Administrative Permits | |
All steps | Administrative permits are issued through the building and zoning or public works departments. |
A. Purpose: The purpose of this section is to provide for the administration and enforcement of the technical codes adopted by the city.
B. Applicability: This section applies to all properties located within the city's land use regulation jurisdiction, except as specifically exempted herein. The zoning official, or director of public works on matters related to streets, may waive permit requirements for minor repairs and maintenance to private property. Unless specifically exempted, it shall be unlawful for any person to cause or allow the following:
1. Building: Erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure without first obtaining a valid building permit;
2. Plumbing: Install any plumbing or gas fitting pipes, fixtures or equipment within or on any building, structure or premises, or make any alteration, change or repair or otherwise perform the plumbing or gas fitting work without first obtaining a valid building permit;
3. Electrical: Install any electrical wiring, fixtures or equipment within or on any building, structure or premises, or otherwise make any alteration, addition, change or repair to electrical wiring, fixtures or equipment without first obtaining a valid building permit;
4. Heating Or Cooling Systems: Install any heating, ventilating, cooling, refrigeration equipment or duct work, or make any alteration, addition, change or repair to heating, ventilating, cooling, refrigeration equipment or duct work without first obtaining a valid building permit;
5. Driveway: Locate, construct, alter, place, replace, pave or surface a driveway approach without first obtaining a valid building permit;
6. Grading: Grade, excavate or undertake any activity precedent to development of open, vacant or unimproved land or previously improved land for any use other than agricultural use without first obtaining a valid grading permit;
7. Occupancy: Occupy or use any new or existing building or change the character or use of land or a building without first obtaining a valid occupancy permit;
8. Wastewater Systems: Install or repair any on site wastewater systems or part thereof without first obtaining a valid building permit;
9. Street Alteration: Construct or structurally alter any street, road, sidewalk, curb, gutter, public utility or public facility or cut, grade, clear or fill any property without first obtaining a valid construction permit.
C. Application And Processing: The applicant may initiate the administrative permitting process by completing and filing the appropriate permit application form with the zoning official. The application form shall be accompanied by all necessary information as listed on such form.
D. Permit Issuance:
1. Review: The application, plans, specifications and other data filed by the applicant for a permit shall be reviewed by the zoning official. The plans shall be distributed to and reviewed by other city departments and other applicable agencies to certify compliance with applicable ordinance requirements enforced by other departments. If the zoning official determines that the work described in an application and the required plans, specifications and other data comply with these regulations and other applicable rules, laws and ordinances, and that all fees have been paid, the zoning official shall issue the permit to the applicant.
2. Endorsement: When the zoning official issues a permit where plans are required, the approved plans and specifications shall be endorsed or stamped "approved". The approved plans and specifications shall not be changed, modified or altered without authorization from the zoning official. All work shall be done in accordance with the approved plans.
3. Bond: All permitted work being accomplished on city right of way or easements shall be covered by a performance bond in the amount set by the director of public works and shall be covered by insurance in the categories and amounts set by the director of public works.
4. Variance Or Special Use Permit: In all cases where the city council has allowed a variance or a special use permit as authorized by these regulations, the building official may approve a building permit sufficient to allow such building or work to be done in accordance with the decision of the city council; provided, that no permit shall be issued pursuant to any decision until time for rehearing or for appeal or application for rehearing shall has run.
5. Business License Required: Permits may only be issued to properly licensed contractors holding valid city business licenses.
E. Review: The zoning official shall provide expedient review and then approve or disapprove the following types of permits:
Type Of Permit | Purpose |
Building | Construction, reconstruction, expansion, remodeling, alteration or relocation of a structure. |
Grading | Any stripping, cutting, filling or stockpiling of earth or land, including the land in its cut or filled condition, to create new grades. Approved by public works. |
Occupancy | Allowing the use and occupancy of a building or structure after it has been determined that all requirements of applicable ordinances have been met. |
Encroachment | Obstruction or intrusion into a delineated right of way, floodway or adjacent land. Approved by public works. |
F. Evidence Of Compliance: No permit shall be issued unless the zoning official or public works director has determined that the proposed activity will be in conformance with these regulations. The zoning official or public works director may refer any application for an administrative permit to the staff review committee for its determination of conformance. In case of such a referral, the zoning official shall give the applicant at least five (5) days' actual notice of the staff review committee's meeting regarding the permit application. Evidence of compliance must be provided to the zoning official by the applicant.
G. Validity Of Permit: The issuance of a permit and the approval of plans and specifications is not a permit for, or an approval of, any activity which would constitute a violation of any provision of these regulations or of any other city ordinance. Issuance of a permit based on plans, specifications and other data shall not prevent the city from thereafter requiring the correction of errors in the plans, specifications and other data, or from preventing building or other activities from being carried out thereunder when the activity is found to be in violation of these regulations or other applicable city ordinances. No permit presuming to give authority to violate or cancel any requirement or provisions of these regulations is valid.
H. Completion Of Building: Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has heretofore been issued and upon which actual construction has begun. Actual construction shall be deemed to be the actual placing of construction materials in their permanent position fastened in a permanent manner, except that where a basement is being excavated such excavating shall be deemed to be actual construction, or where demolishing or removal of an existing building or structure has begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, providing in all cases that actual construction work shall be diligently carried on until the completion of the building or structure.
I. Expiration And Extension Of Permit:
1. Work Commenced: An administrative permit shall be deemed to have expired if work authorized by the permit is not commenced within one hundred eighty (180) days of issuance of the permit, or thirty (30) days for projects impacting a public right of way. Extensions of up to one hundred eighty (180) days may be granted by the zoning official for good cause. The extensions must be requested by the applicant before the permit expires.
2. Suspended Or Abandoned Work: An administrative permit expires if work authorized by the permit, once begun, is suspended or abandoned for more than one hundred eighty (180) days. A single extension of up to one hundred eighty (180) days may be granted by the zoning official for good cause. The extension must be requested by the applicant before the permit expires.
3. Expiration: After an administrative permit has expired, no work shall be recommenced until a new permit has been issued by the zoning official or public works director.
J. Revocation: An administrative permit may be revoked by the zoning official or other responsible city official at any time prior to the completion of the use, building or structure for which the same was issued, when it appears to such official that one or more of the following conditions is present:
1. Plan Departure: There is a departure from the plans, specifications or conditions as required under the terms of the permit;
2. False Representation: That the permit was procured by false representation;
3. Mistake: That the permit was issued by mistake; or
4. Violations: That any of the provisions of this title or other municipal code provisions or ordinances are being violated.
Written notice of such revocation shall be served upon the owner, the owner's agent or contractor, or upon any person employed in the building or structure for which such permit was issued, or shall be posted in a prominent location on the property. Where notice of revocation has been served or posted, no further construction or use of the property shall proceed. (Ord. 172, 9-24-1996, eff. 10-31-1996; amd. Ord. 338, 3-28-2006)