§ 13.05.02. Review and issuance by department.


Latest version.
  • A.

    Zoning action on building permits. The director of planning and development shall be responsible for determining whether applications for building permits as required by the building code of the county are in accord with the requirements of this Code, and no building permit shall be issued without written certification that plans submitted conform to applicable zoning provisions of this Code. No building permit shall be issued by the director of planning and development for the erection, moving, addition to, or alteration of any building or structure except in conformity with the provisions of this Code, unless he shall receive a written order in the form of an administrative review, interpretation, special exception, or variance as provided by this Code, or unless he shall receive a written order from a court of competent jurisdiction.

    B.

    Application for building permit. All applications for building permits shall, in addition to containing the information required by the building division of the department of planning and development, be accompanied by plot and construction plans drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; the exact size and location on the lot of the building or buildings to be erected or altered; the existing use of buildings on the lot, if any; the intended use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; and such other information with regard to the lot and existing and proposed structures as may be necessary to determine compliance with and provide for the enforcement of this Code. In all residential, industrial, and commercial districts, the application shall be accompanied by a certification that all property stakes on the lot are in place, and all property stakes shall be in place at the time of application. In agricultural districts, the director of planning and development may require a similar certification where the presence of property stakes is necessary to determine compliance with any one or all of this Code. For all nonagricultural development:

    1.

    A copy of a recent survey must be provided if available. A recent survey is one completed within three years of application. Submission of such a survey may eliminate necessity of a current survey. A current survey is one which shows the location of the improvements which are the subject of the application.

    2.

    A physical site review is required for all applications to ensure lack of existing code violations and correctness of application/site submittals.

    3.

    Except as provided in subsection 4 below, where the application concerns the construction, placement, or addition to a habitable structure, a current survey will be required as follows:

    a.

    Where the survey is for a conventional structure, a foundation survey (stemwall, or formboard) will be required prior to slab pour. Floor elevations must be shown on the survey.

    b.

    In the case of placement or relocation of a manufactured home, mobile home or trailer not placed on a permanent foundation, a final survey which ties the unit to the property lines will be required prior to issuance of the certificate of occupancy.

    4.

    Where the construction is minor, involves no addition of habitable space, does not encroach upon required yards, does not encroach upon required setbacks and does not exceed the maximum allowable impervious surface coverage of the site, the requirement of a survey may be waived by written consent of the director of planning and development provided there are no current county code violations involving the property.

    C.

    Expiration of building permit. If the work described in any building permit has not begun within 90 days from the date of issuance thereof, said permit shall expire. It shall be canceled by the director of planning and development, and written notice thereof shall be given to the persons affected.

    If the work described in any building permit has not been substantially completed within one year of the date of issuance thereof, said permit shall expire and be canceled by the director of planning and development, and written notice thereof shall be given to the persons affected, together with written notice that further work as described in the canceled written permit shall not proceed unless and until a new building permit has been obtained. If the work, structure or building described in any building permit has been abandoned for more than one year without a valid building permit, the work shall be subject to an order of the director of planning and development that the incomplete work, structure or building be removed. Such order may be appealed in the manner described in section 13.06.01 of this Code.

    D.

    Construction and use to be as provided in applications. Development permits or certificates of occupancy issued on the basis of plans and specifications approved as provided in this Code authorize only the use, arrangement, and construction set forth in such approved plans, applications, and development orders and no other use, arrangement, or construction. Use, arrangement, or construction different from that authorized shall be deemed a violation of this Code.

    Statements made by the applicant on the permit and development applications/plans shall be deemed official statements. Approval of application by the administrative official shall in no way exempt the applicant from strict observance of applicable provisions of this Code and all other applicable regulations, ordinances, codes, and laws.

    E.

    Development permit issued in error. A development permit issued in error shall not confer any rights or privileges to the applicant to proceed to construction, but the county shall have the power to revoke such permit if actual construction has not commenced.