(a)
No building or other structure shall be constructed, enlarged, altered, moved, demolished or change occupancy without a permit issued by the Building Official. No building permit shall be issued except in conformity with the provisions of this code.
(b)
All applications for building permits shall be accompanied by plans, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations of existing buildings on the lot, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the Building Official, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of units, or rental units, the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this code. The plans shall be returned to the applicant by the Building Official after marking such copy approved or disapproved and attesting to same by having signed such copy. The plans shall be retained by the Building Official for 180 days.
(c)
If work described in any building permit has not begun within 180 days from the date of issuance thereof, said permit shall expire. It may be cancelled by the Building Official, and written notice shall be given to the applicant.
(d)
The applicant may request in writing an extension of the building permit from the Building Official. The Building Official may approve one or more 180-day extensions if justifiable cause is demonstrated pursuant to IBC Chapter 1, Section 105.
(e)
In place of the Board of Appeals per the IBC, appeals of orders, decisions or determinations made by the Building Official have an administrative appeal to the Hearing Examiner as set forth in the following procedures:
(1)
Appellant. The project applicant may appeal the decision.
(2)
Form of Appeal. The applicant appealing a building permit decision must submit a completed appeal form which sets forth:
(3)
Time to Appeal. The written appeal and the appeal fee, if any, must be received by the Department of Planning and Community Development no later than 4:00 p.m. on the fourteenth day following the date of the notice of decision.
(4)
Notice of Appeal. If a building permit decision is appealed, a hearing before the Hearing Examiner shall be set and notice of the hearing shall be mailed or emailed to the appellant/applicant by the Building Official. Notice shall be mailed or emailed no less than 10 days prior to the appeal hearing.
(i)
Public Hearing. The Hearing Examiner shall conduct an open record hearing on a building permit decision appeal. The appellant/applicant and the City shall be designated parties to the appeal. Each party may participate in the appeal hearing by presenting testimony or calling witnesses to present testimony.
(ii)
Decision on Appeal.
a.
Within 14 days after the close of the record for the appeal of orders, decisions or determinations made by the Building Official, the Hearing Examiner shall issue a written decision to grant, grant with modifications, or deny the appeal. The Hearing Examiner may grant the appeal or grant the appeal with modification if:
b.
The Hearing Examiner shall accord substantial weight to the decision of the Building Official.
(5)
Time Period to Complete Appeal Process. In all cases, except where the parties to an appeal have agreed to an extended time period, the administrative appeal process generally shall be completed within 90 days from the date the original administrative appeal period closed. The administrative appeal process shall be deemed complete on the date of issuance of the Hearing Examiner's decision.
(Ord. 746, Sec. 8, 2007; Ord. 778, Sec. 2, 2008; Ord. 833, Sec. 2 (Exh. A), 2010; Ord. 897, Sec. 2 (Exh. A), 2013; Ord. 903, Sec. 50, 2013; Ord. 972, Sec. 2 (Exh. A), 2017; Ord. 1109 Sec. 2 (Exh. 1), 2021; Ord. 1160, Sec. 2 (Exh. 1), 2024)