§ 27-363. Permits and certificates generally.

(a)

Generally. No permit shall be issued for any building, structure, construction or use unless the same be in conformity in every respect with all provisions of this article, chapter 8 and other applicable ordinances.

(b)

Land use permit. No open, vacant or unimproved land shall be used for any purpose other than agriculture without first obtaining a land use permit from the building official or such person's duly authorized representative. Land use permits shall be required for, but not limited to, the following uses:

(1)

Parking lots not included in a building permit.

(2)

Used car, auto storage lots or salvage yards.

(3)

Machinery, equipment or material storage yards.

(4)

Skeet shoots or target ranges.

(5)

Commercial recreation areas, such as ball parks, golf courses, race tracks, fairs, and similar temporary or permanent uses.

(6)

Refuse dumps or sanitary landfills.

(7)

Picnic groves, fishing lakes.

(8)

Cemeteries.

(9)

Nurseries.

(c)

Floodplain certificate. No permit shall be issued for grading, excavation, filling, or construction within the regulatory floodplain until a floodplain certificate has been issued by the unified government engineer as set out in section 27-552.

(d)

Building permits.

(1)

Building permits where inadequate street right-of-way exists. A building permit shall not be issued for any nonagricultural building or structure on a vacant lot which abuts a street having less right-of-way than 25 feet in the case of a local street or 30 feet for a street of other classification, measured from the centerline, until the necessary right-of-way has been set aside by one of the following procedures:

a.

Where existing right-of-way has previously been dedicated by plat, not more than five feet of the required additional right-of-way may be provided by utility and sidewalk easement, the balance by deed of dedication.

b.

Where the lot has not been platted, the additional right-of-way shall be dedicated by way of a plat or deed of dedication.

Right-of-way over and above 30 feet as may be required by class A, B, or C thoroughfares need not be dedicated unless the property must be platted, but shall be reserved for future street use, all yard requirements being measured from a line 40, 50, or 60 feet from the centerline as the major street plan and division 12 of this article may indicate. Where existing local streets or major streets pass through or along a developed area where extensive development indicates that the required width cannot be achieved within a reasonable time at a reasonable cost, a lesser dedication or reservation of land may be approved. Such approval shall be by the unified government board of commissioners after recommendation by the unified government engineer.

(2)

Utility services. No permit shall be issued to any person, firm or corporation to install or furnish or assist in installing or in furnishing any water, light, gas, plumbing or other services in any dwelling or in any commercial or industrial structure which would change such dwelling or structure to a use not permitted in the applicable zoning district.

(3)

Structures to have access. Every building hereafter erected or moved shall be on a lot or tract abutting a public street, or an approved private street, and all structures shall be so located on lots or tracts as to provide safe and convenient access for servicing, fire protection and required off-street parking.

(4)

Prohibited residences. No temporary or incomplete building, nor any automotive equipment, trailer, mobile home, recreational vehicle, garage or appurtenances incident to a family dwelling shall be erected, maintained or used for residential purposes, except as specifically permitted elsewhere in this article.

(Code 1988, § 27-1027; Ord. No. 64690, § 1(27-73.1), 8-30-1984)