No property may be substantially changed, substantial clearing, grading or excavation may not be commenced, and buildings may not be constructed, erected, moved or substantially altered except in accordance with this chapter.

(Code 1998, § 5-5-115)

(a)

Required. A zoning permit is required prior to the issuance of a building permit by the town. The purpose of this requirement is to ensure any future development or building activity is in conformance with this chapter. A zoning permit is also required, with the exception of a single-family residence or agricultural uses, in advance of grading, filling or surfacing or by construction of driveways or by constructing or enlarging parking areas more than six spaces in preparation of a new or changed use of a lot.

(b)

Exceptions. A zoning permit shall not be required in connection with the establishment of electrical distribution lines, water lines, sewer, gas or other pipelines.

(Code 1998, § 5-5-116)

It shall be unlawful to begin the removal of trees, the excavation or clearing for the construction, the moving, alteration or repair, except ordinary repairs, or any building or other structure, until the building official has issued for such work a building permit which includes a zoning permit indicating that plans, specifications and the intended use for such structures do, in all respect, conform to the provisions of this chapter. In no circumstance shall a building permit be issued without a zoning permit. Also it shall be unlawful to change the type of use of land, or to change the type of use or type of occupancy of any building, or to extend any use on any lot on which there is a nonconforming use, until the building official has issued for such intended use a building permit, including a zoning permit indicating that the proposed use does, in all respects, conform to the provision of this chapter. All permit application shall be made in writing to the building official on forms provided for that purpose. A record of all such applications shall be kept on file by the building official.

(Code 1998, § 5-5-117; Ord. No. 2005-16, § 5-5-117, 10-24-2005)

(a)

Building permit required. No person shall erect, alter, repair, move, improve, convert or demolish any building or structure or cause the same to be done, without first making application for a building permit from the town clerk, which shall be made on the form provided for this purpose.

(b)

Contents. The following information shall be included in the application:

(1)

The name and address of the owner of the real estate, the tax district and tax map number.

(2)

The location of and nature of the work to be done.

(3)

If new construction, the name of the contractor or builder.

(4)

The estimated cost of the work to be done, whether the work involves a business or residence.

(5)

In the case of new construction, number of square feet, and type of construction (this would also apply to the moving of a mobile home to a different location.

(6)

The number of stories and number of rooms.

(7)

The number of baths.

(8)

The number of bedrooms.

(9)

The type of heat and number of fireplaces.

(10)

The owner shall present drawings which would include all this information as well as the approximate or estimated date of completion.

(c)

Septic tank permit required. In cases where a septic tank is required, the applicant will be required to furnish a copy of the septic tank permit issued from the county health department, which is to be so entered on the application for the building permit and also attached to the application.

(d)

Adoption of codes. The town has adopted the building codes and has agreed to use the county building inspection service. Similar forms used by the county will be used by the town in order to provide consistency and ease in coordination with the county building inspection service.

(Code 1998, § 5-5-118; Ord. No. 2005-16, § 5-5-118, 10-24-2005)

(a)

Every application for a building permit for excavation, construction, moving, alteration or change in type of use or type of occupancy shall be accompanied by a valid permit to construct an individual sewage disposal system, or proof of connection to a public sewer.

(b)

Those instances of on-site disposal system use shall obtain the required state/county health department permit for same prior to initiating any land clearing, change in land use, moving of structures or similar activity.

(c)

All building permit applications may be required to include a written statement and plans or plats, drawn to scale, showing the following in sufficient detail to enable the building official to ascertain whether the proposed work or use is in conformance with the provisions of this chapter:

(1)

The actual shape, location and dimensions of the lot; if the lot is not a lot of record, sufficient data to locate the lot on the ground.

(2)

The shape, size and location of all buildings or other structures, to be erected, altered or moved and their setbacks, and of any other buildings or other structures already on the lot.

(3)

The existing and intended use of the lot and of all structures upon it.

(4)

Such other information concerning the lot, adjoining lots, or other matters as may be essential for determining whether all provisions of this chapter are being observed.

(Code 1998, § 5-5-119; Ord. No. 2005-16, § 5-5-119, 10-24-2005)

If the proposed excavation, construction, moving, alteration or use of land as set forth in the application is in conformity with the provisions of this chapter, the building official shall issue a building permit, however:

(1)

Issuance of a building permit shall in no case be construed as waiving any provision of this chapter.

(2)

The building official under no circumstance is permitted to grant exceptions to the actual meaning of any clause, order or regulation contained in this chapter to any person making application to excavate, construct, move, alter or use either building, structures or land.

(3)

The planning director is under no circumstances permitted to make changes to this chapter or to vary the terms of this chapter in carrying out his duties.

(4)

The building official shall issue a permit when the imposed conditions of this chapter are complied with by the applicant regardless of whether the use of the permit would violate contractual or other arrangements (including, but not by way of limitation, restrictive covenants) among the parties.

(5)

If an application for such permit is not approved, the building official shall state in writing the cause for such action.

(Code 1998, § 5-5-120; Ord. No. 2005-16, § 5-5-120, 10-24-2005)

(a)

Applications for building permits and subdivision plat approval will be accepted only from persons having the legal authority to take action in accordance with the permit or the subdivision plat approval. Applications should be made by the owners or lessees of the property, or their agents, or persons who have contracted to purchase property contingent upon their ability to acquire the necessary permits, or the agents of such persons who may make application in the name of such owners, lessees, or contract vendees.

(b)

The planning director may require the applicant to submit evidence of his authority to submit the application whenever there appears to be a reasonable basis for questioning this authority.

(Code 1998, § 5-5-121)

Before any permit shall be issued covering buildings or other operations regulated by this chapter, a building permit fee in an amount fixed by the town council shall be paid.

(Code 1998, § 5-5-122)

No building, structure or zoning lot for which a building permit has been issued shall be used or occupied until, after final inspection, a certificate of occupancy has been issued indicating compliance has been made with all the provisions of this chapter. However, the issuance of a certificate of occupancy shall in no case be construed as waiving any provision of this chapter. Any change of occupancy from one use to another must be approved by the building official or mayor.

(Code 1998, § 5-5-123; Ord. No. 2005-16, § 5-5-123, 10-24-2005)

The town clerk upon issuing a building permit shall furnish a copy to the county assessor's office within ten days.

(Code 1998, § 5-5-124)

The permit, when issued, shall be kept at the building site or place where such construction, erection, alteration or improvements are being made. The permit must be visible from the road.

(Code 1998, § 5-5-125)

Every building permit that is issued shall be invalid unless the work authorized by such a permit is commenced within six months after its issuance; however, an extension of time may be authorized by the building official for a period not to exceed 90 days. An extension, if granted, should be so noted on the application showing the reason for the extension.

(Code 1998, § 5-5-126; Ord. No. 2005-16, § 5-5-126, 10-24-2005)

If any person commences any work on a building or structure before obtaining the necessary building permit from the town clerk, he shall be in violation of this chapter. Where construction is started before a permit is obtained, the permit fee shall be doubled.

(Code 1998, § 5-5-127)

Nothing in this chapter shall prevent any homeowner to construct, install or repair his own property. Such privilege does not convey the right to violate any of the provisions of this chapter, nor is it construed as exempting any such property owner from obtaining a permit and paying the required fee.

(Code 1998, § 5-5-128)

(a)

Any person that makes application for a building permit and furnishes the estimated cost for the work to be performed shall be charged according to the rate schedule adopted by the town council.

(b)

If the inspector or duly authorized representative shall upon his inspection, after the completion of the work or apparatus, finds the same does not conform or comply with the provisions of this Code, he shall notify the contractor, indicating the corrections required and when he shall be notified that the corrections have been made, he shall again inspect the work or apparatus without further charge, but when extra inspections are necessary due to any of the following reasons, a charge will be made for each reinspection:

(1)

Wrong address.

(2)

Condemned work, resulting from faulty work.

(3)

Repairs or corrections not made.

(4)

Work not ready for inspection when called.

(5)

Each additional inspection required shall require a minimum inspection fee as determine by town council.

(6)

All reinspection fees shall be paid prior to final inspection of the designated work. Where work for which a permit is required by this chapter is started prior to obtaining a permit, the fees shall be doubled, but the payment of such double fees shall not relieve any person from fully complying with the requirements of this chapter in the execution of the work nor from any other penalties prescribed herein. For the demolition of any building or structure, the fee shall be determined by town council.

(Code 1998, § 5-5-129)

The purpose of the chapter is to provide minimum requirements to safeguard life, health and public welfare and the protection of property as it relates to these safeguards by regulating the design, construction, alteration, repair, equipment, use and occupancy, location, maintenance, removal and demolition of all building or structures and appurtenances thereto. For the reasons stated above, the town has adopted the international building code.

(Code 1998, § 5-5-130; Ord. No. 2005-16, § 5-5-130, 10-24-2005)