Chapter 18.110
BUILDING PERMITS Revised 8/24

Sections:

18.110.010    Building permits required.

18.110.020    Building permit application procedure.

18.110.030    Floodplain development permit. Revised 8/24

18.110.040    Floodproofing measures. Revised 8/24

18.110.050    Iowa Department of Natural Resources – Required developmental approval. Revised 8/24

18.110.010 Building permits required.

Building permits shall be required in accordance with the following, except that no permit shall be required for agricultural or utility uses in accordance with Chapter 18.115 BHCC:

A. No land shall be occupied or used, and no building hereafter erected or structurally altered shall be occupied or used in whole or in part for any purpose whatsoever, until a building permit is issued by the County Building Inspector, stating that the building and use comply with the provisions of this chapter.

B. No change of use shall be made in any building or part thereof, now or hereafter erected or structurally altered, unless such changes are in conformity with the provisions of this chapter and a permit is issued therefor by the County Building Inspector.

C. Nothing in this section shall prevent the continuance of a nonconforming use as hereinbefore authorized, unless a discontinuance is necessary for the safety of life or property.

D. In accordance with this section, building permits shall be obtained from the County Building Inspector before starting or proceeding with the erection, construction, moving in, or the structural alteration of a building or structure. Building permits shall be issued to complying applicants within seven days after application is made and appropriate records and copies of permits shall be maintained as a matter of public record.

E. A building permit shall become null and void six months after the date on which it is issued unless within such six-month period construction, building, moving, remodeling or reconstruction of a structure is commenced or a use is commenced. [Ord. 36 § 26(A), 1995. Code 2009 App. A, § 26(A).]

18.110.020 Building permit application procedure.

Applicants for a building permit shall be required to provide the following:

A. A plat, in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon or used, the size, shape and location of the building to be erected, the dimensions of the required yards, parking and open spaces, and a vicinity map of the lot to be built upon or used.

B. Such information as may be necessary to provide for the enforcement of this chapter. [Ord. 36 § 26(B), 1995. Code 2009 App. A, § 26(B).]

18.110.030 Floodplain development permit. Revised 8/24

A floodplain development permit issued by the Zoning Administrator or designee shall be secured prior to initiation of any floodplain development (any manmade change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, filling, grading, paving, storage of materials or equipment, excavation or drilling operations), including the placement of factory-built homes.

A. Application for a floodplain development permit shall be made on forms supplied by the Zoning Administrator or designee and shall include the following information:

1. Description of the work to be covered by the permit for which application is to be made.

2. Description of the land on which the proposed work is to be done (i.e., lot, block, tract, street address or similar description) that will readily identify and locate the work to be done.

3. Indication of the use or occupancy for which the proposed work is intended. Location and dimensions of all structures and additions.

4. Elevation of the 100-year flood.

5. Elevation (in relation to North American Vertical Datum 1988) of the lowest floor (including basement) of structures or of the level to which a structure is to be floodproofed.

6. For structures being improved or rebuilt, the estimated cost of improvements and market value of the structures prior to the improvements.

7. Such other information as the Zoning Administrator or designee deems reasonably necessary for the purpose of this title.

B. Floodplain development permits issued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in such approved plans and applications and no other use, arrangement or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this title and shall be punishable as provided within this title. The applicant shall be required to submit certification by a professional engineer or land surveyor, as appropriate, registered in the State of Iowa, that the finished fill, building floor elevations, floodproofing, or other flood protection measures were accomplished in compliance with the provisions of this title prior to the use or occupancy of any structure.

C. All uses or structures in the floodway, floodway fringe, general floodplain, and shallow flooding districts requiring special permits shall be allowed only upon application to the Zoning Administrator or designee, with issuance of the special permit by the Board of Adjustment. Petitioners shall include information ordinarily submitted with applications as well as any additional information deemed necessary by the Board of Adjustment. Where required, approval of the Iowa Department of Natural Resources shall precede issuance of the special permit by the Board of Adjustment. [Ord. 147, 2024; Ord. 36 § 26(C), 1995.]

18.110.040 Floodproofing measures. Revised 8/24

Floodproofing measures shall be designed consistent with the flood protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood. The Board of Adjustment shall require that the applicant submit a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. Such floodproofing measures may include, but are not necessarily limited to the following:

A. Anchorage to resist flotation and lateral movement.

B. Installation of watertight doors, bulkheads, and shutters, or similar methods of construction.

C. Reinforcement of walls to resist water pressures.

D. Uses of paints, membranes, or mortars to reduce seepage of water through walls.

E. Addition of mass or weight structures to resist flotation.

F. Installation of pumps to lower water levels in structures.

G. Construction of water supply and waste treatment systems so as to prevent the entrance of floodwaters.

H. Pumping facilities or comparable practices for subsurface drainage systems for building to relieve external foundation wall and basement flood pressures.

I. Construction to resist rupture or collapse caused by water pressure or floating debris.

J. Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage and storm waters into the buildings or structures.

K. Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure they are not subject to flooding. [Ord. 147, 2024; Ord. 36 § 26(D), 1995.]

18.110.050 Iowa Department of Natural Resources – Required developmental approval. Revised 8/24

In addition to the variance and special permit (conditional uses), approval by the Department of Natural Resources is required for, but not limited to, the following types of projects:

A. Bridges, culverts, temporary stream crossings, road embankments in or on floodway of any river or stream draining more than two square miles.

B. Construction, operation and maintenance of channel alterations on any river or stream draining more than two square miles.

C. Construction, operation and maintenance of dams and impounding structures in the following instances:

1. Any dam designed to provide permanent storage in excess of 18 acre-feet.

2. Any dam which has a height of 10 feet or more and is designed to temporarily store more than five acre-feet at the top of dam elevation, or impounds a stream draining two or more square miles.

D. Construction, operation and maintenance of any levee or dike along any stream or river draining more than two square miles.

E. Waste or water treatment facilities on the flood plains of any river or stream draining more than two square miles.

F. Construction, operation and maintenance of any sanitary landfill located on a floodplain or floodway of any river or stream draining more than two square miles at the landfill site.

G. Construction, operation and maintenance of any pipeline crossings on any river or stream draining more than two square miles.

H. Stream bank protective devices as follows:

1. Stream bank protective devices along any river or stream draining more than 100 square miles.

2. Stream bank protective devices along any river or stream draining between two and 100 square miles where the cross sectional area of the river or stream channel is reduced more than three percent.

I. Excavation on the floodway of any stream draining more than two square miles.

J. Boat docks located on any river or stream (other than a lake) other than exempted nonfloating boat docks permitted by the Iowa Conservation Commission. [Ord. 147, 2024; Ord. 36 § 26(E), 1995.]