No person shall erect or construct or proceed with the erection or construction of any building or structure, nor add to, enlarge, move, improve, alter, repair, convert, extend or demolish any building or structure nor begin excavation for any construction nor cause any of the foregoing in any zoning district without first applying for and obtaining a building permit from the building official as provided in the following regulations:
(1) 
No building permit shall be issued until the building official has reviewed the construction plans and has determined that the proposed construction and use of the premises conform with all applicable provisions of this chapter.
(2) 
Applications for building permits shall be made in writing on forms furnished by the building official in accordance with the provisions of the building code regulations and be accompanied by plans, drawn to scale which includes sufficient information to determine compliance with this chapter and submitted in such number as shall be determined by the building official. Such plans shall generally indicate at a minimum:
a. 
A plot plan showing the actual shape and dimensions of the lot or tract of land on which the proposed building or structure is to be erected, constructed, enlarged, extended or structurally altered with sufficient information to locate the plat on the ground.
b. 
The plot plan shall include the exact size, shape and location of all existing and proposed buildings or structures and of any enlargement, extension or structural alteration to be made thereto, and of any accessory building or structure to be used in connection therewith.
c. 
Technical construction drawings adequate to determine the construction details of the proposed building or structure.
d. 
The use currently being made of the lot, building or structure and the use proposed to be made thereto.
e. 
Curb cuts, sidewalks, free standing signs, paved parking areas, landscaping, fire lanes, marked parking stalls, and vehicle circulation provisions.
f. 
The number of families a residential building is designed to accommodate and the amount of floor area contained therein.
g. 
Such other information as may be required by the building official in order for him to administer and enforce the provisions of this chapter.
h. 
It shall be unlawful for any person to erect, construct, enlarge, extend, structurally alter or use any building or structure except in conformance with plans approved by the building official as required by this chapter.
(3) 
If the proposed construction, moving, alteration, or use of the land as set forth in the application is in conformity with the provisions of this chapter, the building official shall issue a building permit.
(4) 
Issuance of a building permit does not waive any provision of this chapter or any other city ordinance, and a permit issued in error shall be void ab initio.
(5) 
The building official is not empowered to grant any exception to the actual meaning of any clause, order or regulation contained in this chapter.
(6) 
The building official is not empowered to make changes in this chapter or vary the terms of this chapter in carrying out his duties as the enforcement officer.
(7) 
If any application for such a building permit is not approved, the building official shall state in writing one or more causes for such disapproval.
(Ordinance 1874, art. 1, § 170(A), adopted 3/22/1993)
(a) 
No vacant land, or any building, shall be occupied by any person and no building or structure hereafter erected or structurally altered, and no change in occupancy of a building, part of a building or land shall be made, other than a single-family detached dwelling, until after the building official has issued a certificate of occupancy therefor. The certificate of occupancy shall not only state the information as required under the building code, but shall also state that the occupancy authorized is in compliance with this zoning chapter. Occupancy other than that authorized in the certificate of occupancy shall be unlawful.
(b) 
Whenever any building, structure or premises is hereafter erected, constructed, enlarged, extended, reconstructed, structurally altered, moved or converted to another use, the owner of such building, structure or premises shall make application for a certificate of occupancy.
(c) 
No certificate of occupancy shall be issued by the building official unless the building official is satisfied after inspection of the building, structure or premises involved, that all applicable provisions of this chapter have been met.
(d) 
No permanent water, sewer, electrical, gas, telephone or other public utility connection shall be made to any land, building, structure, or portion thereof until and after a certificate of occupancy has been issued by the building official.
(e) 
Under such rules and regulations as may be established by the building official, a temporary certificate of occupancy for any part of a building, structure or premises may be issued.
(Ordinance 1874, art. 1, § 170(B), adopted 3/22/1993)
Nothing herein contained shall be deemed to require any change in the plans, construction, or use of a building for which a currently valid building permit has been obtained at the time of passage of this chapter.
(Ordinance 1874, art. 1, § 170(C), adopted 3/22/1993)
No use is permitted in any district unless it is specifically allowed by the regulations governing such district. Any use not named in any district is prohibited from the entire city. A use named in any district and not named in any other district is allowed only in the district where it is named. Where district regulations specifically allow permitted uses from another district, such shall allow only those uses appearing under the "permitted uses" section of such other district.
(Ordinance 1874, art. 1, § 170(E), adopted 3/22/1993)
It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the city. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted land use shall be made as follows:
(1) 
The building official shall refer the question of any new or unlisted use to the planning and zoning commission requesting an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage, and amount or nature thereof, enclosed or open storage, anticipated employment, transportation requirements, and amount of noise, odor, fumes, toxic material and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer.
(2) 
The planning and zoning commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and after public hearing determine the zoning district or districts within which such use should be permitted.
(3) 
The planning and zoning commission shall transmit its findings and recommendations to the city council as to the classification proposed for any new or unlisted use. The city council may approve the recommendation of the planning and zoning commission or make such determination concerning the classification of such uses as to determined appropriate after giving consideration to the facts and recommendations.
(Ordinance 1874, art. 1, § 170(F), adopted 3/22/1993)