1. Permit Required. No building or part thereof shall be erected, constructed, reconstructed, converted, altered, enlarged, extended, raised, moved or used and no land shall be used except in conformity with the regulations herein prescribed for the district in which such building or land may be situated and until a building permit has been issued by the Zoning Administrator as provided herein. This requirement as to residential and other non-fire zone structures shall apply to exterior alterations only. Cosmetic changes or changes deemed by the Zoning Administrator to be inconsequential shall be exempt, such changes as re-shingling, re-siding, window replacement, paved driveways and patios shall be deemed inconsequential.
2. Application for Building Permit. Each application for a building permit shall be in writing, on the standard forms of the City, and filed in the office of the Zoning Administrator. The application shall be accompanied by a plot plan of the lot upon which the building or structure is to be placed, reconstructed, enlarged or converted, showing the size of the lot, foundation dimensions, proposed front, side, and rear yard depths of the proposed building or structure and any other existing accessory building on the lot.
3. Issuance of Building Permit. If after reviewing the application, the Zoning Administrator finds the building or structure in the proposed location complies with all the provisions of this chapter, the Zoning Administrator shall, upon payment of the required fee as prescribed herein, issue a building permit therefor and retain a copy thereof as a part of the permanent records of the Zoning Administrator’s office.
4. Refusal of Building Permit. If after reviewing the application the Zoning Administrator finds the building or structure in the proposed location does not comply with the provisions of this chapter, the Zoning Administrator shall furnish the applicant with a signed statement, refusing to issue such permit and setting forth the reason for such refusal. The refusal by the Zoning Administrator to issue a permit may be appealed by the applicant to the Board of Adjustment in the manner provided herein.
5. Expiration. Any zoning permit, under which no construction work has been commenced within six months after date of issuance, or under which the proposed construction, reconstruction or alteration 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 its expiration. A building permit may be extended once for a period not exceeding six months by the Zoning Administrator.
6. Enforcement. A Zoning Administrator shall be appointed by the Mayor to hold office for such term as the Council shall determine, such appointment to be approved by the Council. Said Zoning Administrator shall issue all building permits and enforce all provisions of this chapter. Appeals from the decisions of the Zoning Administrator may be made to the Board of Adjustment as provided herein.
7. Records. The Zoning Administrator shall keep a record of all applications filed, permits issued or refused, and if refused the reason for such refusal and the final action thereon. The Zoning Administrator shall keep a record of all building permit fees collected and shall remit the amount of such fees to the office of the Clerk each day.
8. Fees. Building permits for buildings to be constructed shall be charged at rates set by resolution:
A. Cost per square foot of floor space with a minimum charge shall be set by resolution.
B. If the proposed construction, reconstruction, conversion, alteration, enlargement, extension, or relocation is found to be located within the City’s 100-year flood plain as determined by the City’s Flood Insurance Rate Maps (FIRM) for Humboldt County and Incorporated Areas, City of Humboldt, Panels 19091C0301C, 0302C, 0303C, 0304C, dated November 3, 2017, or as amended hereafter, the fees shall be set by resolution.
C. “Square footage” as herein computed means the area within the foundation upon and within the earth.
D. Of the fees herein computed, 65% thereof shall be paid to the Zoning Building Commissioner for inspection fees.
E. Any additional fees incurred by the City in determining an application’s compliance with the regulations as set forth in this chapter or any related chapter in this Code of Ordinances shall be borne by the person making the application.
F. Where work for which a permit is required by this chapter is started or commenced without obtaining a permit, the fees specified for such permit may be doubled at the discretion of the Zoning Administrator, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this chapter in the execution of the work, nor from any other penalties prescribed herein. The payment of a double fee shall not be used for purposes of calculating payment of the Zoning Administrator by the City.
(Code of Iowa, Sec. 103A.19[5])
9. Certificate of Compliance.
A. A building permit shall not become effective, and no person shall occupy or use the subject structure, until the Zoning Administrator has endorsed on the permit his certification of compliance that the structure has been completed in conformity with the terms and conditions of the building permit.
B. If approved, the certified permit shall be delivered to the Clerk for filing. If disapproved, the Zoning Administrator shall attach to the disapproved certificate the reasons for disapproval, which shall be forwarded to the Clerk. Copies of the permit shall also be sent to the applicant.
C. An appeal may be taken from the decision of the Zoning Administrator not to certify a building permit by notifying the Clerk, who shall place the matter on the agenda for Council discussion and decision. The Council shall, at its discretion, retain the right to refer the matter for recommendation and investigation to the Zoning Commission, and shall also have the right by majority voter to (i) affirm the disapproved certificate, (ii) require corrective measures prior to correction, or (iii) override the Zoning and approve the Certificate of Compliance.
10. Additional Certifications. The Zoning Administrator shall be authorized to issue certificates of occupancy, zoning certificates, or similar certifications upon
request by a landowner or third party, with the fees therefore to be set by the Council from time to time.