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Purpose: this section establishes the procedure for approving the construction of buildings or structures.

A. Applicability

1. A property owner must obtain a building permit before commencing construction or expansion of any building or structure.

2. A final plat shall be recorded with the Register of Deeds of Johnson County or approved by the Governing Body prior to the issuance of a building permit for any new principal structures. However, platting and excise taxes are not required for:

a. Owners of existing non-residential structures on unplatted and annexed property, who apply for a one-time building permit for accessory buildings or additions that:

(i) do not exceed 1,200 square feet, and

(ii) do not otherwise increase the intensity of use on the property; and (Ord. 09-23 § 2, 2009)

b. Owners of existing single-family residential homes on unplatted and annexed property and who apply for a one-time building permit for a single-family residential building addition of unlimited square footage, or an accessory structure. (Ord. 09-23 § 2, 2009)

3. Property owners exempt from platting and excise taxes (subsection 2a and 2b, above) shall dedicate and record all required right-of-way by separate instrument as shown on the City’s Street Network Plan to the City.

4. Property owners exempt from platting and excise taxes (subsection 2a and 2b, above) shall obtain a building permit before constructing or expanding any building or structure when required by this ordinance or Title 15 of the Municipal Code for any construction beyond that exempt by subsection 2, or after issuance of the initial building permit. (Ord. 09-23 § 2, 2009; Ord. 02-54 § 2, 2002)

B. Initiation

Applications for building permits are submitted to the building official.

C. Completeness Review

See § 18.40.040 Completeness Review.

D. Decision

1. The building official shall take action on permit applications no later than thirty (30) days after the date a complete application is filed.

2. The applicant may appeal the refusal to issue a building permit based on non-compliance with this title to the Board of Zoning Appeals (see Section 18.40.220). (Ord. 02-54 § 2, 2002)

E. Approval Criteria

The building official shall approve the building permit application if it complies with:

1. all applicable requirements of this title; and

2. all applicable requirements of the Municipal Code, including the Building Code and Fire Code; and

3. any conditions of any currently applicable and unexpired rezoning, special use permit, site development plan, variance, or appeal that apply to the property. If any of these prior approvals have expired, the applicant must obtain a new approval before applying for a building permit application.

F. Subsequent Applications

There is no limit on reapplying for a building permit after it is denied.

G. Scope of Approval

A building permit authorizes construction or expansion of a building or structure as shown in the approved permit. A building permit does not authorize the occupancy of a building or structure (see Section 18.40.210, below).

H. Recordkeeping

The building official will maintain a record of approved building permits. The applicant must maintain a copy of the approved building permit, including any attachments.