This chapter shall be administered and enforced by a Code Enforcement
Officer, except as otherwise noted. The Code Enforcement Officer shall
be appointed by the City Council.
A.
Permit required. No building or sign or part thereof shall be constructed, structurally altered, enlarged, or moved unless a permit for such action has been issued by the Code Enforcement Officer or his or her agent, except as otherwise exempted from a permit in this chapter. The contractor, builder, and developer, as well as the property owner, shall be responsible for any and all permits. Site plan approval, in accordance with Article XVI, may be required prior to the issuance of a building permit for certain types of uses, including commercial, industrial and multifamily residential construction.
[Amended 12-19-2017 by Order No. 17-163-01]
B.
Compliance with this chapter. No building permit for a building,
sign or structure on any lot shall be issued except to the owner of
record thereof, or his or her authorized agent, until the proposed
construction or alteration of a building or structure shall comply
in all respects with the provisions of this chapter or with a decision
rendered by the Board of Appeals, Planning Board, Site Plan Review
Committee, and/or others under this chapter.
[Amended 12-19-2017 by Order No. 17-163-01; 5-7-2019 by Order No. 19-258-01]
C.
Applications for permits. All applications for building, sign, or
use permits shall be submitted in writing to the Code Enforcement
Officer on forms provided for the purpose. The application shall be
accompanied by the following information:
[Amended 12-19-2017 by Order No. 17-163-01]
(1)
A plot plan drawn to scale showing the shape and dimensions
of the lot to be built upon, the location and size of all buildings,
signs, or structures already existing on the lot, the locations of
new buildings, signs, or structures to be constructed, and the lines
within which all buildings and structures are to be constructed;
(2)
A statement of the use intended to be made of the lot and buildings;
(3)
Approved plumbing permits where applicable;
(4)
A drawing of proposed and existing signs, indicating dimensions,
where applicable;
(5)
Building elevation drawings for all attached signs, indicating
the proposed location and specifications; and
D.
Action on applications. Within seven (7) days of filing of an application for a building or use permit, the Code Enforcement Officer shall approve, deny, or refer to the Planning Board for conditional use approval all such applications. If the proposed activity requires site plan review in accordance with Article XVI, the Code Enforcement Officer shall refer the applicant to the Planning Director. His/her decision shall be in writing on a form designed for the purpose and communicated directly to the applicant. One (1) copy of the Code Enforcement Officer's decision shall be filed in the Code Enforcement Officer's office. In cases where the Code Enforcement Officer deems that a conditional use permit is required, s/he shall also provide a copy of his decision to the Planning Board.
E.
Plumbing permit required. No building permit shall be issued for
any structure or use involving the construction, installation, or
alteration of plumbing facilities unless a valid plumbing permit has
been secured by the applicant or his or her authorized agent.
F.
Start of work. No work shall be begun on a project requiring a building
permit, plumbing permit, site plan approval, and/or other municipal
approval or permit until all required permits and/or approvals have
been obtained. Start of work shall include clearing and grubbing of
the site, grading, excavation, or construction of buildings or structures.
G.
Revision of proposed work. A new permit is required if any changes
in plans, construction, size, or use of any building, structures,
or parts thereof are made after issuance of the previous permit.
H.
Time valid.
(1)
A building permit secured under the provisions of this chapter
shall expire if the work or change is not commenced within six (6)
months of the date on which the permit is granted and if the work
or change is not substantially completed within eighteen (18) months
of the date on which the permit is granted.
(2)
Extensions of up to six (6) months beyond the commencement or
completion dates may be granted by the Code Enforcement Officer upon
written request.
I.
Pending applications. Nothing in this chapter shall require any change
in the plans, construction, size, or designated use for any building,
structure, or part thereof for which an application for a building
permit has been made or a building permit has been issued or upon
which construction has been commenced prior to the adoption or amendment
of this chapter, provided construction shall start within sixty (60)
days after the issuance of such permit.
J.
Required records. Applications for permits with their accompanying
plans and building permits shall be maintained as a permanent record
by the Code Enforcement Officer.
K.
Rights related to a public right-of-way. Neither the granting of
a permit nor the installation or placement of a sign in the public
right-of-way conveys permanent property rights relating to the public
right-of-way. An illegal sign in the public right-of-way may be removed
by the City without notice, at the owner's expense if the illegal
sign is within the public right-of-way.
[Added 12-19-2017 by Order
No. 17-163-01]
A.
After the building, or part thereof, has been completed, altered
or enlarged or relocated, the owner or his or her agent shall obtain
a certificate of occupancy for the proposed use before the same may
be occupied or used. A certificate of occupancy shall be issued by
the Code Enforcement Officer only if he or she finds that the project
is in compliance with this chapter, with any applicable site plan
approval, and any other regulations of the City.
B.
A certificate of occupancy shall also be required for any of the
following:
(1)
Increase in the number of dwelling units in a structure.
(2)
Establishment of a home occupation in a residential district.
(3)
Establishment of any professional office in connection with
the residence of a professional person.
(4)
Change in the use of a nonconforming use.
(5)
Occupancy and use of vacant land, except for the raising of
crops, or change in the use of land, except in the raising of crops.
(6)
Any change in the use of a building from one category of use
as set forth in § 280-11-9or the Table of Land Uses[1] to another category of use.
[1]
Editor's Note: The Table of Land Uses is included as an attachment to this chapter.
(7)
Any change in the occupancy of nonresidential space.
C.
In cases of use and occupancy of any building or part thereof during
a period of construction or alteration, the Code Enforcement Officer
may issue temporary certificates for periods not exceeding six (6)
months. Temporary certificates of occupancy for single-family homes
may be renewed for additional six (6)-month periods provided that
the owner provides the Code Enforcement Officer with written evidence
that progress is being made toward the completion of the home.
[Amended 12-20-2016 by Order No. 16-158.07; 5-7-2019 by Order No. 19-258-01]
The City Council shall establish by order, after prior notice and public hearing, a fee schedule for all permits, escrow, and construction compliance reviews required by this chapter and for such other fees as the City Council deems appropriate in Chapter 120: Fees. Permit, zoning, escrow, and construction compliance fees are intended to help recover costs incurred by the City in public notice, review, administration, and site inspection associated with amendment of the text of this chapter, changes to Zoning Maps, contract zoning, site plan, and other review and permitting of development. Permit fees are deemed to be a cost of review, shall not be waived or contingent on approval, and are nonrefundable. Any balance in an escrow account remaining after the final decision shall be returned to the applicant in a timely fashion.
A.
These costs include:
(1)
Publishing and public notice fees associated with advertising
public hearings and meetings on the proposed application. Public hearings
on the request shall not be scheduled until the fee is paid.
(2)
Contracted staff, independent consulting, and peer review escrow
fee, including but not limited to architectural, landscape architectural,
geotechnical, hydrological, engineering, surveying, planning, legal,
and similar professional consulting services. The results of such
services shall be available for public review, although such results
shall be deemed to have been made solely for the benefit of the City
and shall remain its property. Such fees shall be:
(a)
Limited to reasonable and necessary review that exceeds the
expertise of City staff or its ability to review the application materials
within required time limits;
(b)
Assessed only to recover costs directly associated with review
of the application submitted by the applicant to whom it is assessed;
(c)
Reasonable in amount, based on the consulting or peer review
time involved and complexity of the review;
(d)
Assessed for the privilege of review and shall be payable without
regard to consulting or peer review results or outcome of the application.
B.
Escrow account. The applicant shall establish an escrow account with the City to guarantee payment in advance of actual fees assessed pursuant to this chapter. The original deposit shall be such amount as specified in § 280-3-4. If the balance in the escrow account shall be drawn down by seventy-five percent (75%), the City shall notify the applicant and require that an additional amount equal to fifty percent (50%) of the initial deposit be submitted to cover the cost of remaining work. The City shall continue to notify the applicant and require that an additional amount be deposited whenever the balance of the account is drawn down by seventy-five percent (75%) of the original deposit. Any excess amount deposited with the City in advance shall be refunded to the applicant in a timely fashion after final action on the application.
C.
Fee disputes. Any dispute regarding the application of § 280-3-4 or the amount required to be paid, either in advance or upon completion, may be appealed in writing within ten (10) days to the City Manager. The City Manager, after due notice and investigation and for good cause shown, may affirm, modify, or reverse the disputed decision or reduce the amount assessed.
D.
Payment of fees required. By submitting an application under this
chapter, the applicant agrees to reimburse the City for the reasonable
and necessary fees set forth herein, and the City shall not amend
the text of this chapter, change Zoning Maps, execute contract zoning
agreements until such amounts have been paid in full. In addition,
no building permit or certificate of occupancy may be issued nor approved
site, subdivision or other plan released until all fees assessed hereunder
have been paid in full. Any individual or firm who has an outstanding
fee balance shall not be eligible to submit a request to amend the
text of this chapter, change Zoning Maps, contract zoning, or a new
or amended site plan application or building or occupancy permit until
the outstanding balance is paid in full.
A.
It shall be the duty of the Code Enforcement Officer or his or her
agent to enforce the provisions of this chapter. If the Code Enforcement
Officer or his or her agent shall find that any provision of this
chapter is being violated, he or she shall notify in writing the person
responsible for such violation, indicating the nature of the violation
and ordering the action necessary to correct it. He or she shall order
discontinuance of illegal use of buildings, structures, or additions
or work being done or shall take any other action authorized by this
chapter to ensure compliance with or to prevent violation of its provisions.
B.
The Code Enforcement Officer is hereby authorized to institute or
cause to be instituted, in the name of the City, any and all actions,
legal or equitable, that may be appropriate or necessary for the enforcement
of this chapter; provided, however, that this section shall not prevent
any person entitled to equitable relief from enjoining any act contrary
to the provisions of this chapter.
C.
The Code Enforcement Officer, in his or her discretion, where a violation
of this chapter has been brought to his or her attention, may so advise
the party in violation, in writing, and may give such violators permission
to continue for a period not exceeding ten (10) days, provided that
such violators intend and do appeal to the Board of Appeals. Failure
to perfect or commence such appeal within ten (10) days will then
subject the violator to prosecution under this section.
[Amended 5-7-2019 by Order
No. 19-258-01]
[Amended 5-7-2019 by Order
No. 19-258-01]
Any person, firm, or corporation, being the owner of or having control or use of any building or premises, who or which violates any of the provisions of this chapter shall be fined not less than one-hundred dollars ($100) nor more than twenty-five-hundred dollars ($2,500) as provided for by state law. Each day such a violation is permitted to exist after notification shall constitute a separate offense. The penalty for failure to correct a violation after a second written notice by the City shall be in conformance with Chapter 90.
