(A)

The city superintendent or his or her appointed agent, being the authorized representative of the commission, shall be responsible for the issuance of improvement location permits for any alteration to the condition of land and/or structures thereon including: construction, alteration or addition to buildings, driveways, parking areas, signs, drainage, area lighting, swimming pools or any permanent improvements, within all zoning districts in the jurisdiction of the commission. Any persons making said alterations must obtain an improvement location permit for said alterations from the superintendent, prior to the start of any construction.

(B)

The filing fee for an improvement location permit is shown on Section 94-240 of this chapter, which is hereby established as a part of this chapter. However, no fee is charged for the permit for improvements to individual lots in R1 and R2 districts.

(Ord. No. 2001-1478, 11-19-2001)

(A)

Application for a building permit shall be made concurrently with the improvement location permit if construction or alteration of a building is proposed.

(B)

No land shall be occupied or used and no building hereafter erected, altered or reconstructed shall be occupied or used, in whole or in part, for any purpose whatsoever, until an improvement location permit has been issued by the city superintendent, or his or her agent, stating that the use complies with all of the provisions of this chapter.

(C)

(1)

Upon notice by the owner or his or her agent that all improvements are complete the superintendent shall, within ten business days, inspect the property for compliance and issue the certificate of occupancy provided said improvements have been completed in compliance with the permit and all provisions of this chapter.

(2)

The superintendent shall notify the owner of any deficiencies.

(3)

After correction of the deficiencies, the owner must request a re-inspection and pay the re-inspection fee per Section 94-240 of this chapter.

(4)

The superintendent shall have ten business days in which to re-inspect the property.

(Ord. No. 2001-1478, 11-19-2001)

Upon application for an improvement location permit, the applicant must furnish the following information.

(A)

The applicant must furnish a copy of a dimensioned site plan, prepared by a state registered land surveyor or state professional engineer, drawn to scale, showing the following unless a waiver is granted per subsection (A)(1) below:

(1)

Show owner's name and address;

(2)

Provide the legal description of the property including bearing notations and lengths and if in a platted subdivision provide a copy of the recorded subdivision plat;

(3)

Show existing and proposed improvements including, but not limited to: buildings; signs; utilities; driveways; parking areas; areas of grass or lawn; fences; wells; sewage facilities and finger systems; area lighting; and any other existing or proposed improvements that might impact drainage, erosion, access, setback, lot coverage or any other requirement of this chapter;

(4)

Provide existing and proposed elevations of the building site including the proposed elevation of the first floor of the structure. Also, show existing and proposed drainage patterns, storm structures and retention/detention areas with capacity calculations;

(5)

Show any rivers, streams, creeks or ditches on or within 75 feet of the property. Also show all floodways and floodway fringes that impact or may impact the property and the 100-year base flood elevation if buildings are to be constructed within the floodway fringe;

(6)

Show all easements of record, including, but not limited to: utility; drainage; and access. Show all proposed easements including utility, drainage, access or any other easements required for by this chapter or any other ordinance of the city, or by any act of the legislature of the state;

(7)

Show any planned easements, setback lines or rights-of-way;

(8)

Show the existing land use of the parcel and adjoining parcels;

(9)

Show all adjacent streets including all required easements thereto and also the location and size of ingress and egress points from the property; and

(10)

The city superintendent may waive the requirement that the site plan be prepared by a surveyor or engineer if the proposed improvements are of such a minor nature that a professionally prepared site plan is not warranted. A professionally prepared site plan is required for a new principal building and cannot be waived. However, for accessory buildings and building additions in agricultural (AG), rural residential (RR(a)-(c)) (rural residential zoning districts were created after Section 94-132 of this chapter was amended. As these districts are a transition between agricultural and residential districts, it is the intent that amended Section 94-132(A)(10) of this chapter should also apply to RR districts), and single- and two-family residential (R1 and R2) districts the professionally prepared site plan requirement may be waived under the following conditions:

(a)

The distance from each side of the proposed accessory building or addition to the nearest lot line is not less than one and one-half times respective setback required for the district;

(b)

There is no evidence of utility use or easements within or near the required setback; and

(c)

City superintendent and city engineer agree a professional site plan is not needed to protect the interest of the public or city.

(B)

The city superintendent shall keep plans for a period of three years.

(C)

All required special use requirements per Article IV of this chapter, such as fencing, screening and the like shall be shown on the site plan required under subsection (A) above.

(D)

The applicant shall present written approval of the proposed structure from any agency, commission, board or other department of the state and/or federal government having jurisdiction over the proposed structure prior to issuance of the improvement location permit.

(E)

The applicant shall present written approval for proposed wastewater disposal (septic or sewage) facilities from the city, the county's health department or the state's department of health, and the state's department of environmental management, whichever is applicable.

(F)

The applicant shall present written approval from the proper jurisdiction for any proposed means of ingress and egress including driveway permits.

(G)

The applicant shall submit three complete sets of construction plans for the proposed improvements. Additionally, if a professionally prepared site plan is required, then the site plan shall also be submitted as an electronic file in a format approved by the city engineer.

(H)

As a condition of issuing an improvement location permit, the city superintendent or his or her agent may require the relocation, elimination or addition of any drainage structures, entrance or exit, pavement turn lands and tapers, passing blisters or traffic devices, if the superintendent or city engineer determines it is necessary for the public health, safety or welfare.

(I)

An improvement location permit for a special exception may not be issued until the board has approved the application.

(Ord. No. 2001-1478, 11-19-2001; Ord. No. 2011-1655, 7-18-2011)

If an application for an improvement location permit relates to an industrial use, a certificate of compliance must accompany it, certified by a registered professional engineer or architect of the state, stating that the design will meet the performance standards established by Section 94-35 of this chapter. After a ten business day period has elapsed, during which the superintendent or his or her agent has not required additional information, a permit shall be issued; provided, all other requirements of this have been met. The superintendent may waive the requirements of this section on a case-by-case basis.

(Ord. No. 2001-1478, 11-19-2001)

(A)

If a person to whom an improvement location permit has been issued fails to begin construction within 12 months after the permit is issued; fails to complete 50 percent of the total plan within 24 months; or 100 percent of the improvements within 36 months after the permit is issued, then said improvement location permit shall be automatically revoked and becomes void.

(B)

Upon application by the holder of an improvement location permit for a special exception, the board may change the plan on which the permit is based. The board shall handle the application as if it were an original application for an improvement location permit for a special exception. The filing fee for a special exception shall be collected as established in Article V of this chapter. If the board approves the application, it shall notify the city superintendent who shall issue an amended permit reflecting the approved change.

(Ord. No. 2001-1478, 11-19-2001)

The city superintendent shall keep a record of each improvement location permit and each certificate of occupancy. Upon request, a copy shall be furnished to any person having a proprietary, contract, financial, fee or other similar legal interest in the premises concerned.

(Ord. No. 2001-1478, 11-19-2001)

During the course of all construction and as a prerequisite to obtaining the certificate of occupancy under this chapter, it shall be the responsibility of the owner of the property to give the city superintendent or his or her agent 48-hour notice prior to all required inspections. Failure to give notice to the superintendent for appropriate inspections required to establish that any structure meets the building code and the requirements of this chapter, may result in a fine as listed in Section 94-241 of this chapter and in the event of more than three violations of this section during the construction process, the superintendent shall void the improvement location permit. Violations shall be enforced through the city court with any appeal to the county's circuit or superior court. All court costs and cost of litigation and attorney fees shall be the responsibility of the violating party.

(Ord. No. 2001-1478, 11-19-2001)