§ 86-58. Zoning permits.  


Latest version.
  • (a)

    No vacant land shall be occupied or used, and no building shall be erected, structurally altered, relocated, used or occupied until a zoning permit has been issued certifying that any such building, use or occupancy complies with the provisions of this chapter. Such permit shall be obtained before any change is made in the type of use or before any legal nonconforming use is resumed, changed, extended or granted conditional use status. A zoning permit is required in the following situations:

    (1)

    Before any building or other structure which is the principal permitted use is erected, moved or structurally altered to change its use or increase its floor area.

    (2)

    Before any land use is substantially altered.

    (3)

    Before any building or structure is erected or substantially altered which would be a conditional use or require a variance regardless of whether principal or accessory use.

    (4)

    Before building an accessory structure, even though not intended for human occupancy.

    (b)

    The permit application shall be made to the administrator on forms provided by the city. Applications shall be submitted in duplicate, except that when site plan approval is required, they shall be submitted in quadruplicate. The application shall include the following information:

    (1)

    Names and addresses of the applicant, owner of the site, architect, professional engineer or contractor.

    (2)

    Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

    (3)

    Plat of survey prepared by a registered land surveyor showing the location, boundaries, dimensions, elevations, uses and size of the following: subject site; existing and proposed structures; existing and proposed easements, streets and other public ways; offstreet parking, loading areas and driveways; existing highway access restrictions; existing and proposed street, side and rear yards. In addition, the plat of survey shall show the location, elevation and use of any abutting lands and their structures within 40 feet of the subject site.

    (4)

    Additional information as may be required by the administrator, plan commission, common council designee, and building, plumbing or electrical inspectors, including all information required for site plan approval.

    Application for such permit shall be made to the administrator prior to or at the same time as the application for a building permit or prior to the commencement of any use not involving a building permit. Such application shall state that the building or proposed use of a building or land complies with all the building and health laws and with the provisions of this chapter, a statement by the applicant as to the intended use of the premises and buildings thereon. Within ten days after the notification of the completion of the erection, alteration or relocation of the building or of intent to commence a use, the administrator shall make an inspection of the premises and any building thereof and the intended use thereof, and if the proposed use of the premises complies with the requirements of this chapter, a zoning permit shall be issued. For the purpose of defraying the costs of inspection and administrative processing, such application shall be accompanied by such fee as established by the common council.

    (c)

    If, within 12 months of the date of application, no zoning permit has been issued, any building permit related thereto shall lapse and the administrator shall make immediate investigation to ascertain that no use or occupancy has, in fact, commenced without proper authority. Upon showing valid cause, the administrator may grant an extension of such permit for a period not to exceed six months.

    (d)

    Pending the issuance of a regular permit, a temporary permit may be issued for a period not exceeding six months during the completion of alterations or during partial occupancy of a building pending its permanent occupation. Such temporary permit shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants. A temporary permit shall be voided if the building fails to conform to the provisions of this chapter to such a degree as to render it unsafe for the occupancy proposed.

    (e)

    Commercial/industrial projects which require a design professional (engineer/architect) require a signed compliance statement from the design professional that the project has been constructed in compliance with the plans and specifications and the state building code prior to use. Commercial projects which do not require a design professional are considered minor projects. The city will not issue occupancy permits for any project other than those inspected under the uniform dwelling code.

(Code 1994, § 13-1-243; Ord. of 1-6-2009)