2005-165 Ordinance - Laserfiche WebLink

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(1) Proposed slight modifications in approved applications for building permits, which are requested following final approval of an application under this chapter; and (2) Proposed slight alterations to existing buildings, parking areas or other improvements whose construction is governed by this chapter. A modification or alteration shall be considered "slight" if it does not significantly concern or affect the review of the original proposal and the determinations made by the Planning Commission under Section 1126.07, and if it in all respects complies with the zoning, building and all other applicable codes of the City. (b) Procedure. Application for building permits for proposed minor changes in existing development or in approved plans shall be reviewed by the Building Official and either approved or rejected by the Building Official without referral to Planning Commission or action by Council; provided, however, that prior to approving or rejecting any proposal for a minor change, the Building Official shall give written notice to the Chairman of the Planning Commission, the Chairman of the Architectural Review Board, and the Chairman of the BZD Committee of Council. If any of these Chairmen, within seven days of receipt of notice from the Building Official, advises the Building Official that the proposal should not be summarily acted upon by the Building Official, then the Building Official shall refer the proposal to Planning Commission in accordance with the procedure set forth in Sections 1126.02 through 1126.07. 1126.10 EXPIRATION OF APPROVAL. After any development plan or application for a building permit has been finally approved by Council, or approved with respect to a "minor change" as provided for in Section 1126.08, the applicant shall take all necessary steps and meet all legal requirements in order to timely obtain a building permit from the Building Official. In the event that the applicant fails to obtain a permit within one year of final approval as set forth above, the approval shall expire. With respect to any final approval granted before the effective date of this provision of the Zoning Code, the applicant's approval shall expire on the one year anniversary date of enactment of this provision. 1126.11 DEVIATIONS FROM APPROVED PLANS PROHIBITED. (a) Any owner who, after receiving Council approval of building or site plans, or receiving a building permit pursuant to the provisions of this chapter, or obtaining an authorized deviation from an approved building or site plan, and who develops the subject property and/or constructs buildings and other land improvements on the property, but fails to do so in strict compliance with the plans as approved or authorized, shall be subject to all of the actions by the City authorized by Chapter 1121 and to the criminal penalties provided for in Section 1121.99(b). (b) It shall be a defense to any such action brought by the City, whether criminal or civil in nature, that the Building Official expressly authorized a minor deviation from an owner's approved plans as a result of a field inspection of the property conducted by the Building Official. (c) For purposes of subsection (a) hereof, "plans approved" means the finally approved building, sign and site development plans for the property, the landscaping and lighting plans for the property, and all statements concerning the use and/or development of the property appearing