[R.O. 2009 §25-143; Ord. No. 2739 §43-99.1, 5-20-1985]
No building shall be constructed, reconstructed or structurally
altered, nor shall any such work be started until a building permit
for the work has been issued by the Building Official. The application
for a building permit shall be in the name of the person for whom
the work or construction is to be done. Building permits shall expire
one (1) year after date of issuance. Application for renewal must
be made by the applicant upon expiration unless substantial construction
has been initiated and is being pursued diligently toward completion.
[R.O. 2009 §25-144; Ord. No. 2739 §43-99.2, 5-20-1985]
A.
The
application shall be prepared on forms provided by the Department
of Planning and Development and available in his/her office. The application
shall be signed by the applicant and shall state his/her name and
address.
B.
In
addition to the specific requirements in this Section, every application
for a building permit shall further comply with all applicable provisions
of the Building Code as well as pertinent Sections of the City's other
technical codes. The Zoning Administrator shall issue regulations
requiring such other information as may be necessary to determine
compliance of the application with this Article and a copy of the
applicable provisions from the Building Code and said regulations
shall be available in the Department of Planning and Development.
C.
All
applications for building permits shall be accompanied by three (3)
copies of engineering and/or architectural plans and specifications
for commercial applications and two (2) copies for residential applications,
drawn to an appropriate scale. The plans shall be sufficiently detailed
to allow the determination of compliance with all relevant City codes,
ordinances and regulations and shall show the proposed site improvements,
including all new construction and reconstruction, structural alteration
or repair of existing structures. In addition, the plans shall indicate
the shape and dimensions of the lot to be built upon, the exact size
and location on the lot of existing structures and the lines within
which the buildings or structures shall be erected or altered, the
existing and intended use of each building or part of building, the
number of families the building is designed to accommodate if a residence
or apartment, the number of persons the building is designed to accommodate
for each separate use or non-residential function and such other information
with regard to the lot and neighboring lots as may be necessary to
determine and provide for the enforcement of this Chapter. The Building
Official shall forward one (1) copy of the building permit application
to the Zoning Administrator for his/her review. One (1) copy of such
plans shall be returned to the owner, upon approval, by the Building
Official.
D.
All
dimensions shown on those plans relating to the location and size
of the lot to be built upon shall be related to known, accepted street
or property lines. The Director of Planning and Development or the
Commission may require that the lot and the location of the building
thereon shall be staked out on the ground before construction is started.
E.
At
the time a building permit is issued, the applicant shall pay the
City a fee in accordance with the schedule of fees established by
the Board of Aldermen. The fee shall be paid in the office of the
City Clerk/Administrator.
F.
For
any construction, reconstruction or structural alteration valued at
fifty thousand dollars ($50,000.00) or more, the Building Official
shall not issue a building permit until a performance bond or escrow
agreement to cover the cost of completion of improvements has been
filed with the City Clerk/Administrator in a form and with a company
approved by the City Attorney.
[R.O. 2009 §25-145; Ord. No. 2739 §§43-75.1 — 43-75.2, 5-20-1985]
A.
Prior
to the issuance of any building permit for the construction or improvement
of a parking or loading area subject to this Section, a suitable parking
site and landscape plan shall be submitted to the Planning and Zoning
Commission indicating the landscaping, as well as the parking layout,
proposed drainage on the premises, proposed lighting on the premises
and all driveways extending beyond the property line into the public
right-of-way.
B.
The
landscaping plan shall be prepared by a qualified architect or landscape
architect and shall meet with the approval of the Commission which
shall review the proposed parking area and its landscaping to ascertain
that the plan will promote and facilitate the objectives of this Section.
Any deviation from the approved plan shall constitute a violation
of this Chapter. Plans shall be drawn to an accurate scale and shall
show the layout of the lot entrances and exits, drainage provisions,
lighting provisions, surfacing, curb barriers and location and type
of landscaping, including by name and size the types of trees, hedges,
shrubs and plants to be used. This required parking site and landscape
plan may be incorporated and made part of a site plan submitted in
accordance with other zoning district requirements and Division 9
of this Article.
C.
Any
application for a building permit for the construction of a parking
or loading facility shall be accompanied by a parking site and landscape
plan to be reviewed and approved, if appropriate, by the Planning
and Zoning Commission. Such application shall be accompanied also
by detailed construction plans and specifications of the planned improvements
and a statement regarding the proposed methods of maintenance and
operation.
[R.O. 2009 §25-146; Ord. No. 2739 §43-99.3, 5-20-1985]
A.
The
Zoning Administrator shall review the building permit application
and determine that it complies with all applicable submission requirements
and all applicable City ordinances relating to the development of
land and shall return the application with his/her recommendations
to the Building Official.
B.
If
an application is refused by the Building Official for the reason
that the application fails to satisfy the applicable requirements
of this Zoning Code and other City ordinances, the applicant may appeal
to the Board of Adjustment in accordance with the provisions of Division
7 of this Article.
[R.O. 2009 §25-147; Ord. No. 2739 §43-100.1, 5-20-1985; Ord. No. 4831, 4-16-2018]
A.
No
person shall occupy, nor shall any owner or agent thereof permit the
occupancy of any building or addition thereto or part thereof, for
any purpose until a certificate of occupancy has been issued. The
certificate of occupancy so issued shall state that the occupancy
complies with this Chapter and all other applicable provisions of
this Code including, but not limited to, the Building Code and all
other safety codes.
B.
No
certificate of occupancy shall be issued for any transient occupancy
in any residential zoning district. A transient occupancy shall be
considered as an occupancy on a daily or nightly basis, or any part
thereof, for a period of thirty-one (31) or fewer consecutive days.
[R.O. 2009 §25-148; Ord. No. 2739 §43-100.2, 5-20-1985]
A.
Whenever
the sale of a building results in a change in the occupant, or whenever
premises are rented to an occupant, or whenever there is a change
of use of the premises, the occupant shall be required to apply for
and receive a certificate of occupancy in accordance with the provisions
of this Article and all other applicable ordinances and regulations
of the City or other public jurisdiction having jurisdiction over
some aspect of the development such as fire protection, sewers, etc.
B.
An
application for a certificate of occupancy shall be filed in the office
of the Building Official. At the time the application is filed, the
applicant shall pay the requisite fee. Notice of such charges shall
appear on all occupancy permit applications.
C.
Certificates
of occupancy may be issued upon application by landlord or owner of
property and the Director of Planning and Development may make periodic
inspections of such property.
D.
Conditional Occupancy Permit.
1.
A conditional occupancy permit may be issued by the Director of Planning
and Development if, in the Director's sole discretion:
a.
Any deficiency or non-compliance with this Code would not seriously
endanger the health or safety of the occupants or the community; and
b.
The occupant has made to the City a sufficient cash deposit to ensure
completion of the work and corrections and repairs of all conditions
in violation of City ordinance; and
c.
The occupant has entered into an agreement setting forth deadlines
for the work to be done, the expiration date of the temporary occupancy
permit, and the conditions upon which the City may utilize the cash
deposit to perform the work to correct and repair defects; and
d.
The occupant has already submitted all applications and plans to
the City and has obtained building permits, approvals of the Planning
and Zoning Commission, Architectural Review Board, Board of Aldermen,
and all other required governmental approvals from the City for the
work.
2.
No conditional occupancy permit shall be issued for a period exceeding
one hundred twenty (120) days. However, a conditional occupancy permit
may be extended only once for a period not to exceed sixty (60) days
if the Building Commissioner finds that:
a.
Any deficiency or non-compliance with this Chapter would not seriously
endanger the health or safety of the occupants or the community; and
b.
The occupant has made substantial progress toward bringing the property
into compliance with the Municipal Code; and
c.
All required corrections can be made within the time granted for
the extension.
3.
All required work to correct and repair the violations shall be completed
prior to the expiration of the conditional occupancy permit. Immediately
following the completion of the work, the occupant shall contact the
City for an inspection of the work and the property.
4.
Upon the expiration or revocation of the conditional occupancy permit,
the property shall be vacated. No person shall be allowed to reside
or occupy the property; however, work to correct and repair deficiencies
and violations may be completed at the property only during the hours
of 7:00 A.M. and 6:00 P.M. Monday through Friday, and on Saturday
from 10:00 A.M. until 4:00 P.M. No audible work from the exterior
is to be done on Sunday without the express permission of the Director
of Planning and Development.
5.
The amount of the cash deposit shall be, at a minimum, twenty-five
percent (25%) of the estimated cost of all work required or one thousand
five hundred dollars ($1,500.00) whichever is more; amounts above
this minimum may be required if a higher amount is necessary to ensure
the occupant's compliance with the Municipal Code and/or be sufficient
to ensure that at least a portion of the violations can be corrected
or repaired by the City. The Agreement between the City and the occupant
shall be in the form approved by the City and must also be signed
by the owner of the property (if different from the occupant). The
City may require submission of contracts and other documents pertaining
to the work.
6.
The cash deposit shall be deposited by the City in a manner such
that the deposit will be separately accounted for apart from other
City funds. The City shall document the use, replacement, or release
of such funds, as deposited by each occupant, according to generally
accepted accounting principles. Occupant shall not receive any interest
on the funds deposited.
7.
The cash deposit shall only be released or utilized by the City in
accordance with the terms with the Agreement and this Section.
Upon final inspection by the City and satisfactory completion
of all required work by the occupant, the deposit shall be released
to the occupant. Provided, however, if the Director of Planning and
Development determines that the work has been timely and is substantially
complete, the Director of Planning and Development may release up
to ninety percent (90%) of the cash deposit to the occupant to pay
contractors and third parties for the remainder of the work. The remaining
ten percent (10%) shall be held until all work is completed.
In the event that the work is not timely completed or in the
event that the work is defective or non-compliant with City ordinance,
the City may use an occupant's deposited funds for expenses incurred
to perform abatement, complete the work or otherwise ensure compliance
with all applicable codes and requirements. If the City so utilizes
such funds, the occupant shall be obligated to deposit a sum equal
to the amount so used so as to maintain full funding of the required
deposit.
8.
Any occupant aggrieved by a decision of the Director of Planning
and Development in the administration of this Section may file a written
appeal to the City Administrator within ten (10) days of the decision
appealed from. The City Administrator shall make a written determination
of the appeal within ten (10) business days of the occupant's appeal,
unless circumstances prevent a timely determination, in which case
the determination shall be made as soon as reasonably possible.
In the event that the occupant believes that the City Administrator
improperly denies such an appeal, the occupant may file a written
appeal to the Board of Aldermen within five (5) days of the date of
the City Administrator's decision.
9.
If the occupant fails to comply with an obligation of this Section,
the City shall withhold or withdraw any other permits or approvals
pertaining to the occupant or the property until such non-compliance
is cured.
10.
The City may pursue any other available remedy in order to enforce
its ordinance. Nothing herein shall be construed to limit the authority
of the City to pursue equitable or legal remedies, abatement or other
remedy available to the City.
[Ord. No. 4379 §1, 10-15-2012]
A.
A
conditional occupancy permit may be issued by the Director of Planning
and Development if, in the Director's sole discretion:
1.
Any deficiency or non-compliance with this Code would not seriously
endanger the health or safety of the occupants or the community; and
2.
The occupant has made to the City a sufficient cash deposit to ensure
completion of the work and corrections and repairs of all conditions
in violation of City ordinance; and
3.
The occupant has entered into an agreement setting forth deadlines
for the work to be done, the expiration date of the temporary occupancy
permit, and the conditions upon which the City may utilize the cash
deposit to perform the work to correct and repair defects; and
4.
The occupant has already submitted all applications and plans to
the City and has obtained building permits, approvals of the Planning
and Zoning Commission, Architectural Review Board, Board of Aldermen,
and all other required governmental approvals from the City for the
work.
B.
No
conditional occupancy permit shall be issued for a period exceeding
one hundred twenty (120) days. However, a conditional occupancy permit
may be extended only once for a period not to exceed sixty (60) days
if the Director of Planning and Development finds that
1.
Any deficiency or non-compliance with this Chapter would not seriously
endanger the health or safety of the occupants or the community; and
2.
The occupant has made substantial progress toward bringing the property
into compliance with the Municipal Code; and
3.
All required corrections can be made within the time granted for
the extension.
C.
All
required work to correct and repair the violations shall be completed
prior to the expiration of the conditional occupancy permit. Immediately
following the completion of the work, the occupant shall contact the
City for an inspection of the work and the property.
D.
Upon
the expiration or revocation of the conditional occupancy permit,
the property shall be vacated. No person shall be allowed to reside
or occupy the property; however, work to correct and repair deficiencies
and violations may be completed at the property only during the hours
of 7:00 A.M. and 6:00 P.M. Monday through Friday, and on Saturday
from 10:00 A.M. until 4:00 P.M. No audible work from the exterior
is to be done on Sunday without the express permission of the Director
of Planning and Development.
E.
The
amount of the cash deposit shall be, at a minimum, twenty-five percent
(25%) of the estimated cost of all work required or one thousand five
hundred dollars ($1,500.00) whichever is more; amounts above this
minimum may be required if a higher amount is necessary to ensure
the occupant's compliance with the Municipal Code and/or be sufficient
to ensure that at least a portion of the violations can be corrected
or repaired by the City. The agreement between the City and the occupant
shall be in the form approved by the City and must also be signed
by the owner of the property (if different from the occupant). The
City may require submission of contracts and other documents pertaining
to the work.
F.
The
cash deposit shall be deposited by the City in a manner such that
the deposit will be separately accounted for apart from other City
funds. The City shall document the use, replacement, or release of
such funds, as deposited by each occupant, according to generally
accepted accounting principles. Occupant shall not receive any interest
on the funds deposited.
G.
The
cash deposit shall only be released or utilized by the City in accordance
with the terms with the agreement and this Section.
Upon final inspection by the City and satisfactory completion
of all required work by the occupant, the deposit shall be released
to the occupant. Provided however, if the Director of Planning and
Development determines that the work has been timely and is substantially
complete, the Director of Planning and Development may release up
to ninety percent (90%) of the cash deposit to the occupant to pay
contractors and third parties for the remainder of the work. The remaining
ten percent (10%) shall be held until all work is completed.
In the event that the work is not timely completed or in the
event that the work is defective or non-compliant with City ordinance,
the City may use an occupant's deposited funds for expenses incurred
to perform abatement, complete the work or otherwise ensure compliance
with all applicable codes and requirements. If the City so utilizes
such funds, the occupant shall be obligated to deposit a sum equal
to the amount so used so as to maintain full funding of the required
deposit.
H.
Any
occupant aggrieved by a decision of the Director of Planning and Development
in the administration of this Section may file a written appeal to
the City Administrator within ten (10) days of the decision appealed
from. The City Administrator shall make a written determination of
the appeal within ten (10) business days of the occupant's appeal,
unless circumstances prevent a timely determination, in which case
the determination shall be made as soon as reasonably possible.
In the event that the occupant believes that the City Administrator
improperly denies such an appeal, the occupant may file a written
appeal to the Board of Aldermen within five (5) days of the date of
the City Administrator's decision.
I.
If
the occupant fails to comply with an obligation of this Section, the
City shall withhold or withdraw any other permits or approvals pertaining
to the occupant or the property until such non-compliance is cured.
J.
The
City may pursue any other available remedy in order to enforce its
ordinance. Nothing herein shall be construed to limit the authority
of the City to pursue equitable or legal remedies, abatement or other
remedy available to the City.
