official the reasons for possible denial are minor and can be addressed within a reasonable period of time; the temporary certificate of compliance shall have conditions imposed by the code official.
(D) Fees. A fee for services shall be charged. All fees shall be established by resolution of the Common Council during the adoption of the annual budget. Failure to apply for the appropriate zoning permit and paying the appropriate fee shall result in a municipal civil infraction and a doubling of the permit fee.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021)