§ 50-773. Building permits.

(a)

Generally. No building or structure shall be erected, added to, or structurally altered until a permit therefor has been issued by the building official. Except upon a written order of the board of adjustment, no such building permit or certificate of occupancy shall be issued for any building where such construction, addition or alteration or use thereof would be in violation of any of the provisions of this article. The department of development will conduct an analysis of concurrency and certify as to the analysis of concurrency prior to issuing any permits.

(b)

Application. All persons desiring to undertake any new construction or structural alteration of a building shall apply to the building official for a building permit by filling out the appropriate application form and by submitting the required fee. The building official will then either issue or refuse the building permit or refer the application to the board of adjustment. After the building permit has been received by the applicant, he may proceed to undertake the action permitted in the building permit and, upon completion of such action, shall apply to the building official for a certificate of occupancy. If the building official finds that the action of the applicant has been taken in accordance with the building permit, he will then issue a certificate of occupancy allowing the premises to be occupied.

(c)

Building permit types. Under the terms of this article, the following classes of building permits may be issued:

(1)

A building permit for a permitted use may be issued by the building official on his own authority.

(2)

A building permit for a special exception use may be issued by the building official after review by the planning commission and upon the order of the board of county commissioners.

(3)

A building permit may be issued by the building official upon the order of the board of adjustment and after a public hearing held by the board of adjustment for the purpose of deciding upon the appeal or a request for a variance.

(d)

Necessary application information. There shall be submitted with all applications for building permits two copies of a layout or plot plan drawn to scale showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory building to be erected, and such other information as may be necessary to determine and provide for the enforcement of this article, including a certificate of zoning compliance.

(e)

Public record. One copy of such layout or plot plan shall be returned when approved by the building official together with such permit to the applicant upon the payment of a fee as indicated in this article. The second copy with a copy of each application with accompanying plan shall become a public record after a permit is issued or denied.

(f)

Water and sewage disposal. All water supply and sewage disposal installations shall conform with the state department of health regulations and all applicable county ordinances. No plot plan shall be approved by the building official in any zone unless such conformity is certified on the plan. Drainage affected adjacent properties shall be considered by the building official before issuing a building permit, including possible runoffs to adjacent properties.

(g)

Issuance of permits. It shall be the duty of the building official to issue a building permit, provided he is satisfied that the structure, building, sign parking area of premises, and the proposed use thereof, conform with all requirements of this article, and that all other reviews and actions, if any, called for in this article have been complied with and all necessary approvals secured therefore. All building permits shall be issued in duplicate and one copy shall be kept conspicuously on the premises affected and protected from the weather whenever construction work is being performed thereon. No owner, contractor, workman or other person shall perform any building operations of any kind unless a building permit covering such operation has been displayed as required by this article, nor shall they perform building operations of any kind after notification of the revocation of such building permit.

(h)

Permit fees. Fees shall be paid according to a schedule maintained in the offices of the building and zoning officials.

(i)

Denial of permits. When the building official is not satisfied that the applicant's proposed development will meet the requirements of this article, he shall refuse to issue a building permit and the applicant may appeal to the board of adjustment for a reversal of the building official's decision.

(j)

Expiration of building permit. A building permit shall expire after six months if the applicant fails to implement his application as filed with the building official. The construction permit shall become null and void after one year, but may be extended one additional year if requested by the applicant and a fee of 50 percent of the original fee is paid prior to the expiration date. Move on permits shall expire one year from date of purchase.

(k)

Revocation of permits. If it shall appear at any time to the building official that the application or accompanying plot plan is in any material respect false or misleading, or that work is being done upon the premises differing materially from that called for in the application filed with him under existing laws or ordinances, he may forthwith revoke the building permit, whereupon it shall be the duty of the person holding the building permit to surrender it and all copies thereof to the building official. After the building permit has been revoked, the building official, in his discretion, before issuing the new building permit, shall require the applicant to file an indemnity bond in the favor of the county with sufficient surety conditioned for compliance with this article and all building laws and ordinances then in force and in a sum sufficient to cover the cost of removing the building if it does not so comply.

(l)

Special exception uses. All such applications shall be accompanied by plans and such other information as maybe required in this article.

(1991 LDR ch. 79, § 9.04; Ord. No. 05-01, § 10, 5-17-2005; Ord. No. 2007-03, § 23, 7-17-2007)