(A) Existing structures.
(1) This section shall not apply to any carports or RV shelters existing as of the effective date of this section except and unless substantial repairs or alterations are performed on same.
(2) SUBSTANTIAL
shall mean work performed on more than 25% of the structure.
(3) If the 25% rule is exceeded the structure will require a new permit and the structure must meet all requirements of the current ordinance in effect at time of repairs.
(B) Building permits.
(1) In all sections of the town zoned R-1 or R-2, a building permit must be obtained before erecting a new or starting substantial repairs on a carport.
(a) A town permit application must be completed and filed for review and approval.
(b) The permit application shall include a plat copy and drawing indicating the location of the proposed structure, any easements, distance from side and rear property lines, distance from the main structure, spacing from other buildings, the total square footage of the land and the total of square footage of all other buildings behind the main structure, and distance to utility lines, sewer systems, and water wells.
(c) Plans of the proposed structure: two sets of plans are required and plans must meet any and all adopted building codes.
(2) A building permit issued for the construction or repair of a carport shall be effective for a period of six months. An extension, not to exceed 60 days, may be granted for good cause by the Town Building Official, but only if it appears probable that work will be completed promptly.
(3) Any partially completed carport shall be deemed to be a substandard structure after the expiration of the building permit and shall be removed by the owner of the property within ten days from the date of notice given to the occupant or owner by the town. If it is not removed within ten days, then the town may take steps to demolish and remove same and all cost thereof shall be billed to and paid by the owner. If payment is not made within 30 days after the bill of costs is sent, then the town may take legal action to collect same as well as all costs, including attorney fees’ and administrative fees, and interest at the maximum rate allowed by law, and/or the town may cut off any utility furnished by the town until same is paid along with a reconnect fee for the utility.
(C) Standards.
(1) Carports within the town shall be permitted in all sections that are zoned R-1 or R-2, or the successor to those zoning districts.
(2) No portion of it may be located within 15 feet of the surveyed front, or rear surveyed property line or ten feet of a surveyed side property line.
(3) All carports that are erected behind the rear building line of the main dwelling shall be included in the 10% land usage rule.
(a) The total square footage of all accessory buildings/structures, detached garages, RV buildings and carports shall not exceed 10% of the total land behind the main dwelling.
(b) The total square footage will be determined by the space covered by the roof of the building.
(c) There will be a minimum spacing of 10 feet between all structures except for carports as provided in division (C)(6) below.
(4) It may have a flat roof or pitched roof:
(a) Flat roof. The top of the roof may not exceed eight feet as measured from the finished parking surface.
(b) Pitched roof.
1. The opening may not exceed eight feet as measured from the finished parking surface.
2. The peak of the roof line shall not exceed 12 feet or be taller than the adjacent roof line of the main structure as measured from the finished parking surface, whichever is shorter.
(5) The structure, either wood or metal, that is less than one foot from the main structure shall be attached to the residence.
(6) It shall have paved flooring and shall have a paved surface leading to it as required by § 151.027 of this chapter.
(7) Separation from utilities lines, sewer systems, and water wells shall be in accordance with other town ordinances.
(D) Materials.
(1) It may be constructed of either wood or metal, but not corrugated metal.
(2) The exposed view of the horizontal and vertical members of the structure shall be painted the same color as the residence and trim.
(3) The carport shall have a perimeter edge that matches, in form or finish, or is similar to, the fascia edge of the residence.
(E) If an application for a permit to build a carport is denied because the proposed structure fails to meet the standards established in this section, then the applicant may appeal to the BOA for an exception to such standards. The appeal shall be taken within 15 days time after the decision has been rendered, by filing with the Town Administrator a notice of appeal specifying the grounds thereof. The Town Administrator shall forthwith transmit to the BOA all papers constituting the record upon which the action being appealed was taken. The appeal or application shall be in such form and shall contain the information as the BOA may require under its rules of procedures. Every application for an exception shall be accompanied by a filing fee in an amount sufficient to defray the actual cost of proceeding the application, including the cost of having a building official present at the appeal hearing to provide facts and information. The application fee shall be established and amended by resolution of the City Council.
(1) Official written notice of the public hearing on every application for exceptions shall be sent to all owners of property, or persons rendering the same for taxes, and within 200 feet of the property made subject of the exception. Any person may speak at the public hearing on the application.
(2) A hearing shall be conducted by the BOA on the application for an exception within 60 days from the date of appeal.
(3) Exceptions shall not be granted unless the BOA makes an affirmative finding to all the following requirements:
(a) That the literal enforcement of the standard and requirements will create an unnecessary hardship or practical difficulty in the development of the affected property, if the application concerns a new residential structure to be placed on the property;
(b) That the situation causing the hardship or difficulty is not self-imposed;
(c) That the relief sought will not injure or cause loss of market value to adjacent property; and
(d) That the granting of the variance will be in harmony with the spirit and purpose of these regulations.
(4) BOA shall make its decision on any application within 30 days from the time that the initial hearing is held or the application will be deemed to have been denied.
(5) In approving any request, the Board may designate the conditions including time limits, if appropriate, in connection therewith in order to secure substantially the objectives of the regulation or provision to which the variance is granted and to provide adequately for the maintenance of the integrity and character of the zone in which the permit is granted.
(a) When necessary, the BOA may require guarantees, in the form as it deems proper, to ensure that conditions designated in connection with the exception are being or will be complied with.
(b) Upon approval of an application for a variance appeal, the applicant shall apply for a building permit within 60 days after the BOA’s decision unless a greater time is requested in the application and is authorized by the BOA. Any approval may be granted one emergency extension of 60 days on written request filed with the BOA before expiration of the original approval. Failure of the applicant to apply for the permit within the authorized time period shall void the right to secure the permit except upon the filing of a new application or appeal.
(Ord. 359, passed 2-13-2014)