(A) Administration and enforcement. The City Council shall administer and enforce this chapter. If the City Council shall find that any of the provisions of this chapter are being violated, the City Secretary shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The City Secretary 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 ensure 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 therefor, issued by the City Secretary. No building permit shall be issued except in conformity with the provisions of this chapter, except after written order from the Zoning Board.
(2) 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 alteration. The application shall include such other information as lawfully may be required by the Building Official, including existing or proposed uses the building or 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.
(3) One copy of the plans shall be returned to the applicant by the City Secretary, after he or she shall have marked such copy either as approved or disapproved and attested to same by his or her signature on such copy. The second copy of plans, similarly marked, shall be retained by the City Secretary.
(4) 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 cancelled by the City Secretary, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new building permit has been obtained.
(5) Building permit fees are as follows.
Building permit fees (all permit fees double for projects started without a permit)
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Building permit fees (all permit fees double for projects started without a permit)
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New commercial and institutional | $0.20 per square foot, minimum $50 |
New residential | $0.15 per square foot, minimum $50 |
Commercial remodel or alterations | $0.15 per square foot, minimum $50 |
Residential remodel or alterations | $0.10 per square foot, minimum $25 |
Demolition | $50 |
House moving (fee is per side if double or triple wide mobile home) | $100 plus any utility costs |
Storage shed in excess of 120 square feet | $0.05 per square foot, minimum $25 |
Plan review | $125 |
Engineer’s review | Cost plus 10% |
Electrical permit fees | Plumbing permit fees | Mechanical permit fees | |
New single family residential | $0.04 per square foot, minimum $30 | $0.04 per square foot, minimum $30 | $0.04 per square foot, minimum $30 |
New commerci al or institution al | $0.04 per square foot, minimum $50 | $0.04 per square foot, minimum $50 | $0.04 per square foot, minimum $50 |
Remodels or alteration s | $0.04 per square foot, minimum $30 | $0.04 per square foot, minimum $40 (gas line, sewer line, water line, heater) | $0.04 per square foot, minimum $40 (replacem ent, alteration, additions) |
*Fees double if started without a permit | |||
Miscellaneous fees (fees double if started without a permit)
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Re-inspection fee | $50 |
Residential certificate of occupancy | $5 |
Commercial certificate of occupancy | $25 |
(C) Zoning permits required. The purpose of the zoning permit 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, converged or enlarged, wholly or partly, in any R, C or M District until a building permit has been issued by the City Secretary; provided, however, that no zoning permit shall be required when any use of land, structure or building or part thereof is containing by the renters, lessees or owner.
(1) No zoning permit shall be required for any land, structure for any land, structure or building occupied principally as a single-family dwelling unless more specifically required elsewhere in this chapter.
(2) A zoning permit 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 a fee of $10 for a building permit.
(5) It shall be the duty of the City Secretary to issue a building permit, provided 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 therefor.
(6) Land and buildings may be occupied and used only for the use for which the building permit is issued.
(a) In any case where the conditions of such permit have not been or are not complied with, the permittee shall be given notice of intention to revoke such permit at least ten days prior to revocation. After conclusion of said ten days, permit may be revoked.
(b) In any case where a building permit has not been used within six months after the date of granting thereof, then without further action, the permit granted shall be null and void.
(7) A record of all building permits shall be kept on file in the office of the City Secretary, 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 building permit for the intended structure has been issued.
(9) Failure to obtain a building permit shall be a violation of this chapter and punishable under § 155.99.
(D) Temporary use permits.
(1) Temporary use permits may be issued by the Zoning Board after it establishes the legality for and term for the temporary permit. The City Secretary will be authorized to issue the temporary permit for a fee of $10.
(2) Application for a temporary use permit shall be made by the property owner or certified agent thereof to the Zoning Board on forms prescribed for this purpose by the City Council. Such application shall be accompanied by a site plan as set forth in § 155.11(J). Temporary use permits, revocable, conditional and valid for a term period not to exceed 12 months, may be issued by the Zoning Board 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.
(3) 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.
(4) In considering any application for a temporary use permit, the Zoning Board shall give due regard to the nature and condition of all adjacent uses and structures. The Zoning Board 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 it may deem necessary for the protection of adjacent properties, and the public interest.
(5) Provided that the Zoning Board finds: that the proposed structure or use conforms to the requirements and intent of this chapter and the Comprehensive Plan; that any additional conditions stipulated by the Board of Adjustments as deemed necessary in the public interest have been met; and 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.
(6) Construction and use to be as provided in applications, plans, building permits and zoning permits. Building permits or zoning permits issued on the basis of plans and applications approved by the Building Official authorized 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 § 155.99.
(Ord. passed 9-5-1994; Ord. 23-0821, passed 8-21-2023)