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Town of Ocean View, DE
Sussex County
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Table of Contents
Table of Contents
Any person, persons, firm, partnership, corporation, or other entity who may desire to erect, construct, alter, or add to any building or other structure, within the limits of the Town of Ocean View shall first obtain from the Administrative Official a building permit for so doing.
A building permit is required:
A. 
Prior to the erection, construction, alteration, relocation of, or addition to the following:
(1) 
Any building or structure;
(2) 
Any attached or unattached open deck, patio or similar structure with a floor area free from enclosed walls;
(3) 
Any fence, sidewalk, or driveway;
(4) 
Any in-ground or above-ground swimming pools, hot tubs and spas;
(5) 
Any irrigation system, including any well associated with the system;
(6) 
Any geothermal heating or cooling system;
(7) 
Any mechanical systems for climate control;
(8) 
Any sign; or
(9) 
Any well for use as nonpotable water that is permissible by code.
B. 
Prior to the demolition or razing of any building or structure or portion thereof.
C. 
At least 15 days prior to the moving or relocation of any building or structure within or through the Town.
D. 
Prior to the placement of any dumpster.
E. 
Prior to the commencement of repairs to any building or structure. Repairs include, but are not limited to:
(1) 
Normal maintenance costing more than $750.
(2) 
Reconstruction of any existing building or structure which may be destroyed, in whole or in part, by fire, storm or other catastrophe.
A. 
The Administrative Official shall determine the procedures and information required for obtaining a building permit.
B. 
Filing. Applications shall be submitted to the Administrative Official.
(1) 
The Administrative Official may provide forms and instructions to facilitate application processing and review.
(2) 
The Administrative Official shall determine the supporting documentation needed to review each permit application. The supporting documentation shall be provided in paper and electronic formats as required.
C. 
Incomplete applications.
(1) 
No application is complete until all required items are received and all required fees have been paid.
(2) 
Incomplete applications may be rejected.
D. 
To the extent practical, the review procedures and required information shall be coordinated with and/or made simultaneous with the applications and review procedures of other development-related activity.
A. 
The Town Council shall establish a fee schedule for each type of building permit in amounts significant enough to cover all administrative costs.
B. 
An application shall not be considered complete until all required fees have been paid.
A. 
Every permit issued by the Town of Ocean View and Sussex County shall be posted on every site for which such permits are required. They shall be placed so that they are visible.
B. 
A copy of plans approved by the Town of Ocean View and Sussex County shall be kept on site at all times.
Any person, persons, partnership, or corporation shall not deviate from approved plans, specifications, or conditions contained in a duly issued building permit unless authorized in writing by the Administrative Official.
See also Figure 1.[1]
A. 
Duration: valid for one year unless work not begun within 90 days of issuance.
B. 
Expiration. A building permit shall expire under the following circumstances:
(1) 
When the work described in any building permit has not begun within 90 days from the date of issuance.
(2) 
When the work described in any building permit has not been completed within one year of the date of issuance and a renewal has not been issued pursuant to Subsection D of this section.
(3) 
When the work described in any building permit has not been completed within one year of the date of issuance of a renewal.
C. 
Permits for demolition. The work described in a permit issued in accordance with § 84-4B for demolition must be completed within 45 days from the date of issue.
D. 
Renewal.
(1) 
When the work described in any building permit has not been completed within one year of the date of issuance of the original permit, the Administrative Official may issue a renewal.
(2) 
A renewal may be issued only for the scope of work contained in the original permit. If the scope of work is changed in any way, the original permit shall be considered as expired.
(3) 
If the work is not completed with one year from the issue date of the renewal, the permit shall expire.
[1]
Editor's Note: Figure 1 is included as an attachment to this chapter.
A. 
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning/occupancy compliance shall have been issued therefor by the Administrative Official stating that the proposed use of the building or land conforms to the requirements of this chapter, Chapter 140, Land Use and Development, or any other applicable law, regulation, or policy.
B. 
The standards governing the issuance of certificates of zoning/occupancy compliance are set forth in Chapter 140, Article XV.
C. 
Temporary certificate of zoning/occupancy.
(1) 
Authorized. The Administrative Official may issue a temporary certificate of zoning/occupancy for a period not exceeding six months. The certificate may include conditions and safeguards to protect the safety of the occupants and the public.
(2) 
Situations where the Administrative Official may issue a temporary certificate of zoning/occupancy include, but are not limited to, the following:
(a) 
During alterations or partial occupancy of a building pending its completion.
(b) 
For a dwelling unit, when final grading of a lot has not been completed due to weather conditions or the inability to stabilize the lot.
A. 
All construction, repairs, alterations, or additions shall conform to the requirements of Chapter 140, Land Use and Development, all Ocean View Town ordinances, and private deed restrictions.
B. 
No permit shall be issued for any building, structure, etc., to be erected, altered, or added to which, when altered, built, or added to, shall encroach upon the street line or conflict with any of the covenants or restrictions applicable to the lot upon which said structure or building built, altered, or added to is to be erected or which shall be in effect in the Town of Ocean View at the time of the application for said permit.
A. 
Materials used for construction shall be stored on the site where the construction is taking place.
B. 
Construction materials shall be maintained in such a manner as not to interfere with pedestrian or vehicular traffic.
C. 
Storage of construction materials shall be in accordance with Chapter 169, Property Maintenance, § 169-5B.