No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefor, issued by the chief building official. A building permit shall not be issued except in conformity with the provisions of this chapter unless otherwise authorized in a written order from the zoning administrator in the form of an administrative review or variance as provided by this section.

(Code 1996, 153.080; Ord. No. 0002, 12-14-1995)

(a)

All applications for building permits shall be accompanied by site plans in duplicate drawn to scale, showing actual dimensions and shape of the lot to be built upon; the sizes and locations of building, structure, or alteration. The application will serve as a basis for issuing both the building permit and the certificate of zoning compliance and occupancy. It shall include such information as lawfully may be required by the zoning administrator, including existing or proposed uses for the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot and on abutting and adjacent properties; parking, where required and such matters as may be necessary to determine conformance with and provide for the enforcement of this section.

(b)

One copy of the plans shall be returned to the applicant by the zoning administrator, after he and the building official have marked such copy either as approved or disapproved and attested to the same by their signatures on such copy. One copy of the plans, similarly marked, shall be retained to become a part of the city's permanent records by the chief building official.

(c)

Application; plot plan.

(1)

All applications for building permits shall be accompanied by accurate plot plans submitted in duplicate, drawn to scale, showing:

a.

The actual shape and dimensions of the lot to be build upon;

b.

The exact sizes and locations on the lot of the buildings and accessory buildings then existing;

c.

The lines within which the proposed building and structure shall be erected or altered;

d.

The existing and intended use of each building or part of building;

e.

The number of families or dwelling units the building is designed to accommodate;

f.

Off-street parking accommodations; and

g.

Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter or if provisions of section 153.066 have been complied with.

(2)

One copy of such plot plans will be returned to the owner when such plans have been approved.

(3)

All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on and by a qualified registered surveyor and the lot shall be staked out on the ground before construction is started. If prior surveys have established property lines to the satisfaction of the appropriate authority, building permits will be issued on this information.

(Code 1996, 153.081; Ord. No. 0002, 12-14-1995)

(a)

It shall be unlawful to use, occupy, or permit the use or occupancy of any building, or premises or both, or part thereof, hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure nor will permanent utility connections to serve the premises be made until a certificate of zoning compliance shall have been issued therefor by the zoning administrator stating that the proposed use of the building or land conforms to the requirements of this section.

(b)

A temporary certificate of zoning compliance may be issued by the zoning administrator for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public. In no case will a temporary certificate be issued if the building is deemed unsafe and unfit for occupant use.

(c)

The zoning administrator shall maintain a record of all certificates of zoning compliance, which shall be open to public inspection.

(d)

Failure to obtain a certificate of zoning compliance shall be a punishable violation.

(Code 1996, 153.082; Ord. No. 0002, 12-14-1995)

If the work described in any building permit has not begun within six months from the date of issuance thereof, said permit shall be cancelled by the chief building official; and written notice thereof shall be given to the persons affected. When a permit is cancelled, a new application and resubmission of current plans will be required along with a new fee.

(Code 1996, 153.083; Ord. No. 0002, 12-14-1995)

Building permits issued on the basis of plans and applications approved by the zoning administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use or arrangement at variance with that authorized when a building permit is obtained and application is made for a zoning compliance shall be deemed a violation of this section.

(Code 1996, 153.084; Ord. No. 0002, 12-14-1995)

(a)

Purpose.

(1)

The purpose of the regulations described by this section is to allow the compatible and orderly development within the city of uses which may be suitable only in certain locations in a zoning district if developed in a specific way or only for a limited period of time.

(2)

A use permit is required for all conditional uses. A use permit may have a specified time limitation attached and may impose conditions other than those which are specifically set forth in this section.

(b)

Approval; responsibility.

(1)

The city council, after receipt of a report and recommendation from the zoning administrator, shall have the responsibility for approving all use permits.

(2)

The following procedures shall be complied with prior to the approval or denial of any use permit:

a.

Applications shall be made by the property owner or certified agent thereof to the zoning administrator on a form prescribed for this purpose by the city;

b.

After receiving an application for a use permit the zoning administrator shall place notification of such request in a local newspaper of general circulation and notice of such request shall be made by mail to all owners of real estate property lying within 200 feet of the property on which application has been made at least ten days before a public hearing with the zoning administrator;

c.

Renewals of use permits shall be considered in the same manner as the original permit;

d.

Use permits may be revoked after consideration of the zoning administrator and the city council when the conditions under which the use permit was granted are no longer being observed by the applicant.

(c)

Prerequisites of approval.

(1)

No structure of property in any zoning district shall be granted a use permit until a hearing is held by the zoning administrator and the city council;

(2)

The city council, after receipt of a report and recommendation from the zoning administrator, may approve a conditional use subject to appropriate conditions and safeguards, when the city council finds:

a.

That the proposed use meets all the minimum standards established in this section;

b.

That the proposed use will not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants, and not be substantially or permanently injurious to neighboring property;

c.

That the proposed use is in harmony with the purpose and intent of this section.

(3)

The city council may impose additional reasonable restrictions or conditions to carry out the spirit and intent of this section and to mitigate adverse effects of the proposed use.

(d)

Compliance.

(1)

Following the issuance of a use permit, the building official shall ensure that if the development is undertaken, it is completed in compliance with the conditions of said permit.

(2)

Issuance of a use permit does not relieve the applicant of the responsibility for complying with all other applicable city ordinances.

(3)

If a use permit has not been utilized within six months after the date issued, the permit is automatically cancelled.

(Code 1996, 153.085; Ord. No. 0002, 12-14-1995)