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165.40 BUILDING PERMITS AND CERTIFICATES OF ZONING COMPLIANCE.
1.   Administration and Enforcement. The Zoning Administrator shall administer and enforce this chapter. The City Council may direct other persons to assist him/her. If the Zoning Administrator finds that any of the provisions of this chapter are being violated, he/she shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He/she shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter or to ensure compliance with or to prevent violation of its provisions.
2.   Building Permits Required. No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefor, issued by the Zoning Administrator. No building permit shall be issued by the Zoning Administrator except in conformity with the provisions of this chapter, unless he/she receives a written order from the Board of Adjustment in the form of an administrative review, special exception, or variance as provided by this chapter. A building permit shall not be required for an alteration, repair or improvement which does not change the dimensional outline of the building being so altered, repaired or improved.
3.   Application for Building Permit.
   A.   All applications for building permits shall include plans if applicable in duplicate drawn to an appropriate 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.
   B.   The application shall include such other information as lawfully may be required by the Zoning Administrator, including existing or proposed building or alterations; existing or proposed uses of the building and 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.
   C.   One copy of the plans shall be returned to the applicant by the Zoning Administrator, after he/she shall have marked such copy either as approved or disapproved and attested to same by his/her signature on such copy. One copy of the plans, similarly marked, shall be retained by the Zoning Administrator.
4.   Posting of Building Permits. A building permit shall be posted by the Building Official on the property in question prior to the start of construction. It shall be placed so that it is readable from the public street, and shall remain in place during the construction period. If a building permit is not obtained and properly posted prior to construction, construction must cease until such permit is granted. The usual permit fee will be doubled and other penalties may be levied.
5.   Certificates of Occupancy for New, Altered or Nonconforming Uses; Temporary Certificates. It is unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the Zoning Administrator, stating that the proposed use of the building or land conforms to the requirements of this chapter. Pending the issuance of a regular certificate of occupancy, a temporary certificate of occupancy may be issued to be valid for a period not to exceed six (6) months from the date of issuance and to permit partial occupancy of the premises during completion of the construction. Such temporary certificates of occupancy shall not be construed as in any way altering the respective rights, duties or obligations of any other matter covered by this chapter. Such temporary certificates of occupancy shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.
6.   Expiration of Building Permit.
   A.   If the work described in any building permit has not begun within 180 days from the date of issuance thereof, said permit shall expire; it shall be canceled by the Zoning Administrator; and written notice thereof shall be given to the persons affected.
   B.   If the work described in any building permit has not been substantially completed within two years of the date of issuance thereof, said permit shall expire and be canceled by the Zoning Administrator, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.
   C.   The expiration date of a building permit may be established for a period longer than two years if established at the time that such permit is issued by the City. The Zoning Administrator may, at his/her discretion, extend the expiration period of the building permit.
7.   Construction and Use to be as Provided in Applications, Plans, Permits, and Certificates of Occupancy. Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the Zoning Administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement, or construction at variance with that authorized shall be deemed violation of this chapter, and punishable as provided herein.
8.   Moratorium. Moratorium on the issuance of building permits for new single family and two-family residential homes within commercially zoned districts which abut Oskaloosa Street from the intersection of Oskaloosa and Main Street to Oskaloosa and 240th Place. That this moratorium shall remain in place until December 31, 2023, or until Council adopts the necessary zoning changes to implement an economic development plan for the Oskaloosa Street Corridor, whichever would occur first. That the moratorium shall not apply to existing single family and two-family homes which are being rebuilt due to catastrophic events such as a fire or a tornado.
(Ord. 1017 - Mar. 23 Supp.)