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City of Frontenac, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 2006-1501 §4, 5-16-2006]
A. 
General Requirements. No change shall be made in the use or occupancy of any land or any building in whole or in part for any purpose whatsoever other than a change in occupancy of any single-family dwelling and no new, reconstructed or altered building shall be used or occupied in whole or in part for any purpose whatsoever, until the person or entity proposing to become the user or occupant shall have applied for and shall first have been issued a certificate of occupancy by the Building Commissioner with respect to each such use or occupancy.
B. 
Records. Record of all certificates of occupancy shall be kept on file in the office of the Building Commissioner and Zoning Administrator and copies shall be furnished on request to any person or entity having an ownership or tenancy interest in the land or building affected by such certificate of occupancy.
[Ord. No. 2006-1501 §4, 5-16-2006]
A. 
Application. Application for a certificate of occupancy shall be filed by the owner of the property if such user and occupant shall be the owner or person(s) or entity(ies) authorized by the owner by written contract or notarized affidavit if the person or entity proposing to become such user and occupant shall be other than the owner. Each such application shall reasonably demonstrate the identity and address of the proposed user and occupant, the nature of the requested use and occupation, the products or services to be offered from the premises, the size of the premises and compliance with all applicable restrictions and guidelines of the City.
B. 
Review Of Proposed Use. Prior to and as a condition of issuing any requested certificate of occupancy, the Zoning Administrator shall consider the nature, character and scale of the proposed use and, for uses other than single-family dwellings, hours of operation, traffic generation, available on-site parking, lighting, noise, odor, smoke and similar matters and advise the Building Commissioner whether the proposed use:
1. 
Is permitted under the City's land use ordinances;
2. 
Is not reasonably likely to have a negative impact on public health, safety and welfare;
3. 
Is not reasonably likely to have a negative impact on nearby properties or other occupants within the same complex or subdivision, as the case may be; and
4. 
Will be compatible with the use of, and will not be detrimental to the value of, such properties, complex or subdivision, as the case may be. The Zoning Administrator may request any additional information deemed necessary for determination of the use and fitness of the premises for occupancy.
C. 
Inspection Of Buildings And Premises. The certificate of occupancy shall not be issued until the premises have been inspected and the Building Commissioner has determined that:
1. 
All construction contemplated by any building permit issued with respect to the premises or otherwise reasonably necessary for the safe and secure use and occupancy of the premises has been completed;
2. 
The premises are ready for occupancy;
3. 
The proposed use and any buildings and improvements associated with the proposed occupancy comply in all respects with the provisions of this Chapter and all applicable building, health, safety and other codes, including other provisions of the Code of Ordinances of the City of Frontenac; and
4. 
The Zoning Administrator has determined that the proposed use complies with the criteria listed in Subsection (B) of this Section.
D. 
Issuance. Upon verification of the application content and subject to compliance with all applicable requirements, the Building Commissioner shall, within fifteen (15) business days of such verification, issue a certificate of occupancy.
E. 
Denial Of Application. If a certificate is refused, the Building Commissioner shall, at the further written request of the applicant, provide the applicant a written report stating for what reason(s) the change in use or occupancy does not meet the stated criteria within ten (10) business days of such written request. The applicant may appeal any such denial by the Building Commissioner to the Board of Adjustment in accordance with Chapter 405, Article VII of the Code of Ordinances of the City of Frontenac.
[Ord. No. 2006-1501 §4, 5-16-2006]
A. 
Upon the request of any applicant under Subsection (A) of Section 507.020, a temporary certificate of occupancy may be issued to the extent all requirements for the issuance of a certificate of occupancy under Section 507.020 have been met except for insubstantial "punchlist" construction items which are of a temporary nature, which are not structural, which do not involve installations of stormwater facilities or utilities and which do not affect the safety or security of, access to or use of the premises. The Building Commissioner shall determine whether the request meets the standards for a temporary certificate of occupancy and, if so, then the Building Commissioner may issue such a temporary certificate of occupancy for a building or part thereof before the entire work covered by the building permit shall have been completed, effective only for a period of four (4) months from the date of issuance (or such shorter period as the Building Commissioner may determine and specify at the time of issuance), provided that:
1. 
The applicant requesting the certificate of occupancy shall provide a cash surety bond in the form of cash, cashier's check or certified check in the amount equal to one hundred fifty percent (150%) of the cost of completion of the remaining exterior construction work and site restoration work as per the approved plans and specifications filed with the Building Commissioner.
2. 
The Building Commissioner shall establish a date by which the incomplete work is to be completed. Exterior and interior building construction work is to be completed in any event within thirty (30) days. Site restoration work is to be completed in any event within four (4) months. If the applicant fails to fully complete any portion of the work and comply with all applicable requirements by the applicable date(s), the temporary occupancy permit shall be revoked, the occupancy of the premises shall cease and an order shall be issued for vacation of the premises. In such event, the cash bond shall be forfeited and the City shall have the right (but not the obligation) to use proceeds and recoveries from the bond to complete the exterior components of the construction work and the site restoration work in accordance with the approved plans and specifications and applicable building, health, safety and other codes. Any excess costs beyond proceeds and recoveries from the bond to be paid to the City shall be borne by the applicant.
In the event the applicant fully completes the work and complies with all applicable requirements by the applicable date(s), the bond shall be returned upon issuance of a certificate of occupancy.
3. 
No temporary certificate of occupancy shall be issued unless and until all outstanding bills owed to the City which were generated through the application review, approval and inspection of the premises have been paid in full to the City and any other applicable requirements under the Code of Ordinances of the City of Frontenac not contained in this Chapter have been met.
[Ord. No. 2006-1501 §4, 5-16-2006]
Any person or entity who shall use or occupy any land or building, in whole or in part, in violation of any provision of this Chapter or otherwise fails to comply with any of the requirements of this Chapter shall be guilty of an ordinance violation punishable of a fine of not less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00) or by imprisonment not exceeding ninety (90) days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.