(A) Building permit. No building or other structure shall be erected, moved, added to, placed, reconstructed, extended, enlarged, raised or structurally altered without a building permit therefore issued by the Community Development Department(Department). A building permit shall not be issued by the Department, except in conformity with the provisions of this chapter, unless said official receives a written order from the Hearing Officer in the form of an interpretation involving a formal appeal proceeding as provided by the applicable provisions of §§ 158.295 through 158.301 of this chapter or in the form of a variation from those regulations that, as applied, authorizes the proposed use, construction or consistent with the provisions relating to variances in accordance with §§ 158.295 through 158.301 of this chapter, or in the form of a special (use) permit as provided by the applicable provisions of §§ 158.095 through 158.102 of this chapter; or upon receipt of a written order from a court with jurisdiction under an administrative review proceeding.
(B) Zoning permit.
(1) A zoning permit shall be required whenever a building or structure is erected, moved, added to, placed, reconstructed, extended, enlarged, raised or structurally altered, or as otherwise required by the city. No building permit shall be issued until the Director has issued a zoning permit confirming the proposed building, structure or alteration is consistent with and authorized by the applicable zoning.
(2) Upon determination of compliance of the application with all applicable requirements of this chapter and Ch. 154 of this code, if applicable, the Director shall issue a zoning permit stating that the proposed building or structure is authorized in compliance with this chapter.
(3) Nothing in the issuance of a zoning permit shall be deemed to grant authority for uses or construction not authorized by the applicable regulations.
(C) Occupancy permit.
(1) No building or structure hereafter erected or structurally altered shall be occupied and used until an occupancy permit indicating compliance with the applicable sections of the Building Code, Zoning Code and any other applicable section of the municipal code has been issued by the Director.
(2) Occupancy permits shall be requested in the manner required under the City Building Code and further satisfying the conditions of this section.
(3) The Director shall cause the premises to be inspected to determine that the proposed use and any buildings or structures involved comply with all respects with the provisions of this chapter or with a written order from the Hearing Officer in the form of an administrative review decision on an appeal or variation as provided in §§ 158.240 through 158.243, 158.255 through 158.257 and 158.270 through 158.282 of this chapter.
(4) Upon determination of compliance, the Director shall issue an occupancy permit stating that the building or structure is in compliance with this chapter.
(5) The issuance of an occupancy permit is required in addition to the zoning permit and building permit requirement for a certificate of occupancy, not as a substitute for the same.
(6) A record of all zoning and occupancy permits shall be kept in file in the office of the Community Development Department, and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building or structure affected.
(D) Cost and applications. For individual applications for permits, a fee in amount as determined by separate ordinance authorized by the city shall be charged the applicant, payable to the city, for the cost of processing. There shall be submitted with all applications for a permit: two copies of a site development plan drawn to accurate scale showing the actual dimensions of the subject lot, the size and location of the lot, buildings, structures and uses existing and/or proposed and such other information as may be necessary to determine and provide for the administration and enforcement of this chapter.
(E) Authorizations. A building permit or zoning permit shall be a permission to proceed with the proposed work and shall not be construed to be an authorization to violate, cancel or set aside any of the standards and requirements of this chapter, except as maybe specifically stipulated by variation from said standards and requirements in accordance with the procedures specified by the provisions herein.
(F) Compliance with approved applications. All work and use activity regulated under this chapter shall conform to the approved application, including the plans and other accompanying documents for which a building permit or zoning permit has been issued, and any approved amendments thereto. Whenever and wherever any work is being done or any premises is being maintained and the performance or maintenance thereof is not in conformity with the approved application and accompanying supporting documents, then such work or maintenance shall be unlawful being in violation of the terms and conditions under which approval was given and the zoning permit issued.
(G) Expiration of zoning permit. A building permit or zoning permit shall expire and become invalid if the authorized work is not commenced within 12 calendar months after issuance of said permit or, if after once commencing the authorized work, the work is suspended, abandoned or otherwise not actively prosecuted to completion for a period of six months, the permit or zoning permit shall expire and become invalid unless otherwise determined.
(H) Revocation of permit. The Director may revoke a building permit or zoning permit issued under this chapter in any instance of false statement or misrepresentation of fact in the application or on the approved plans or other accompanying documents for which the permission to perform work activity was based.
(Ord. 3399, passed 12-5-2005)