A. Building Permit: It shall be unlawful for any person to do, or cause or permit to be done, whether acting as principal, agent or employee, any construction, improvement, extension, alteration, or any other action for which a building permit is required by the building codes adopted by the city pursuant to section 9-1-1 of this chapter, within the jurisdiction of the city of St. Maries without first procuring a building permit authorizing such work to be done.
1. Survey:
a. Every applicant for a building permit shall submit with the application a written statement prepared and stamped by a licensed surveyor certifying that a field survey has been completed and the corners of the property have been located and marked.
b. The surveyor shall locate and mark the corners of the property.
c. Such marking shall be maintained in good order by the owner until final completion of the building envelope.
d. The city may require the owner to stake the building envelope and/or the location of the setback lines in the vicinity of the proposed construction, and all such stakes shall be preserved until the building envelope is complete.
2. Exception: A field survey is not required when:
a. The work being performed is demolition only;
b. Construction is fully contained within the existing building envelope; or
c. A survey has been previously prepared by a licensed surveyor and the original corner markers set by a licensed surveyor are in place and visible.
B. Boundary Structure Permit: It shall be unlawful for any person to do, or cause or permit to be done, whether acting as principal, agent or employee, any construction, improvement, extension, or alteration, other than routine maintenance, to any boundary structure defined in subsection D.1. herein, within the jurisdiction of the city of St. Maries without first procuring a boundary structure permit authorizing such work to be done.
1. Survey. Every applicant for a boundary structure permit shall submit with the application a survey in accordance with subsection A.1 herein, unless there is an applicable survey exception as set forth below.
2. Exception. A field survey is not required for boundary structures when one of the following conditions are met:
a. A survey has been previously prepared by a licensed surveyor and the original corner markers set by a licensed surveyor are in place and visible; or
b. The property owner signs a liability waiver, acknowledgement of potential encroachment on city right-of-way, and agreement to remove the structure at the request of the city in the event the structure is later found to be located in the city right-of-way and the city determines that removal is in the best interest of the city.
3. Process:
a. If a field study is provided, and the boundary structure is shown to be located entirely on the owner's property, the city clerk shall issue the boundary structure permit.
b. If a field study is not provided, or the boundary structure is shown to be encroaching on the city right-of-way, the city clerk may only issue the boundary structure permit if both the following conditions are met:
(1) The property owner signs a liability waiver, acknowledgement of potential encroachment on city right-of-way, and agreement to remove the structure at the request of the city in the event the structure is later found to be located in the city right-of-way and the city determines that removal is in the best interest of the city; and
(2) The city clerk determines that the boundary structure will not interfere with sight lines, street maintenance, snow removal, utility maintenance and monitoring, and is otherwise in conformality with the surrounding neighborhood.
c. If the city clerk denies issuance of a boundary structure permit for any reason, the applicant may request review of the decision by city council at the next regularly scheduled city council meeting, at which time, the permit may be granted by city council only if the city council determines issuance of the permit to be in the best interest of the property owner and the city, and shall be made subject to any modifications or conditions imposed by the city.
d. Each boundary structure waiver, acknowledgement, and agreement for removal shall be recorded by the city clerk within thirty (30) days of permit approval and shall be a covenant running with the land and will be binding upon the owner and the owner's successors, heirs, or assignees.
C. Code Compliance: No building or boundary structure permit shall be issued or authorized unless the work or project is in compliance with all ordinances of the city, including the zoning and subdivision ordinances.
D. Definitions:
BOUNDARY STRUCTURE: | Fence, retaining wall or other such structure located on or within 10 feet of a city street or alley. Trees and hedges are not considered boundary structures. |
BUILDING: | Any structure used or intended for supporting or sheltering any use or occupancy and for which a building permit is required pursuant to the building codes adopted by the city pursuant to section 9-1-1 of this chapter. |
BUILDING ENVELOPE: | The footings, foundations, exterior walls, roof and any other part of the building, such as, but not limited to, eaves and decks, projecting beyond any of the foregoing. |
(Ord. 650, 10-23-2006; amd. Ord. 2019-736, 11-12-2019; Ord. 2020-743, 9-28-2020)