Trafalgar City Zoning Code
PERMIT PROCEDURES
§ 152.020 GENERAL INTENT.
Within the territorial jurisdiction of the Plan Commission (which jurisdiction area includes the town and the contiguous unincorporated territory shown on a map filed by the Town Plan Commission with the County Recorder), no structure, improvement or use of land may be altered, changed, placed, erected or located on platted or unplatted lands, unless the structure, improvement or use and its location conform with this chapter and an improvement location permit for such structure, improvement or use has been issued.
(A) Improvement location permits. Any application, issuance or nullification of an improvement location permit shall conform to the following rules, regulations and guidelines.
(1) All applications for an improvement location permit shall be submitted to the Building Commissioner on the prescribed application form of the Commission and accompanied by a plot or site plan, in triplicate, drawn to scale showing the following:
The actual description, dimensions and shape of the lot to be built upon; the exact size and locations on the lot of buildings already existing, if any; the size height and location of landscaping, screens, walls, fences and other such buffering when required by ordinance or this code or grant from the Board of Zoning Appeals; and the location and dimensions of all adjoining or interior streets, alleys and easements, driveway entrances and exits, access driveways and easements, signs, parking and the proposed building or alteration.
(2) Such application shall include such other information as may be required by the Building Commissioner, including existing or proposed building or alteration; existing or proposed building or land; the number of families, dwelling units or other units of measure the building is designed to accommodate; conditions existing on the lot; and such other information as may be necessary to determine conformance with and provide for the enforcement of this chapter.
(3) The Building Commissioner may require the relocation of any proposed building or structure or driveways, parking areas or other elements of site development indicated or omitted on such site plan before issuing an improvement location permit when such action is necessary to carry out the purpose and intent of this chapter.
(4) One copy of the plans shall be returned to the applicant by the Building Commissioner within five days from the date the application is filed, after he or she has certified such copy either as approved or disapproved and attested to the same by his or her signature on such copy. The original plan, similarly marked, shall be retained by the Building Commissioner in the Commission’s records. The second copy will be submitted to the Utility Supervisor(s) for approval. If an application for improvement location permit is disapproved, the administrative official shall state such disapproval in writing, with the cause thereof, and shall immediately thereupon mail notice of such refusal to the applicant at the address indicated on the application.
(5) No building permit shall be issued unless and until an improvement location permit shall first have been approved. The issuance of an improvement location permit shall in no case be construed as waiving any section of this chapter nor of the necessity to obtain any other permits such as building permits and access permits required by law.
(6) If the work described in any improvement location permit has not begun within six months from the date of issuance thereof, such permit shall expire, shall be canceled by the administrative official and written notice thereof shall be given to the persons affected. If the work described in any improvement location permit has not been substantially completed within two years of the date of issuance thereof, such permit shall expire and be canceled by the Building Commissioner and written notice thereof shall be given to the persons affected, together with notice that further work described in the canceled permit shall not proceed unless and until a new improvement location permit has been obtained.
(7) The improvement location permit shall be publicly displayed upon the premises involved from the time of its issuance until all alterations or improvements authorized have been completed.
(8) No improvement location permit shall be issued for excavating for, or the erection, reconstruction or structural alteration of, any building before application has been made for a certificate of occupancy.
(B) Certificate of occupancy.
(1) No land shall be occupied or used, and no building, hereafter erected, reconstructed or structurally altered, shall be occupied or used in whole or in part for any purpose whatsoever, until a certificate of occupancy shall have been issued by the Building Commissioner stating that the building and use comply with all of the provisions of this chapter applicable to the building or premises or the use in the district in which it is to be located.
(2) A certificate of occupancy shall be applied for simultaneously with the application for an improvement location permit. A request for the issuance of the certificate of occupancy shall be made within five days after the authorized improvements have been completed and the certificate shall be issued within ten days following receipt of the request.
(3) A record of all certificates of occupancy shall be kept on file in the office of the Building Commissioner and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building or land affected.
(C) Building permits. Effective May 11, 1985, the General Administrative Rules (GAR) were adopted by the Fire and Building Safety Commission.
(1) All building permits shall be issued by the Building Commissioner pursuant to the rules and regulations of the Fire Protection and Building Safety Commission of this state and all statutes of the state applicable thereto.
(2) No building (or structure) shall be hereafter erected, reconstructed or structurally altered, in whole or in part, until a building permit has been duly issued, as authorized by the provisions of this chapter and further pursuant to the statutory law of this state.
(D) Special exception permits. Special exception permits shall be issued subject to the same procedure as applies to the issuance of permits in the case of a variance.
(Ord., § 1-9, passed - -1991)
§ 152.021 VARIANCE PROCEDURES.
Any person seeking a modification of the specific requirements of this chapter may apply for a variance by filing a written application to the Building Commissioner.
(A) (1) Use of land variance. Upon receipt of an application for a variance for the use of land (as an example, where the applicant seeks to use land in a R-1 District for uses only authorized in a R-2, or even a C-1 District), the Building Commissioner shall first refer the application to the Plan Commission, who shall investigate as to how the proposed use affects the Master Plan, and if such proposed use is contradictory thereto. In the event that the Commission finds that the proposed variance contradicts the Master Plan, the Commission may, at its option, still recommend the approval thereof to the Board of Zoning Appeals, if the Commission finds such proposed use is not contrary to the spirit and intent of this chapter and does not interfere with future planning on the part of the Commission.
(2) Technical requirement variance. If the application for variance is concerned only with a variance from the technical requirements of the chapter (as an example, a petition to reduce a setback line or to increase the height of a fence and the like), then such variance shall be referred by the Building Commissioner directly to the Board of Zoning Appeals for a public hearing thereon by the said Board, without the same being referred to the Plan Commission.
(B) The applicant for variance may appear before the Commission in support of its issuance, but such appearance will not be mandatory nor will this appearance be considered a public hearing thereon.
(C) The Commission shall report the results of its study to the Board within 45 days following receipt of the application. If no such report has been filed with the Board within this time period, the Board may proceed to process the application.
(D) The Board shall then conduct a public hearing on the application in the manner prescribed by this chapter and the laws of this state.
(E) The Board may authorize, upon appeal, in specific cases, such variances from the terms of this chapter as will not:
(1) Be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done;
(2) Provided, however, that the Board shall not be required to specially find, in writing, the facts as stated in division (E)(1) above, but instead that the legal presumption shall be that the criteria were met at the public hearing if the Board, in fact, grants such a variance.
(Ord., § 1-10, passed - -1991)