(a)

Permits required.

(1)

The use made of property shall not be substantially changed, excavation shall not be commenced, and buildings or other substantial structures shall not be constructed, erected, moved, or substantially altered except in accordance with and pursuant to one of the following permits:

a.

Zoning permit issued by the building inspections department.

b.

Special exception permit issued by the city's board of zoning appeals.

(2)

Zoning permits and special exception permits are issued under this chapter in respect to plans submitted by the applicant that demonstrate compliance with the provisions contained herein. Such plans as are finally approved are incorporated into any permit issued in reliance thereon, and all development shall occur strictly in accordance with such approved plans.

(3)

A zoning permit or special exception permit shall be issued in the name of the applicant (except that applications submitted by an agent shall be issued in the name of the principal), shall identify the property involved and the proposed use, shall incorporate by reference the plans submitted, and shall contain any special conditions or requirements lawfully imposed by the permit-issuing authority. It shall be the responsibility of the applicant and/or agent to comply with all other federal, state, and local laws that pertain to the development authorized by permit under this chapter.

(b)

No occupancy, use, or sale of lots until requirements fulfilled. Issuance of a zoning permit or special exception permit authorizes the recipient to commence the activity resulting in a change in use of the land or, subject to obtaining a building permit or other permits or approvals required by law, to commence work designed to construct, erect, move, or substantially alter buildings or other substantial structures. However, except as provided in subsection (g)(1) of this section and section 44-145, the intended use shall not be commenced and no building shall be occupied until the recipient has complied with all of the requirements of this chapter and all additional requirements imposed pursuant to the issuance of a zoning permit and special exception permit or building permit.

(c)

Who may submit permit applications.

(1)

Applications for zoning permits or special exception permits shall be accepted only from persons having the legal authority to take action in accordance with the permit approval. By way of illustration, this means that applications shall be filed by the owner of the property, his agent (with written consent of the property owner), lessees of the property or their agent (with written consent of the property owner), or persons who have contracted to purchase the property contingent upon their ability to acquire the necessary permits under this chapter and with consent of the property owner or the agent of such persons (who shall make application in the name of such owners, lessees, or contract vendees and with the written consent of the property owner).

(2)

Every application for a permit under this article shall be signed by the property owner or his agent, and the permit-issuing authority may require an applicant to submit evidence of his authority to submit the application in accordance with subsection (c)(1) of this section.

(d)

Applications to be complete.

(1)

All applications for zoning permits or special exception permits shall be complete before the permit-issuing authority is required to consider the application.

(2)

It is presumed that all of the information listed in this article shall be submitted with an application for a building permit, special exception permit, land development application or subdivision application to enable the permit-issuing authority to determine whether the development, if completed as proposed, shall comply with all the requirements of this chapter. Applications for variances are subject to the same provisions. However, the permit-issuing authority may require more information or accept as sufficient less information according to the circumstances of the particular case.

(3)

Subject to subsection (d)(4) of this section, an application is complete when it contains all of the information that is necessary for the permit-issuing authority to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this chapter. The date on which all of the required information is submitted to the building inspections department shall be the day the application is considered to be complete. If an application is submitted which does not contain all required information, it will not be considered complete and the date by which the application shall be processed under shall be the date the application is considered complete.

(4)

In this chapter, detailed or technical design requirements and construction specifications relating to various types of improvements may be set forth in one or more of the articles of this chapter or may be specified in the regulations of other state or local agencies (e.g., state department of transportation). It is not necessary that the application contain the type of detailed construction drawings that would be necessary to determine compliance with these technical specifications, so long as the plans provide sufficient information to allow the permit-issuing authority to evaluate the application in the light of the substantive requirements set forth in the text of this chapter. However, whenever a certain element of a development is required to be constructed in accordance with such technical specifications or whenever it reasonably appears to the permit-issuing authority that such construction drawings are necessary to demonstrate that construction details will comply with plans submitted and approved as part of the permit-issuing process, then no construction work on such element may be commenced until detailed construction drawings have been submitted to and approved by the permit-issuing authority. It is recognized that each development is different and therefore the permit-issuing authority may allow less information or require more information to be submitted according to the needs of the particular case. Failure to comply with the requirements set forth herein shall result in permit revocation, or other penalty as provided in article VII of this chapter.

(5)

Subject to section 44-590, every application for a variance or a building permit, special exception, land development, or subdivision shall contain plans that locate the development site and graphically demonstrate existing and proposed natural, manmade and legal features on and near the site in question, all in conformity with sections 44-593 through 44-595.

(e)

Staff consultation before formal application. To minimize development planning costs, avoid misunderstanding or misinterpretation, and ensure compliance with the requirements of this chapter, preapplication consultation between the developer and the permit-issuing authority is recommended as provided in this section.

(f)

Staff consultation after application submitted. Upon receipt of a formal application for a zoning permit or special exception permit, the building inspections department shall review the application and confer with the applicant to ensure that he understands the staff's interpretation of the applicable requirements of this chapter, that he has submitted all of the information required under this chapter, and that the application represents precisely and clearly what he proposes to do.

(g)

Zoning permits.

(1)

A completed application form for a zoning permit shall be submitted to the building inspections department by filing a copy of the application with the building inspections department.

(2)

The building inspections department shall issue the zoning permit unless it finds, after reviewing the application and consulting with the applicant, that:

a.

The requested permit is not within its jurisdiction according to the table of permissible uses;

b.

The application is incomplete; or

c.

If completed as proposed in the application, the development will not comply with one or more requirements of this chapter (not including those requirements for which a variance has been granted or those the applicant is not required to comply with under the circumstances specified in article IX of this chapter).

(h)

Authorizing use or occupancy before completion of development under zoning permit. In cases when, because of weather conditions or other factors beyond the control of the zoning permit recipient, it would be unreasonable to require the zoning permit recipient to comply with all of the requirements of this chapter (exclusive of health- and safety-related requirements), prior to commencing the intended use of the property or occupying any buildings, the building official may authorize the commencement of the intended use or the occupancy of buildings (insofar as the requirements of this chapter are concerned) if the permit recipient provides a performance bond or other security satisfactory to the building official to ensure that all of the requirements of this chapter will be fulfilled within a reasonable period (not to exceed six months) determined by the building official.

(i)

Zoning enforcement official.

(1)

Names. This article shall be administered and enforced by the building official, with the assistance of such other persons as the city council may direct.

(2)

Duties. The duties of the building official shall include receiving applications, issuing building permits, inspecting premises, issuing certificates of occupancy for uses and structures that meet the requirements of this article, and other actions to ensure conformance with this article.

(3)

Procedure against violations. If the building official shall find that any of the provisions of this article are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this article to ensure compliance with or to prevent violation of its provisions.

(j)

Building permits—Required; records.

(1)

No land shall be used or occupied, and no land shall be excavated and no building or other structure shall be erected, structurally altered, added to or moved until a building permit shall have been issued in conformity with the provisions of this article by the building official.

(2)

A record of all building permits issued shall be kept on file in the office of the building official, and copies shall be furnished, on request, to persons having a proprietary or tenancy interest in the building or land involved.

(k)

Building permits—Application procedure.

(1)

Application for a building permit shall be made prior to construction, alteration or moving of any structure, or change of land use. Each application for a building permit shall be accompanied by two copies of a plan drawn to a scale of not less than 100 feet to one inch. The plan shall show the shape and dimensions of the lot on which the proposed building or use is to be erected or conducted; the location of the lot with respect to adjacent rights-of-way; the setback lines of buildings on adjoining lots; the shape, dimensions, and location of all buildings, existing and proposed, on the lot; the nature of the proposed use of the building or land; the location and dimension of off-street parking and the means of egress and ingress to such space; and any other information the building official may deem necessary for consideration in enforcing the provisions of this article.

(2)

If the proposed plan conforms with the provisions of this article, the building official shall issue a building permit and return one copy of the plan to the applicant. The building official shall mark the plan as approved and attest to the same by his signature. The second copy of the plan, similarly marked, and a copy of the building permit shall be retained by the building official.

(l)

Certificate of occupancy for new or altered uses—Required; records.

(1)

It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued by the building official stating that the proposed use of the building or premises is in compliance with the provisions of this article.

(2)

A record of all certificates of occupancy issued shall be kept on file in the office of the building official, and copies shall be furnished, on request, to persons having a proprietary or tenancy interest in the building or land involved.

(m)

Certificate of occupancy for new or altered uses—Application procedure; temporary certificate; failure to obtain.

(1)

Application for a certificate of occupancy shall be made coincidentally with the application for a building permit. The certificate of occupancy shall be issued within five days after the erection, move or structural alteration of any building or change in the use of any premises shall have been completed in conformity with the provisions of this article.

(2)

A temporary certificate of occupancy may be issued by the building official for a period not exceeding six months during alterations or partial occupancy of a building pending the completion, or for bazaars, carnivals and such, provided that such temporary permit may require such conditions and safeguards as will protect the safety of the occupants and the general public.

(3)

Failure to obtain a certificate of occupancy shall be a violation of this article.

(n)

Construction and use to be as provided in applications, plans, permits and certificates of occupancy. Building permits or certificates of occupancy issued on the basis of plans and applications approved by the building official authorize only the use, arrangement and construction set forth in such approved plans and applications. Use, arrangement or construction that differs from that authorized shall be deemed a violation of this article.

(o)

Appeals to board of zoning appeals. If the request for a building permit is disapproved or if a certificate of occupancy is denied, the applicant may appeal the action of the building official to the board of zoning appeals.

(p)

Fee schedule. The city council may establish a schedule of fees and a collection procedure for building permits, certificates of occupancy, appeals, amendments and other matters pertaining to this article. The schedule of fees shall be displayed in the office of the building official and may be amended by the city council. No permit, certificate, use permitted on review, or variance shall be issued unless and until such fees have been paid in full, nor shall any action be taken on proceedings before the board of zoning appeals or the city planning commission unless or until fees have been paid in full.

(Code 1991, § 31-121)