(A) Building permits.
(1) No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefor, issued by the Zoning Enforcement Officer. No building permit shall be issued except in conformity with this chapter. Buildings exempt from this requirement include residential accessory buildings or residential storage buildings not structured on permanent foundations and not exceeding 144 square feet; provided that such accessory buildings shall comply with all yard and setback requirements as defined herein.
(2) All commercial and industrial buildings shall comply with the development plan requirements set forth in §§ 152.245 through 152.250 prior to the issuance of a building permit. Development plans not involving a zoning map amendment may be reviewed by the Zoning Enforcement Officer at his or her discretion.
(B) Procedure.
(1) Application. In applying to the Administrative/Enforcement Officer for a building permit, the applicant shall submit a completed application form; a site plan drawn to scale, showing the dimensions of the lot to be built upon, the locations and outside dimensions of all structures to be constructed or altered and all existing structures, yard depths; floor plan of the proposed new structure or alterations of existing structure, drawn to scale; building elevations of exterior of the new or existing structure or structures; and any other information necessary for determining compliance with this order and/or the KBC. Two copies of all of the above information shall be required. Applications may be obtained from the Zoning Enforcement Officer. One copy of the plans shall be returned to the applicant by the Zoning Enforcement Officer after each copy has been marked as approved or disapproved and attested to the same by his or her signature on the copy. The second copy of the plans, similarly marked, shall be retained by the Zoning Enforcement Officer.
(2) Issuance. If the proposed construction or alteration conforms with all applicable ordinances, regulations and codes, the Administrative/Enforcement Officer shall issue a building permit authorizing construction or alteration. If proposed construction or alteration fails to conform, the Administrative/Enforcement Officer shall refuse to issue a building permit and shall cause delivery of written notice to the applicant stating the reasons for refusal. The Administrative/Enforcement Officer shall act upon applications for building permits within three weeks from the date of their submission.
(3) Restraint of construction without permit. 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. Evidence of the lack of a building permit shall establish a prima facie case for the issuance of the restraining order.
(4) Validity. The issuance of a building permit shall not waive any provisions of this regulation.
(5) Duration. A building permit shall become void one year from the date of issuance unless substantial progress has been made by that date on the construction or alteration authorized therein. A building permit may be renewed without fee upon review by the Administrative/Enforcement Officer before it becomes void.
(Prior Code, § 152.256) (Ord. 920.27, passed 10-7-1993) Penalty, see § 152.999