(a) No excavation or site improvements shall be started, nor shall any building or structure be erected, altered or moved, until a building permit therefor has been applied for and received by the owner of the premises or a person legally acting under written authority of such owner, and issued by the Zoning Administrator. No permit shall be issued until:
(1) The work described in the application clearly complies with all provisions of this Planning and Zoning Code and other applicable laws and regulations. The Zoning Administrator shall have no power to grant variances or exceptions to this Code.
(2) The Zoning Administrator has approved the application for the permit. Such approval shall be granted only when:
A. The Zoning Administrator finds that all applicable requirements and standards of this Code have been complied with;
B. The Planning Commission has approved the proposed development as a conditional use in accordance with the procedures described in this Title; or
C. The application has been submitted to and approved by the Zoning and Building Standards Board of Appeals in accordance with the limitations, procedures and requirements of this Title.
(3) The City Architect has approved all one-family and two-family detached residences and improvements pertinent thereto in accordance with the standards and procedures of this Code.
(4) The Architectural Review Board has approved the application for planned use developments, multi-family uses, uses in Commercial Districts and uses in Manufacturing Districts in accordance with the standards and procedures of this Code.
(b) (EDITOR'S NOTE: Division (b) was repealed by Ordinance 08-03, passed June 9, 2003.)
(c) The Zoning Administrator shall provide written forms in quadruplicate upon which all applications for a building permit shall be made. No application for a building permit shall be accepted unless it is accompanied by three sets of the following drawings and information:
(1) A plat showing the dimensions of the lot to be developed, the lot number, information as to any unusual natural or topographic features and evidence that the lot has been surveyed and properly located.
(2) A site plan, drawn to scale, showing the location of proposed and existing buildings, driveways, parking areas, walks and landscaping, proposed finished grades and the dimensions of the aforesaid features, and the location, dimensions and use of all buildings on adjacent lots within fifty feet from the lot lines thereof.
(3) City Architectural plans and elevations of the proposed building, structure or use, including signs and screen walls, drawn to scale and properly dimensioned, showing all architectural features and indicating exterior finishes, materials and colors to be utilized.
(4) Such other drawings and information as may be required by the Zoning Administrator, the City Architect or the Architectural Review Board.
(d) Each application for a building permit shall be accompanied by a fee as established by Chapter 765.
(e) The Zoning Administrator shall submit copies of each building permit application and accompanying drawings and information, within five days of the date of acceptance of the application, to the City Architect or the Architectural Review Board, as provided for in this chapter.
(f) The City Architect shall submit his or her findings for all one-family and two-family detached residences and improvements pertinent thereto in writing to the Zoning Administrator within the time limit provided in Section 762.03(f), unless the City Architect finds that a conditional use approval is required, in which case the provisions of Section 762.05 shall apply, and the City Architect shall so notify the Zoning
Administrator. If the City Architect fails to submit findings within such time limit, the Zoning Administrator shall record that the City Architect has approved such application.
(g) The Architectural Review Board shall submit its findings for planned use developments, multi-family uses, uses in Commercial Districts and uses in Manufacturing Districts in writing to the Zoning Administrator within the time limit provided in Section 762.12(e). If the Architectural Review Board finds that a conditional use approval is required, the provisions of Section 762.05 shall apply, and the Architectural Review Board shall so notify the Zoning Administrator. If the Architectural Review Board fails to submit findings within such time limit, the Zoning Administrator shall record that the Architectural Review Board has approved such application.
(h) The Zoning Administrator shall review all applications for a building permit for compliance with this Code and other applicable laws and regulations and record the findings of the City Architect. The Zoning Administrator shall appropriately notify the applicant in writing within seventy-five days of the date of the application. Copies of such notification shall also be submitted to the City Council, the Planning Commission, the City Architect and the Architectural Review Board.
(i) No building permit shall be transferable.
(j) A building permit shall become null and void under any of the following circumstances:
(1) If construction, alteration, excavation or development of the proposed building, structure or use has not been initiated within one year of the date of approval of such permit.
(2) If, after construction has commenced, the Zoning Administrator finds that reasonable progress has not been made toward completion of the required work for a period of six months. After six months, a vote of City Council can authorize the building to be demolished and the site returned to a clean and usable condition. The cost of demolition shall be billed to the owner. This period may be extended by the Zoning Administrator if it is found that extraordinary circumstances exist beyond the control of the applicant.
(3) If any violation, alteration or change in the terms, documents, conditions and requirements of approval for such permit is found.
(4) If any error in the interpretation or application of this Code or any other applicable law or regulation is found.
(5) If any misstatement of a material fact or any fraudulent claim is found in the application or subsequent proceedings.
(6) If it is declared to be a public nuisance.
The Zoning Administrator shall notify the applicant in writing if a building permit is found to be null and void, stating the reasons for such action, and issue a written order to the applicant to stop construction
or use and to demolish such building or other structure. Copies of such notification and orders shall be submitted to the City Council, the Planning Commission, the Zoning Administrator, the City Architect and the Architectural Review Board.
(Ord. 73-00. Passed 5-14-01.)