(A) It shall be unlawful to commence the excavation for or the construction, erection, movement, addition, or structural alteration of any building, structure, or real property, including accessory buildings, without a building permit therefor issued by the Administrative Official, except as specified in division (F) of this section or Section 114 of the State Building Code. No building permit shall be issued by the Administrative Official, except in conformity with the provisions of this chapter, unless he or she receives a written order from the Board of Zoning Adjustment in the form of an administrative review, conditional use permit or variance as provided by this chapter. Regardless of the provisions of the Kentucky Building Code. any modifications to buildings or other structures which meet any one (1) of the criteria described below will in all cases require a building permit:
(1) Any repair, modification, construction or reconstruction of a building or structure which results in an addition to the enclosed portion of a building or structure which extends outside its existing footprint. This would include, but not be limited to, extending or modification of roof line, the enclosure of carports, decks, porches, or similar external structures;
(2) Any modification or construction which will result in a change in use of the building or structure. For example, the conversion of a single-family dwelling into a multi-family dwelling, conversion of a commercial use to a residential use or residential use to a commercial use;
(3) Any modification or construction to a building or structure which is contracted for a sum of more than ten thousand dollars ($10,000.00) or which requires the purchase or use of materials having a fair retail value or actual cost in this amount, regardless of whether the owner is being charged for labor; or
(4) Any new utility or utility service established as part of any repair, modification, construction or reconstruction of a building or structure.
(B) 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 proper court of record and evidence of the lack of a building permit shall establish a prima facie case for the issuance of the restraining order.
(C) All applications for building permits shall be signed by the applicant and subject to the following requirements to ensure proper setbacks, lot area and yard requirements, and the like:
(1) They shall be accompanied by plans in duplicate, consisting of a plat or site plan which is drawn to scale, showing the actual dimensions and shape of the lot to be built upon, the exact size and location of the buildings already existing, if any, the locations and dimensions of the proposed building or alteration, and a parking plan demonstrating compliance with § 156.130
.
(2) In the event the building permit application proposes modifications to a building or structure on a nonconforming lot, with a nonconforming use, or which is a nonconforming feature, as defined in § 156.052
, the plans required above shall be required to be certified by either a professional engineer or a surveyor licensed to practice in Kentucky.
(3) In the event the building permit application proposes to build within the same "footprint'' of a structure which has been demolished within the previous two (2) years and which will have a different use from that of the demolished building, the plans required above shall be required to be certified by either a professional engineer or a surveyor licensed to practice in Kentucky.
(4) The application shall include such other information as lawfully may be required by the Administrative Official, including existing or proposed buildings or alterations; existing or proposed uses of the building or the land and the number of families, housekeeping or rental units the building is designed to accommodate; conditions existing on the lot; and such matters as may be necessary to determine conformance with and provide for the enforcement of this chapter and Section 113 of the State Building Code.
(D) One copy of the plans shall be returned to the applicant by the Administrative Official after he or she shall have marked such copy either approved or disapproved and attested to same by his or her signature on such copy. The second copy of the plans, similarly marked, shall be retained by the Administrative Official.
(E) If the work described in any building permit has not begun within one (1) year, twelve (12) months from the date of issuance thereof, the permit shall expire; it shall be revoked by the Administrative Official; 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.
(F) Exceptions. No building permit or certificate of occupancy shall be required in the following cases:
(1) Recurring maintenance work regardless of cost; or
(2) Installation of required improvements according to an approved and recorded planned development project final plat.
(G) Electronic submissions. The Administrative Official may elect to allow electronic submission of all required documents and may elect to conduct all correspondence using electronic means. Such changes to procedure will be posted and maintained on the city website.
(H) Pursuant to Section 116.0 (Fees) of the Kentucky Building Code, the following schedule of fees shall be the approved rates and fees for functions performed pursuant to the Kentucky Building Code.
(Ord. 0-84-008, passed 7-9-84)
(1) Schedule of permit fees.
Total Valuation | Fee |
Total Valuation | Fee |
$1,000.00 and less | No fee, unless inspection required, in which case a $24.00 fee shall be charged. |
$1,001.00 to $10,000.00 | $60.00 minimum fee |
$10,001.00 to $25,000.00 | .6% of valuation |
$25,001.00 to $50,000.00 | $150.00 plus .6% over $25,000.00 |
$50,001.00 to $100,000.00 | $300.00 plus .50% over $50,000.00 |
$100,001.00 to $500,000.00 | $550.00 plus .33% over $100,000.00 |
$500,001.00 and up | $2,150.00 plus .25% over $500,000.00 |
(2) All fees are based on the nearest thousand dollars.
(3) A fifty dollar ($50.00) one (1) time fee for the moving of any mobile home or mobile structure into the city limits.
(4) A one-hundred dollar ($100.00) fee for the moving of any building or structure.
(5) A fifty dollar ($50.00) fee for state inspected projects.
(6) A twenty-five dollar ($25.00) fee for foundation or footer inspections.
(7) All demolition projects fee will be ten dollars ($10.00) per one thousand dollars ($1,000.00) cost.
(I) Job permit. Where construction, alterations, or improvements to a structure, building, or real property do not meet the requirements hereunder for a building permit, it shall be unlawful to commence the construction, alterations, or improvements to a structure, building, or real property without obtaining a job permit. The fee for a job permit shall be the minimum license tax provided for in § 115.14
, with a minimum of twenty-five dollars ($25.00). The applicant shall submit a signed application in full describing the work to be performed, the contract price for the work or, if performed by the homeowner, an estimate of the cost of materials to complete the job. Job permits shall not be required for minor repairs, routine service calls, general maintenance, or if cleaning for the contract price/invoice is less than five hundred dollars ($500.00).
(J) (1) In the event that construction is begun before the valid issuance of building/job permit as required herein or by the Kentucky Building Code, the schedule of building/job permit fees shall be double the amount set forth in divisions (H) and (I) above and in no case less than one hundred dollars ($100.00) to cover the increased cost associated with determining the identity of the contractor, notifying the contractor or his or her obligation to obtain a building permit, to assess the job site for building code violations and to take emergency action if necessary.
(2) Any person or company that has been assessed the double building/job permit fee provided for herein three (3) times shall be deemed a habitual violator and thereafter shall be required to pay in addition to the fees provided for in divisions (H) and (I) above a habitual violator fee of five hundred dollars ($500.00) to offset the increased cost to monitor and inspect the construction activities of the habitual violator. The habitual violator fee shall be assessed to a habitual violator regardless of whether a valid building permit is obtained before construction begins on a specific job. The habitual violator status will terminate if the habitual violator is issued timely (before commencement of construction) five (5) building/job permits without the intervention of an untimely permit.
(3) All building/job permit fees provided for in divisions (H) and (I) above shall after thirty (30) days of being due and payable become a lien upon the real estate, and improvements thereon, for which the building/job permit was or was required to be issued upon.
(4) No job/building permit shall be issued to an applicant if the applicant owes the City of Pikeville any building or job permit fees.
(5) The Building Inspector may revoke any building permit or job permit that fails to comply with the provisions herein.
(Ord. 0-83-001, passed 1-10-83; Am. Ord. 0-92-007, passed 3-23-91; Am. Ord. 0-98-019, passed 9-28-98)
(K) In cases where the state Building Inspector has assumed the responsibility to do codes enforcement inspections or where the state by law is required to perform the codes inspection, the permit fee shall be fifty dollars ($50.00).
(L) In cases where the Building Inspector has reason to believe that because of the nature of the type of construction to be done in connection with all building permits that damage may occur to any public sidewalk, street or roadway, the Inspector shall defer issuing a building permit until such time as the City Engineer has been given an opportunity to review the plans and specifications for construction. In the event that the City Engineer determines that because of the nature or extent of the construction to be undertaken by the applicant, that damage may result in any public sidewalk, street or roadway because of the construction undertaken or which may result from vehicles or materials accessing the building site of such a weight so as to cause damage to a public roadway or sidewalk, the City Engineer shall immediately advise the Building Inspector of this fact and shall estimate in a dollar amount the potential damages that may occur to public sidewalks, streets or roadways. Upon receipt by the Building Inspector of such notification, the Building Inspector shall not issue a building permit until such time as the applicant shall file with the city a bond in the amount set forth by the City Engineer, with surety to be approved by the Inspector. Said bond shall be conditioned to indemnify the city for any loss or damage resulting from the work undertaken or the manner in doing the same to public sidewalks, streets or roadways. The bond shall further be conditioned that the city will be paid by the surety thereupon in the event that the principal fails to pay. Any damage to public sidewalks, streets or roadways shall be restored by the applicant under the direction and satisfaction of the Building Inspector and Codes Enforcement Officer. Upon failure or refusal of the applicant to restore the same, the city may proceed without notice to make restoration and shall forfeit the bond required to be posted herein. In no case shall the bond be determined to be the limit on the amount of damages which can be sought against the applicant. In the event that the cost of restoration performed by the city should exceed the amount of the bond, the city shall proceed to collect the remainder due from the applicant.
(Ord. 0-83-001, passed 1-10-83; Ord. 0-92-007, passed 3-23-91; Am. Ord. 0-98-019, passed 9-28-98; Am. Ord. 05-0-04, passed 3-28-05; Am. Ord. 05-0-08, passed 4-25-05; Am. Ord. 2005-0-018, passed 9-12-05; Am. Ord. 0-2009-05, passed 2-9-09; Am. Ord. 0-2015-012, passed 10-1-15; Am. Ord. O-2023-13, passed 9-25-23)