(A) Building permit required prior to construction or alteration. It shall be unlawful to commence the excavation for, or the construction of any building, or to commence the building of any building, including accessory buildings before the Zoning Administrator has issued a permit for such work.
(B) Fees applicable to issuance of building permits. Unless otherwise set by this chapter, the fees to be charged for building permits shall be set by the county’s Planning Commission.
(C) Exceptions. No building permit or certificate of occupancy shall be required in the following cases:
(1) Recurring maintenance;
(2) Installation of required improvements in accordance with an approved plan; and
(D) Procedure.
(1) Applications. In applying to the Chairperson of the Planning Commission or his or her designee for a building permit, the applicant shall submit a plan along with the application. This plan must be drawn to scale, showing the dimensions of the lot to be built upon, the outside dimensions of all structures to be constructed or altered and all existing structures. The use of structures and the proposed yard depths should be detailed, and any other information pertinent to the assessment of conformance should be Included. The County Health Officer’s certificate approving the water and sewage facilities must accompany the application.
(2) Issuance of permit.
(a) If the proposed construction or alteration conforms to all applicable ordinances, regulations and codes, the Chairperson of the Planning Commission or his or her designee shall issue a building permit authorizing construction or alteration.
(b) If the proposed construction or alteration fails to conform, the Chairperson of the Planning Commission or his or her designee shall refuse to issue a building permit, and shall cause delivery of written notice to the applicant stating the reason for refusal. The Chairperson of the Planning Commission or his or her designee shall act upon all applications for building permits within two weeks from the date of their submission.
(3) Restraint of construction without permit. If no building permit has been issued, and a builder begins, or continues to build, a restraining order may be obtained upon application to the appropriate court, and evidence of the lack of a building permit shall establish a prima facie case for the issuance of the restraining order.
(4) Validity. The issuance of a building permit shall not waive any provisions of this chapter.
(5) Duration. A building permit shall become void one year from the date of issuance unless substantial progress has been made by that date on the construction or alteration authorized therein.
(E) Certificate of occupancy. No land or building or part thereof hereafter erected or altered shall be used until the Chairperson of the Planning Commission shall have issued a certificate of occupancy stating that such land, building or part thereof and the proposed use thereof, are found to be in conformity with the provisions of this chapter. Within three days after notification that a building or premises, or part thereof, is ready for occupancy or use, it shall be the duty of the Chairperson the Planning Commission or his or her designee to make a final inspection thereof and to issue a certificate of occupancy if the land, building, or part thereof are found to conform with the provisions of this chapter; or if such certification is refused, to state in writing the cause for such refusal, and to immediately thereon mall notice of such refusal to the applicant at the address indicated on the application.
(F) Board of Adjustment. There shall exist a Board of Adjustment with the duties and responsibilities of such boards as set forth in KRS 100.217-261, as amended.
(Ord. 20.920-1, passed 3- -2020)