(A) No building or other structure shall be erected, moved, added to, or structurally altered without a 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 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 rootline, 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) 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.
(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 subject to the following requirements to ensure proper setbacks, lot area and yard requirements, etc.:
(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, and 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 building or alteration; existing or proposed uses of the building or the land, 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 shall have marked such copy either approved or disapproved and attested to same by his 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 or occupancy shall be required in the following cases:
(1) Recurring maintenance work regardless of cost.
(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.
(Ord. passed 1-27-87; Am. Ord. O-2018-14, passed 7-23-18) Penalty, see § 156.999