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Franklin City Zoning Code

CHAPTER 8

BUILDING PERMITS

7-8-1: BUILDING PERMIT REQUIRED:

   A.   Requirement: No new building shall be erected or extreme remodeling be undertaken without a permit therefor issued by the commission or its designated agent. Building permits shall be issued only in conformity with the provisions of this title. "Extreme remodeling" shall be defined as any remodeling, alteration, or repair of any building structure that involves enlarging the footprint of the building structure itself or excavation or grading work below grade.
   B.   Exempted Work: A building permit will not be required for the following:
      1.   Fences six feet (6') high or less.
      2.   Retaining walls which are not over four feet (4') in height measured from the bottom of the footing to the top of the wall unless supporting a structure or impounding flammable liquids.
      3.   Platforms, walks, and driveways not more than thirty inches (30") above grade and not over any basement or story below.
      4.   Painting, papering and similar finish work.
      5.   Temporary motion picture, television and theater stage sets and scenery.
      6.   Window awnings supported by an exterior wall of A-1 and A-2 occupancies when projecting not more than fifty four inches (54").
      7.   Prefabricated swimming pool accessory to A-1 or A-2 occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed five thousand (5,000) gallons.
   C.   Accessory Buildings: A one story detached accessory building used as a tool shed, storage shed, playhouse, or similar use, and not for human habitation, shall not require a building permit if the foundation (or if no foundation, total floor square footage) does not exceed one hundred twenty (120) square feet. If the foundation (or total floor square footage) of any such building is greater than one hundred twenty (120) square feet, but less than or equal to two hundred fifty (250) square feet, such construction shall require an accessory building permit, and the fee therefor shall be ten dollars ($10.00). (Ord. 2011-10-12, 10-12-2011)

7-8-2: CONTENTS OF APPLICATION:

The application for building permit shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the permit shall expire and may be revoked if work has not begun or is substantially completed within one year. At a minimum, the application shall contain the following:
   A.   Name, address and phone number of applicant.
   B.   Legal description of property and street address.
   C.   Existing use.
   D.   Proposed use.
   E.   Zoning district.
   F.   Plan drawn to scale, showing the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any; and the location and dimensions of the proposed buildings or alteration.
   G.   Building heights.
   H.   Number of off street parking spaces or loading berths.
   I.   Number of dwelling units.
   J.   Proposed sewer and water facilities.
   K.   Such other matters as may be necessary to determine conformance with, and provide for, the enforcement of this title. (Ord. 2011-10-12, 10-12-2011)

7-8-3: APPROVAL OF BUILDING PERMIT:

Within thirty one (31) days after the receipt of an application, the commission or its designated agent shall either approve or disapprove the application in conformance with the provisions of this title. All building permits shall, however, be conditional upon the commencement of work within one year. One copy of the plans shall be returned to the applicant by the administrator after the administrator shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. One copy of plans similarly marked, shall be retained by the administrator. The administrator shall issue a placard, to be posed in a conspicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of this title. (Ord. 2011-10-12, 10-12-2011)

7-8-4: EXPIRATION OF BUILDING PERMIT:

If the work described in any building permit has not begun within one year from the date of issuance thereof, said permit shall expire. (Ord. 2011-10-12, 10-12-2011)

7-8-5: FAILURE TO OBTAIN BUILDING PERMIT:

Failure to obtain a building permit prior to commencement of construction shall be in violation of this title and subject to applicable fines as per this code and may be subject for removal of building at owner's expense. (Ord. 2011-10-12, 10-12-2011)

7-8-6: COMPLIANCE WITH APPROVED PLANS AND APPLICATIONS:

Building permits issued on the basis of plans and applications approved by the commission authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto, and no other use, arrangement or construction. Use, arrangement or construction contrary to that authorized shall be deemed a violation of this title. (Ord. 2011-10-12, 10-12-2011)

7-8-7: SCHEDULE OF FEES, CHARGES AND EXPENSES:

   A.   Establish Fees And Collection Procedure: The council shall establish a schedule of fees, charges and expenses and a collection procedure for building permits, amendments, appeals, variances, special use permits, plan approvals, and other matters pertaining to the administration and enforcement of this title requiring investigations, inspection, legal advertising, postage and other expenses. The schedule of fees shall be posted in the office of the clerk and may be altered or amended only by the council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
   B.   Adherence To Code Standards: Exemption from the permit requirements of this title shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this title or any other laws or ordinances of this jurisdiction. (Ord. 2011-10-12, 10-12-2011)

7-8-8: COMPLAINTS REGARDING VIOLATIONS:

Whenever a violation of this title occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis thereof, shall be filed with the clerk. The clerk shall properly record such complaint in the records of the city. (Ord. 2011-10-12, 10-12-2011)

7-8-9: PENALTIES1:

The city attorney may, in addition to taking whatever criminal action deemed necessary, take steps to civilly enjoin any violation of this title. Penalties for failure to comply with or violations of the provisions of this title shall be as follows: violation of any of the provisions of this title or failure to comply with any of its requirements shall constitute a misdemeanor. Each day such violation continues shall be considered a separate offense. The landowner, tenant, subdivider, builder, public official or any other person who commits, participates in, assists in or maintains any violation may be found guilty of a separate offense. Nothing herein contained shall prevent the council or any other public official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation of this title or of the Idaho Code. (Ord. 2011-10-12, 10-12-2011)