13.1.1 No
permit for the construction of a building or buildings upon any tract
or plat shall be issued until a building site, building tract, or
building lot as been created by compliance with one of the following
conditions:
A. The lot
or tract is part of a plat of record, property approved by the Planning
and Zoning Commission, and filed in the Plat Records of Ellis County,
Texas; or
B. The plat
or tract is all or part of the site plan officially approved by the
City Council, and compliance has been made with provisions and improvements
approved on such site plan for all utility and drainage easements,
dedication of streets, alleys and other public improvements required
to meet the standards established for the platting of land; or
C. The plat
or tract is all or part of a site plan officially approved by the
City Council, and compliance has been made with provisions and improvements
approved on such site plan for all utility and drainage easements,
dedication of streets, alleys and other public improvements required
to meet the standards established for the platting of land.
(Ordinance 07-15 adopted 7/9/07; Ordinance 11-019, sec. 2, adopted 4/11/11)
13.2.1 Requirements
A. Certificate
of Occupancy shall be required for any of the following:
1. Occupancy
and use of a new residential building;
2. Change
in use of an existing nonresidential building;
3. Occupancy
and/or use of a nonresidential building hereafter erected or structurally
altered;
4. Any
change in the occupancy of a nonconforming use;
5. Change
in ownership and/or name of an existing business.
6. Occupancy
and/or use of a lot, tract, or parcel of land without a building.
B. No such
use, or change of use, shall take place until a Certificate of Occupancy
thereof shall have been issued by the Building Official. All required
construction inspections must be completed before anything is allowed
to be moved into the building.
(Ordinance 07-15 adopted 7/9/07; Ordinance 11-019, sec. 2, adopted 4/11/11)
13.3.1 A Certificate
of Occupancy for a new residential building shall be issued when such
building has been completed in conformity with the provisions of this
Ordinance and all required construction inspections have been passed.
A certificate shall be issued within ten (10) days after final inspection
is complete and all fees owed to City have been paid.
(Ordinance 07-15 adopted 7/9/07; Ordinance 07-31, sec. 1, adopted 11/13/07; Ordinance 08-03 adopted 1/14/08; Ordinance 08-72, sec. 1 adopted 10/14/08; Ordinance 09-049, sec. 2, adopted 8/10/09; Ordinance 10-018, sec. 8, adopted 6/14/10; Ordinance 10-039, sec. 2, adopted 10/12/10; Ordinance 11-045, sec. 1, adopted 8/8/11; Ordinance 13-017, sec. 2, adopted 4/8/13; Ordinance 16-045, sec. 1, adopted 12/12/16; Ordinance 16-046, sec. 1, adopted 12/12/16; Ordinance 17-016, sec. 2, adopted 6/12/17; Ordinance 18-014, sec. 2, adopted 4/9/18; Ordinance 19-041, sec. 1, adopted 9/9/19; Ordinance 20-044, sec. 2, adopted 12/14/20; Ordinance 21-033 adopted 8/9/21)
13.4.1 Written
application for a Certificate of Occupancy for a change in the use
of an existing building shall be made to the Building Official. All
required inspections for a Certificate of Occupancy are separate from
any construction inspections, and are required to be successfully
completed before certificate will be issued. Parking and landscaping
requirements must be met, as herein provided. If the proposed use
is in conformity with the provisions of this Ordinance, the Certificate
of Occupancy therefor shall be issued within ten (10) days after the
application for same has been made provided that all requirements
are met.
(Ordinance 07-15 adopted 7/9/07; Ordinance 07-31, sec. 1, adopted 11/13/07; Ordinance 08-03 adopted 1/14/08; Ordinance 08-72, sec. 1 adopted 10/14/08; Ordinance 09-049, sec. 2, adopted 8/10/09; Ordinance 10-018, sec. 8, adopted 6/14/10; Ordinance 10-039, sec. 2, adopted 10/12/10; Ordinance 11-045, sec. 1, adopted 8/8/11; Ordinance 13-017, sec. 2, adopted 4/8/13; Ordinance 16-045, sec. 1, adopted 12/12/16; Ordinance 16-046, sec. 1, adopted 12/12/16; Ordinance 17-016, sec. 2, adopted 6/12/17; Ordinance 18-014, sec. 2, adopted 4/9/18; Ordinance 19-041, sec. 1, adopted 9/9/19; Ordinance 20-044, sec. 2, adopted 12/14/20; Ordinance 21-033 adopted 8/9/21)
13.5.1 Written
application for a Certificate of Occupancy and/or use of a nonresidential
building hereafter erected or structurally altered shall be made to
the Building Official. All required inspections for a Certificate
of Occupancy are separate from any construction inspections, and are
required to pass before certificate will be issued. Parking and landscaping
requirements must be met, as herein provided. If the proposed use
is in conformity with the provisions of this Ordinance, the Certificate
of Occupancy therefor shall be issued within ten (10) days after the
application for same has been made provided that all requirements
are met.
(Ordinance 07-15 adopted 7/9/07; Ordinance 07-31, sec. 1, adopted 11/13/07; Ordinance 08-03 adopted 1/14/08; Ordinance 08-72, sec. 1 adopted 10/14/08; Ordinance 09-049, sec. 2, adopted 8/10/09; Ordinance 10-018, sec. 8, adopted 6/14/10; Ordinance 10-039, sec. 2, adopted 10/12/10; Ordinance 11-045, sec. 1, adopted 8/8/11; Ordinance 13-017, sec. 2, adopted 4/8/13; Ordinance 16-045, sec. 1, adopted 12/12/16; Ordinance 16-046, sec. 1, adopted 12/12/16; Ordinance 17-016, sec. 2, adopted 6/12/17; Ordinance 18-014, sec. 2, adopted 4/9/18; Ordinance 19-041, sec. 1, adopted 9/9/19; Ordinance 20-044, sec. 2, adopted 12/14/20; Ordinance 21-033 adopted 8/9/21)
13.6.1 Applications
Written application for a Certificate of Occupancy for any change
in the occupancy of a nonconforming use shall be made to the Building
Official. All required inspections for a Certificate of Occupancy
are separate from any construction inspections, and are required to
pass before certificate will be issued. Any change in the use of a
nonconforming use must be a proposed use and conform to the provisions
of this Ordinance, provided that a use identical to the previous use
is permitted within ninety (90) days of the closing of the previous
business. Parking and landscaping requirements must be met, provided
that any use nonconforming use [sic] is not required to concrete any
parking area.
13.6.2 Issuance
If the proposed use is in conformity with the provisions of
this Ordinance, the Certificate of Occupancy therefor shall be issued
within ten (10) days after the application for same has been made
provided that all requirements are met.
(Ordinance 07-15 adopted 7/9/07; Ordinance 07-31, sec. 1, adopted 11/13/07; Ordinance 08-03 adopted 1/14/08; Ordinance 08-72, sec. 1 adopted 10/14/08; Ordinance 09-049, sec. 2, adopted 8/10/09; Ordinance 10-018, sec. 8, adopted 6/14/10; Ordinance 10-039, sec. 2, adopted 10/12/10; Ordinance 11-045, sec. 1, adopted 8/8/11; Ordinance 13-017, sec. 2, adopted 4/8/13; Ordinance 16-045, sec. 1, adopted 12/12/16; Ordinance 16-046, sec. 1, adopted 12/12/16; Ordinance 17-016, sec. 2, adopted 6/12/17; Ordinance 18-014, sec. 2, adopted 4/9/18; Ordinance 19-041, sec. 1, adopted 9/9/19; Ordinance 20-044, sec. 2, adopted 12/14/20; Ordinance 21-033 adopted 8/9/21)
13.7.1 Written
application for a Certificate of Occupancy for any change in ownership
and/or name of an existing building shall be made to the Building
Official. All required inspections for a Certificate of Occupancy
are separate from any construction inspections, and a passing score
is required before a certificate will be issued. Parking and landscaping
requirements must be met, as herein provided. If the proposed use
is in conformity with the provisions of this Ordinance, the Certificate
of Occupancy shall be issued within ten (10) days after the application
for same has been made.
(Ordinance 07-15 adopted 7/9/07; Ordinance 07-31, sec. 1, adopted 11/13/07; Ordinance 08-03 adopted 1/14/08; Ordinance 08-72, sec. 1 adopted 10/14/08; Ordinance 09-049, sec. 2, adopted 8/10/09; Ordinance 10-018, sec. 8, adopted 6/14/10; Ordinance 10-039, sec. 2, adopted 10/12/10; Ordinance 11-045, sec. 1, adopted 8/8/11; Ordinance 13-017, sec. 2, adopted 4/8/13; Ordinance 16-045, sec. 1, adopted 12/12/16; Ordinance 16-046, sec. 1, adopted 12/12/16; Ordinance 17-016, sec. 2, adopted 6/12/17; Ordinance 18-014, sec. 2, adopted 4/9/18; Ordinance 19-041, sec. 1, adopted 9/9/19; Ordinance 20-044, sec. 2, adopted 12/14/20; Ordinance 21-033 adopted 8/9/21)
13.8.1 Every
Certificate of Occupancy shall state that the building, or the proposed
use of a building, complies with all provisions of the building and
fire codes and Ordinances.
13.8.2 A record
of all Certificates of Occupancy shall be kept in file in the office
of the Building Official, or his agent, and copies shall be furnished
upon request to any person having proprietary or tenancy interest
in the building affected.
(Ordinance 07-15 adopted 7/9/07; Ordinance 07-31, sec. 1, adopted 11/13/07; Ordinance 08-03 adopted 1/14/08; Ordinance 08-72, sec. 1 adopted 10/14/08; Ordinance 09-049, sec. 2, adopted 8/10/09; Ordinance 10-018, sec. 8, adopted 6/14/10; Ordinance 10-039, sec. 2, adopted 10/12/10; Ordinance 11-045, sec. 1, adopted 8/8/11; Ordinance 13-017, sec. 2, adopted 4/8/13; Ordinance 16-045, sec. 1, adopted 12/12/16; Ordinance 16-046, sec. 1, adopted 12/12/16; Ordinance 17-016, sec. 2, adopted 6/12/17; Ordinance 18-014, sec. 2, adopted 4/9/18; Ordinance 19-041, sec. 1, adopted 9/9/19; Ordinance 20-044, sec. 2, adopted 12/14/20; Ordinance 21-033 adopted 8/9/21)
13.9.1 Pending
the issuance of a regular Certificate of Occupancy, the Building Official
may issue a Temporary Certificate of Occupancy for a period of time
not exceeding 120 days, during the completion or alterations or during
partial occupancy of a building pending its completion. A temporary
certificate will be issued only for incomplete landscaping and concrete
parking as otherwise provided by the building code. It is required
that the cost of the total project completion be submitted to the
City in the form of a written contract or quote good for 120 days,
from the contractor prepared to complete work. This total amount will
be escrowed to the City for completion of the project. All required
inspections for a Certificate of Occupancy are separate from any construction
inspections and are required to pass before a temporary certificate
will be issued. Such temporary certificates shall not be construed
as in any way altering the respective rights, duties or obligations
of the owners or of the City relating to the use or occupancy of the
premises or any other matter covered by this Ordinance.
(Ordinance 07-15 adopted 7/9/07; Ordinance 07-31, sec. 1, adopted 11/13/07; Ordinance 08-03 adopted 1/14/08; Ordinance 08-72, sec. 1 adopted 10/14/08; Ordinance 09-049, sec. 2, adopted 8/10/09; Ordinance 10-018, sec. 8, adopted 6/14/10; Ordinance 10-039, sec. 2, adopted 10/12/10; Ordinance 11-045, sec. 1, adopted 8/8/11; Ordinance 13-017, sec. 2, adopted 4/8/13; Ordinance 16-045, sec. 1, adopted 12/12/16; Ordinance 16-046, sec. 1, adopted 12/12/16; Ordinance 17-016, sec. 2, adopted 6/12/17; Ordinance 18-014, sec. 2, adopted 4/9/18; Ordinance 19-041, sec. 1, adopted 9/9/19; Ordinance 20-044, sec. 2, adopted 12/14/20; Ordinance 21-033 adopted 8/9/21)
13.10.1 A
Certificate of Occupancy shall be required for all lawful nonconforming
uses of land or buildings created by adoption of this Ordinance. Application
for such Certificate of Occupancy for a nonconforming use shall be
filed with the Building Official by the owner or lessee of the building
or land occupied by such nonconforming use within one (1) year of
the effective date of this Ordinance or any amendment thereto which
results in a nonconforming use.
(Ordinance 07-15 adopted 7/9/07; Ordinance 07-31, sec. 1, adopted 11/13/07; Ordinance 08-03 adopted 1/14/08; Ordinance 08-72, sec. 1 adopted 10/14/08; Ordinance 09-049, sec. 2, adopted 8/10/09; Ordinance 10-018, sec. 8, adopted 6/14/10; Ordinance 10-039, sec. 2, adopted 10/12/10; Ordinance 11-045, sec. 1, adopted 8/8/11; Ordinance 13-017, sec. 2, adopted 4/8/13; Ordinance 16-045, sec. 1, adopted 12/12/16; Ordinance 16-046, sec. 1, adopted 12/12/16; Ordinance 17-016, sec. 2, adopted 6/12/17; Ordinance 18-014, sec. 2, adopted 4/9/18; Ordinance 19-041, sec. 1, adopted 9/9/19; Ordinance 20-044, sec. 2, adopted 12/14/20; Ordinance 21-033 adopted 8/9/21)