- ADMINISTRATION AND ENFORCEMENT
For the purpose of this ordinance, the administrative officer, appointed by the mayor with council approval, shall administer and enforce the provisions of this ordinance. Appeal from the decision of the administrative officer may be made to the board of adjustment as provided herein.
601.1.
It shall be unlawful to commence or to proceed with the erection, construction, reconstruction, alteration, enlargement, extension or moving of any building, structure, or any portion thereof, or the use of land, without first having applied in writing to the administrative officer for a building permit to do so and until a building permit has been granted therefore.
601.2.
Every application for a building permit shall be in writing and delivered to the administrative officer, and shall be accompanied by a detailed set of plans and specifications in duplicate, showing the size of the proposed building, structure or use, its location on the lot, the materials of which it is to be constructed, and the details and type of construction to be used. With each application for a building permit, payment of a fee in accordance with the following Uniform Administrative Code. Such fees as are required shall be paid to the city clerk.
601.3.
On the issuance of a permit, one set of said plans and specifications shall be retained by the administrative officer as a permanent record and one set shall be returned to the applicant. The administrative officer may, at his own discretion, permit the substitution of a written statement covering the essential information required in the place of said plans and specifications.
601.4.
Blank forms shall be provided by the administrative officer for the use of those applying for permits as provided in this ordinance. Any permits issued by the administrative officer shall be on standard forms for such purpose and shall be furnished by the city.
601.5.
A record of all such applications, plans and permits shall be kept in the office of the administrative officer.
601.6.
A permit in writing shall be issued by the administrative officer when the application and investigation thereof indicate compliance by the applicant with all the provisions of this ordinance and all other controlling ordinances of the City of Oelwein, Iowa, and the laws of the State of Iowa.
601.7.
If, after reviewing the application, the building official finds that the building or structure in the proposed location does not comply with the provisions of this chapter, he shall furnish the applicant with a statement, signed by the enforcing officer, refusing to issue such permit and setting forth the reason for such refusal. The refusal by the zoning enforcing officer to issue a permit may be appealed by the applicant to the zoning adjustment board in the manner as provided herein.
601.8.
Any permit, under which no construction work has been commenced within 180 days after the date of issue of said permit or under which the proposed construction, reconstruction or alternation 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 such expiration. A permit may be once extended for a period not exceeding six months by the administrative officer, and the fee therefore shall be 65 percent of the amount required for a new permit for such work, provided no changes have been made in the original plans and specifications for such work.
601.9.
In any residential zoning district, no uncovered porch and/or deck will be allowed in the required front yard unless the porch and/or deck will be constructed in line with the other primary structures in that block.
The renovation of existing uncovered and enclosed porches and/or decks will be permitted provided the renovation does not enlarge or expand the existing structure.
602.1.
The administrative officer shall be charged with the responsibility of enforcing the provisions of this ordinance. He shall make periodic inspections, review complaints, and perform such other tasks necessary to insure compliance with the provisions of this ordinance. In the event there is violation of this ordinance, the administrative officer shall issue a written order in person or by mail to the violator or the property owner indicating the nature of the violation.
603.1.
Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be guilty of a simple misdemeanor and upon conviction be subject to imprisonment not exceeding 30 days or a fine of not to exceed $100.00 for each offense or both such imprisonment and fine.
603.2.
Each day that a violation is permitted to exist beyond the time designated in the written notification by the administrative officer shall constitute a separate offense.
603.3.
In the event that there is any violation of this ordinance which in the opinion of the administrative officer or the legally constituted officials of the City of Oelwein jeopardize the health, safety, or welfare of the people, said officials shall remove, restrict, terminate or otherwise prevent such violation from continuing and shall levy such costs incurred in this action against the violator or property owner.
604.1.
The owner of any tract of land may submit to the city council a plan for the use and development of all of the tract of land residential and accessory purposes. Such plan shall be referred to the city planning commission for study, report and public hearing. After public hearing, the same shall be submitted to the city council for consideration and action. The approval and recommendations of the city planning commission shall be accompanied by a report stating the reasons and basis for approval of the plans with particular consideration with regard to the following:
(a)
The effect on the value of adjacent property. To this end the city planning commission may make appropriate requirements.
(b)
Consistency of the plan with the interest and purposes of this chapter to promote public health, safety, and general welfare.
(c)
Consistency of the plan with the principal that dwelling units be restricted to one-family, two-family, and/or multiple-family dwellings and the usual accessory buildings such as garages, storage space, or community activities, including churches.
(d)
Density proposed in the plan shall be no greater than that allowable in the district for which the tract is zoned.
(e)
Adequacy of areas reserved for play and recreational facilities.
604.2.
Approval of planned residential units. If the council approves the plan, building permits may be issued, although the use of the land and the location of the buildings to be erected on the land, the yards and open spaces contemplated by the plan, do not conform in all respects to the district regulations of the district in which it is located. In the event of any variation in the plan, as approved by the council, the administrative officer shall deny the permit and the applicant for such permit may revise or amend his plan and resubmit the same to the council for approval as an original plan.
- ADMINISTRATION AND ENFORCEMENT
For the purpose of this ordinance, the administrative officer, appointed by the mayor with council approval, shall administer and enforce the provisions of this ordinance. Appeal from the decision of the administrative officer may be made to the board of adjustment as provided herein.
601.1.
It shall be unlawful to commence or to proceed with the erection, construction, reconstruction, alteration, enlargement, extension or moving of any building, structure, or any portion thereof, or the use of land, without first having applied in writing to the administrative officer for a building permit to do so and until a building permit has been granted therefore.
601.2.
Every application for a building permit shall be in writing and delivered to the administrative officer, and shall be accompanied by a detailed set of plans and specifications in duplicate, showing the size of the proposed building, structure or use, its location on the lot, the materials of which it is to be constructed, and the details and type of construction to be used. With each application for a building permit, payment of a fee in accordance with the following Uniform Administrative Code. Such fees as are required shall be paid to the city clerk.
601.3.
On the issuance of a permit, one set of said plans and specifications shall be retained by the administrative officer as a permanent record and one set shall be returned to the applicant. The administrative officer may, at his own discretion, permit the substitution of a written statement covering the essential information required in the place of said plans and specifications.
601.4.
Blank forms shall be provided by the administrative officer for the use of those applying for permits as provided in this ordinance. Any permits issued by the administrative officer shall be on standard forms for such purpose and shall be furnished by the city.
601.5.
A record of all such applications, plans and permits shall be kept in the office of the administrative officer.
601.6.
A permit in writing shall be issued by the administrative officer when the application and investigation thereof indicate compliance by the applicant with all the provisions of this ordinance and all other controlling ordinances of the City of Oelwein, Iowa, and the laws of the State of Iowa.
601.7.
If, after reviewing the application, the building official finds that the building or structure in the proposed location does not comply with the provisions of this chapter, he shall furnish the applicant with a statement, signed by the enforcing officer, refusing to issue such permit and setting forth the reason for such refusal. The refusal by the zoning enforcing officer to issue a permit may be appealed by the applicant to the zoning adjustment board in the manner as provided herein.
601.8.
Any permit, under which no construction work has been commenced within 180 days after the date of issue of said permit or under which the proposed construction, reconstruction or alternation 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 such expiration. A permit may be once extended for a period not exceeding six months by the administrative officer, and the fee therefore shall be 65 percent of the amount required for a new permit for such work, provided no changes have been made in the original plans and specifications for such work.
601.9.
In any residential zoning district, no uncovered porch and/or deck will be allowed in the required front yard unless the porch and/or deck will be constructed in line with the other primary structures in that block.
The renovation of existing uncovered and enclosed porches and/or decks will be permitted provided the renovation does not enlarge or expand the existing structure.
602.1.
The administrative officer shall be charged with the responsibility of enforcing the provisions of this ordinance. He shall make periodic inspections, review complaints, and perform such other tasks necessary to insure compliance with the provisions of this ordinance. In the event there is violation of this ordinance, the administrative officer shall issue a written order in person or by mail to the violator or the property owner indicating the nature of the violation.
603.1.
Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be guilty of a simple misdemeanor and upon conviction be subject to imprisonment not exceeding 30 days or a fine of not to exceed $100.00 for each offense or both such imprisonment and fine.
603.2.
Each day that a violation is permitted to exist beyond the time designated in the written notification by the administrative officer shall constitute a separate offense.
603.3.
In the event that there is any violation of this ordinance which in the opinion of the administrative officer or the legally constituted officials of the City of Oelwein jeopardize the health, safety, or welfare of the people, said officials shall remove, restrict, terminate or otherwise prevent such violation from continuing and shall levy such costs incurred in this action against the violator or property owner.
604.1.
The owner of any tract of land may submit to the city council a plan for the use and development of all of the tract of land residential and accessory purposes. Such plan shall be referred to the city planning commission for study, report and public hearing. After public hearing, the same shall be submitted to the city council for consideration and action. The approval and recommendations of the city planning commission shall be accompanied by a report stating the reasons and basis for approval of the plans with particular consideration with regard to the following:
(a)
The effect on the value of adjacent property. To this end the city planning commission may make appropriate requirements.
(b)
Consistency of the plan with the interest and purposes of this chapter to promote public health, safety, and general welfare.
(c)
Consistency of the plan with the principal that dwelling units be restricted to one-family, two-family, and/or multiple-family dwellings and the usual accessory buildings such as garages, storage space, or community activities, including churches.
(d)
Density proposed in the plan shall be no greater than that allowable in the district for which the tract is zoned.
(e)
Adequacy of areas reserved for play and recreational facilities.
604.2.
Approval of planned residential units. If the council approves the plan, building permits may be issued, although the use of the land and the location of the buildings to be erected on the land, the yards and open spaces contemplated by the plan, do not conform in all respects to the district regulations of the district in which it is located. In the event of any variation in the plan, as approved by the council, the administrative officer shall deny the permit and the applicant for such permit may revise or amend his plan and resubmit the same to the council for approval as an original plan.