§ 109-22. Building and occupancy permits.

No building or structure shall be erected, or the exterior dimensions of an existing building or structure enlarged until a permit therefor has been issued by the administrator. All applications for such permits shall be in accordance with the requirements of this chapter and, except upon written order of the board, no such building permit: shall be issued for any building or structure where the erection or addition would be in violation of any of the provisions of this chapter.

(1)

Application form.

a.

An application for a building permit shall be on the form prescribed by resolution of the council and shall contain such information as the council by resolution shall require.

b.

There shall be submitted with all applications for building permits two copies of a layout or plot plan drawn to scale showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings to be erected or enlarged, and such other information as may be deemed necessary by resolution of the council to determine and provide for the enforcement of this chapter. One copy of the layout or plot plan shall be returned when approved by the administrator together with the permit to the applicant.

(2)

Payment of fee. The applicant shall with the application submit the payment of a fee as established by the council pursuant to subsection 109-5. All fences less than 42 inches in height shall be exempt from the payment of this fee pursuant to this subsection and any resolution of the council pursuant to subsection 109-5.

(3)

Expiration of building permit. Any building permit, under which no construction work has commenced within 90 days after the date of issue of said permit or under which the proposed erection or enlargement has not been completed within two years of the date of issue, shall expire by limitation; and no work or operation shall take place under such permit after such expiration. A building permit may be extended for a period not exceeding six months by the administrator for good cause shown. Any person aggrieved by the decision of the administrator may appeal the decision to the commission in accordance with rules established by the commission.

(4)

Occupancy certificates required.

a.

No land shall be used, and no building hereafter erected or the exterior dimensions enlarged shall be occupied or used in whole or in part for any purpose whatsoever, until a certificate is issued by the administrator stating that the building and/or land use comply with the provisions of this chapter.

b.

No change of use shall be made in any land or building or part thereof, now or hereafter erected or enlarged, without a permit being issued therefor by the administrator. No permit shall be issued to make a change unless the changes are in conformity with the provisions of this chapter.

c.

When no erection or enlargement is to occur, a certificate of occupancy must be obtained prior to occupancy whenever the owner of land or a building intends to change the use of the land or building from the use to which the land or building is put on the original effective date of the ordinance from which this chapter is derived.

d.

Certificates for occupancy and compliance shall be applied for coincidentally with the application for a building permit, and shall be issued within ten days after the lawful erection or alteration of the building is completed. A record of all certificates shall be kept on file in the office of the administrator, and copies shall be furnished at cost on request to any person having a proprietary or tenancy interest in the building affected.

e.

No permit for the erection or enlargement of any building shall be issued before application has been made for a certificate of occupancy and compliance, and no land, building, or premises shall be used or occupied until that certificate and permit is issued.

(5)

Occupancy certificates for nonconforming uses.

a.

Required for nonconforming uses. Nothing in this section shall be construed to prevent the continuance of a nonconforming use as hereinbefore authorized, unless a discontinuance is necessary for the safety of life or property.

b.

A certificate of occupancy shall be required of all nonconforming uses. Application for certificate of occupancy for nonconforming uses shall be filed within 12 months from the original effective date of the ordinance from which this chapter is derived, accompanied by affidavits of proof that such nonconforming use was not established in violation of this chapter.

(Prior Code, § 121.22; Ord. No. 153, 6-4-1981)