1.   Permit Required. It is unlawful to commence or proceed with the erection, construction, alteration, enlargement, extension, reconstruction, or moving of any building, structure, or any portion thereof, including the excavation of a basement for a structure, without first having applied in writing to the Zoning Administrator for a zoning permit and until a zoning permit has been issued for such purpose. A zoning permit is not required for any minor construction or alteration having a cost or value of less than $500.00 or for the remodeling of any structure not involving enlargement or structural alteration.

   2.   Applications. An application for zoning permit shall be made to the Zoning Administrator on forms provided by the City and shall be accompanied by a detailed set of plans, in duplicate, showing the size of the proposed building or structure, its location on the lot, the materials of which it is to be constructed, the details and type of construction to be used, and utility servicing. If any portion of the lot is subject to a public street or highway right-of-way, the portion of the lot subject to such right-of-way shall be identified. Any known public or private water or sewer mains or service lines located on the lot shall also be shown. The application shall also set forth the legal description and address of the lot and describe the use to be made of the structure. Upon issuance of a permit, one set of said plans shall be retained by the Zoning Administrator as a permanent record and one set shall be returned to the applicant. The Zoning Administrator may, in his or her own discretion, permit the substitution of a detailed written statement covering the essential information required in place of a plan; provided, however, that the applicant shall in all cases furnish duplicate copies of a sketch of the lot showing the lot lines, any street or highway right-of-way lines and the location of the proposed structure in relationship to such lines. The Zoning Administrator shall also have discretion, in cases of uncertainty, to require the boundaries of a lot to be surveyed and marked by a licensed land surveyor as a condition for the issuance of a zoning permit if necessary to determine compliance with this chapter.

   3.   Applicants. The applicant for a zoning permit for a structure shall in all cases be the owner of the lot unless the structure to be built or located on the lot will be owned by someone other than the owner of the lot, in which case the owner of the structure shall be the applicant.

   4.   Other Permits. If a particular structure or use would be lawful under this chapter only as a conditional use or a special exception use, no zoning permit shall be issued by the Zoning Administrator until the necessary conditional use or special exception use approval has been granted as provided in this chapter and a conditional use permit or a special exception use permit issued.

   5.   Forms. Blank forms shall be provided by the Zoning Administrator for the use of those applying for permits as provided by this chapter. Any permits issued by the Zoning Administrator shall be on standard forms for such purpose and shall be furnished by the City.

   6.   Inspection. The lot and the location of the proposed structure thereon shall be staked out on the ground by the applicant or their agent and inspected by the Zoning Administrator before a zoning permit is issued.

   7.   Time; Rejections. Except as may be otherwise provided in this chapter, the Zoning Administrator shall issue a zoning permit or deny a zoning permit application within 10 days after receipt of an application, provided that the required information is contained in the application and the other conditions set forth in this section have been satisfied by the applicant. The Zoning Administrator shall deny any application which is not filed in conformity with this section, or which proposes a structure or use which would be contrary to the regulations applicable to the zoning district in which the lot is located. Any denial of a zoning permit application shall be given in writing with the reasons for such denial stated thereon. Any denial notice shall also inform the applicant of the right of appeal to the Board of Adjustment.

   8.   Issuance. A zoning permit shall be issued by the Zoning Administrator when the application and the investigation thereof indicates compliance by the applicant with all of the provisions of this chapter and all other applicable laws of the City and State.

   9.   Expiration. Each zoning permit shall expire one year after its date of issuance and no person shall commence or proceed with the construction or other act for which the zoning permit was issued after the expiration date. Application may be made for a new zoning permit upon expiration of the original permit. However, if construction of a structure is started and not substantially completed and is then abandoned for a period of two years or more, the property shall be returned to its condition prior to the commencement of construction.

   10.   Records. A careful record of all permit applications, plans, and permits issued shall be maintained by the Zoning Administrator.

   11.   Basement Dwellings. A zoning permit for a basement dwelling may be issued with the provision that the main structure of the dwelling be completed within a period of 24 months from the issuance of the permit.

   12.   Fees and Bond.

 

 

      B.   In addition to the zoning permit fee, every application for a zoning permit involving improvements which will require excavation upon public land, including streets, alleys, or sidewalks, shall be accompanied by a cash bond as provided in Section 135.09(4) of this Code of Ordinances.

      C.   If a zoning permit application is denied, the permit fee and the bond referred to above shall be returned to the applicant by the Zoning Administrator at the time the applicant is notified of the denial of the application.

      D.   No permit fees shall be required from any local, State, or federal governmental agency. In the case of new construction by nonprofit entities, the Council shall have the right to waive or reduce the permit fees.

   13.   Proposed Use Changes. If the owner or occupant of a lot desires to commence a new or different use on the lot or of any structure on the lot, an application may be made to the Zoning Administrator for a zoning permit which specifically authorizes the proposed new or different use. In such cases the application need not include any structural plans or sketches but shall include the legal description and address of the lot, and a description of the proposed new or different use. The application shall be made by the owner or prospective owner of the new or different use. No fee shall be required for this type of zoning permit. The procedure described in this subsection is not mandatory but is made available to help eliminate uncertainty and disputes in situations where use changes are contemplated but a zoning permit is not required under Subsection 1 of this section because no new or altered structures are proposed.

   14.   Certificate of Compliance.

      A.   No structure, lot or other premises shall be occupied or used for which a zoning permit, conditional use permit or special exception use permit has been issued after one year from the date of issuance of the permit unless a Certificate of Compliance shall have been issued by the Zoning Administrator. Such certificate shall show that the structure or premises or part thereof and the use thereof are in compliance with the relevant provisions of this chapter and in compliance with all permits issued therefor. Such certificate shall be deemed applied for when application is made for any permit. Under such rules and regulations as may be established by the Council by resolution, the Zoning Administrator may issue a temporary Certificate of Compliance valid for up to one additional year within which time the applicant or owner shall cause the structure or part thereof or use thereof to come into complete compliance with the requirements of this chapter and of the permit.

      B.   Upon written request from the owner or tenant, the Zoning Administrator shall also issue a Certificate of Compliance for any existing structure, premises or use certifying, after inspection, the extent and kind of use made of the structure or premises and whether or not such structure or use conforms to the provisions of this chapter, including provisions relating to nonconforming structures and uses existing on the effective date of this chapter.

      C.   No additional fee shall be required for the issuance of a Certificate of Compliance required under the provisions of Paragraph A of this subsection. A fee of $25.00 shall be required for Certificates of Compliance issued under Paragraph B of this subsection.

   15.   Permit Moratoriums. Notwithstanding any other provision of this chapter, whenever there is pending before the Council or the Planning and Zoning Commission a proposal to amend this zoning ordinance or the official zoning map, the Council may, by resolution, declare a moratorium on the issuance of zoning permits authorizing structures or uses that may be prohibited or otherwise affected if the pending amendment proposal is ultimately enacted. Any such moratorium resolution shall, to the extent reasonably possible, specify the types of structures, uses and/or districts subject to the moratorium. A moratorium resolution shall be effective for the period stated in the resolution, but not more than 90 days, and shall not be extended or renewed. During any moratorium period the Zoning Administrator shall not issue any zoning permits in violation of the moratorium resolution.