Lincolnton City Zoning Code

The building official shall approve or deny the application for a building permit, certificate of occupancy, or sign permit within five business days of receipt of the application and all required materials. The applicant shall be notified in writing of either the approval, conditional approval or denial of the application within five working days after such decision is made.

(Ord. of 12-2003, § 21-2(a))

Conditional approval shall require that the conditions and reasons therefor be stated in writing and be agreed to by the applicant. Such conditions shall be binding upon the applicant.

(Ord. of 12-2003, § 21-2(b))

If an application for a building permit, certificate of occupancy, or sign permit is denied by the building official, the applicant may reapply to the building official provided that the applicant overcomes, to the satisfaction of the building official, the causes for the previous disapproval. The applicant may also, with or without reapplication, institute appeal proceedings.

(Ord. of 12-2003, § 21-3(c))

Records of applications for building permits, building permit approvals and denials, records of plats and plans in connection with said permits, records of applications for certificates of occupancy, certificate of occupancy approvals and denials shall be kept on file in the office of the building official and shall be furnished upon request to any person interested in the building, structure, or land involved.

(Ord. of 12-2003, § 21-7)

1. Any person or corporation intending to build or have built a house or other structure having a roof or to build an addition to a house or structure within the city, shall make application to the city at least five days before beginning work for a permit to erect the building or structure. The application shall state:
   1. The name of the owner of the proposed building or structure;
   2. The size, material and location of the proposed building or structure; and
   3. Whether the work is done under contract or by the day's work, and, if by contract, the name of the contractor.
2. No person or corporation, contractor or builder shall begin the erection of any building structure within the city without a permit therefor as hereinbefore provided. Any violation of the terms of this section in refusing or neglecting to obtain a permit shall result in the person, upon conviction thereof, being punished as provided in section 1-13. Each day's work without a permit shall be a separate offense. In addition, if a permit is not purchased before constructions begins the permit fee shall be doubled.

(Comp. Ords. 1998, § 6-1-1(a), (c))

1. The building official shall inspect the site of the proposed building or structure with reference to:
   1. Its encroachment on the streets and alleys;
   2. Danger to adjacent buildings or structures; and
   3. Other conditions and circumstances as the building official deems necessary to ensure that the structure complies with all city zoning and building regulations.
2. The building official shall report to the mayor and council his approval or disapproval of the permit, and, if he disapproves, submit his reason for disapproval in writing.
3. In the event of the disapproval of the building official, the applicant shall have the right to appeal to the mayor and council, and upon the approval of that body, the building official shall issue the permit.

(Comp. Ords. 1998, § 6-1-1(b))

If the construction for which a building permit is issued is not begun within six months of issuance of the permit, the permit shall be canceled. If construction will take longer than six months to begin, the person requesting the permit can avoid cancellation by having a water meter installed and paying the minimum water bill until construction is completed.

(Comp. Ords. 1998, § 6-1-1(g))

The applicant shall submit a plat drawn to scale showing the following items in sufficient detail to enable the building official to ascertain whether the proposed excavation, construction, moving or alteration is in conformance with this chapter:

1. The shape, size, and location of the lot to be built upon;
2. The shape, height, use and location on the lot of buildings or structures to be erected or altered;
3. The sizes, locations, and use of all existing buildings or structures on the lot;
4. The number of dwelling units the building is designed to accommodate, if any;
5. The setback lines of buildings on adjoining lots;
6. The layout of off-street parking spaces;
7. Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being observed.

(Ord. of 12-2003, § 21-5.1)

If the application conforms to the provisions of this article, the city building codes and other ordinances of the city, the building official shall issue a permit upon payment of the required fee. If not, the building permit shall be refused by the building official stating such refusal in writing with the cause. The building permit shall contain at least the following information:

1. The name and address of the applicant;
2. The block or street number of the lot to which the permit applies;
3. The zoning district in which the property is located;
4. Whether the permit authorizes excavation, construction, moving, or alteration and the type of structure being built or placed on the lot;
5. The date of the application;
6. The signatures of the applicant and the building official.

(Ord. of 12-2003, § 21-5.2)

Before commencing excavation, construction, moving, or alteration, the building permit, or copy thereof, shall be placed in a conspicuous location on or near the front of the property for the duration of the excavation, construction, moving, or alteration, and in such a manner that it is protected from the weather.

(Ord. of 12-2003, § 21-5.2)

No land or building or other structure or part thereof hereafter erected, moved, or altered in its use shall be occupied or used until the building official has issued a certificate of occupancy.

(Ord. of 12-2003, § 21-6.1)

Within three days after the application for a certificate of occupancy is received on the form provided for that purpose, the building official shall sign and issue a certificate of occupancy if the building, structure, or land, is found to conform to the applicable provisions of this chapter and other ordinances of the city then in force, and complies with the plans submitted for the building permit.

(Ord. of 12-2003, § 21-6.2)

A certificate of occupancy shall not be issued unless the proposed use of the building, structure, or land, is found to conform to the applicable provisions of this chapter and other ordinances of the city then in force, and complies with the plans submitted for the building permit. The building official shall state in writing the reasons for denying such certificates of occupancy.

(Ord. of 12-2003, § 21-6.3)