(a) Except
for residential uses and accessory structures thereof, all structures
used for any purpose or occupied by any person or entity as indicated
below require the issuance of a certificate of occupancy for the structure
and each individual tenant space. Certificates of occupancy shall
be required for the following categories:
(1) Structure/property
ownership:
a. Commercial
structures:
1. Single-tenant structures,
3. Building shell construction.
b. Multi-family
structures with an on-site management office or semi-public pools.
c. A
certificate of occupancy by structure/property owners shall be required
only once and does not have to be resubmitted unless the structure/property
changes ownership, or at which time there is any enlargement of structure.
d. Change
of ownership does not include tenant change or individual tenant business
ownership change.
(2) Tenants.
a. Commercial
structures only:
1. Includes but not limited to new businesses, re-located existing businesses,
change of business ownership, change of business name,
2. Existing tenants where a certificate has not been previously issued,
3. Temporary occupation or use of any property, or tenant space.
(b) Property
owners, business managers and/or business owners shall be required
to submit the application for certificate of occupancy, and receive
approval from the director's office prior to occupancy.
(c) Certificates
of occupancy issued for building shell construction shall be permitted
only when the originally approved scope of work for construction meets
the definition of building shell as provided in article II of this
chapter.
(Ordinance 1860 adopted 4/12/2010)
Certificates of occupancy shall be applied for on a form to
be provided by the director. The forms shall include all information
deemed necessary by the director to protect the health and life safety
of each occupant, and to verify compliance with all adopted codes
and ordinances.
(Ordinance 1860 adopted 4/12/2010)
Fees for certificates of occupancy shall be listed in the adopted
schedule of development fees as maintained in the director's office.
All application fees are non-refundable and due upon receipt of application.
Exception: Fees shall not be charged for any certificates of
occupancy for ownership of structure/property which existed prior
to the adoption of this ordinance, or for tenants which existed prior
to the adoption of this ordinance.
(Ordinance 1860 adopted 4/12/2010)
After completion of inspections and remediation of any deficiencies
and payment of the applicable fees, the director shall issue a certificate
of occupancy. Issuance of a certificate of occupancy does not provide
waiver of any requirements which may be listed in the city's adopted
codes or ordinances.
(Ordinance 1860 adopted 4/12/2010)
If any person, owner, or occupant ceases to own or occupy the
structure or space, or when there is a change in name or use of the
structure, the certificate of occupancy shall automatically terminate
and a new application for certificate of occupancy shall be submitted
for review and inspection according to this chapter.
(Ordinance 1860 adopted 4/12/2010)
(a) In addition to the penalties provided for in section
5-2 and the injunctive relief provided in section
5-3 of this chapter, operation of a business or office without a valid certificate of occupancy issued in accordance with section
5-90 or
5-96 may result in temporary closure of the event, structure or space until the required certificate is obtained.
(b) Should
the director's office determine an event, structure or space is open
to occupancy and that said event, structure or space does not have
a valid certificate of occupancy, a notice, in writing and signed
by the director or designated representative, shall be hand delivered
to the responsible party, property owner or senior occupant of the
operating premises by a city employee notifying them of the violation.
(c) The occupant,
owner, or owner-occupant shall respond to the notification within
five (5) working days by either presenting a valid certificate of
occupancy or presenting just cause why the facility should not be
closed until such a certificate is obtained.
(d) In the event of closure, a placard shall be placed at the facility noting the facility is closed to the public pending a valid certificate of occupancy. The placard shall not be removed until a valid certificate of occupancy is obtained and shall only be removed by the director. Removal of the placard shall be deemed a violation of the Code of Ordinances, subject to the penalties noted in section
5-2.
(Ordinance 1860 adopted 4/12/2010)
(a) The director
may issue a temporary certificate of occupancy for the following situations:
(1) Approved
commercial "shell" construction projects,
(2) Construction
projects under an active permit where extenuating circumstances prevent
a project from being completed and final inspection approved prior
to requesting final occupancy, or
(3) Vacant lots proposed for a temporary use which is permitted within chapter
3 zoning ordinance, or
(4) Events
listed below such as qualified neighborhood events, special events,
or miscellaneous events.
(b) A temporary
certificate of occupancy shall not be issued for a period exceeding
ninety (90) days per issuance. Request for a temporary certificate
of occupancy shall be submitted to the director's office for review.
(c) The director
may issue a temporary certificate of occupancy for other instances
such as qualified neighborhood events, special events, and miscellaneous
events.
(d) No event,
occupancy, or use shall occupy any property or structure which has
not been reviewed for the specific event, occupancy, or use. Events,
occupancies, or uses outside the normal functions of the property
shall be required to apply for a temporary certificate of occupancy
in the following categories:
(1) Qualified
neighborhood events.
a. Qualified
neighborhood event shall refer to any event which meets all of the
following conditions:
1. Occurs within any residential neighborhood,
3. Does not include sale of food, drink or alcohol, and
4. Does not include use of amplified sounds.
(2) Special
events.
a. Special
event shall refer to any event which meets any of the following conditions:
1. Includes the sale of food, drink or alcohol, or
2. Includes use of amplified sounds, or
3. Includes use of the city's right-of-way(s),
Exception: Residential block parties
and National Night Out shall be considered qualified neighborhood
events.
|
4. Includes non-typical or non-established uses within a property or
portion of a property.
Exception: Qualified neighborhood events.
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b. Temporary
food establishment permits and alcohol licenses shall be required
for each vendor as required.
c. Additional
permits may be required depending on the proposed event.
(3) Miscellaneous
events.
Miscellaneous events shall refer to any event
which is not considered a qualified neighborhood event or a special
event.
(e) Any person
or entity who sponsors or organizes an event for which a permit is
required, but for which no permit has been obtained, shall be guilty
of a class C misdemeanor and shall be fined not more than five hundred
dollars ($500.00) for each offense. The failure of a person or entity
to obtain a permit as required herein, or the failure of the holder
of a permit to comply with the terms of a permit, shall be considered
by the city in the issuance of future permits. In addition to the
foregoing penalties, the city shall be entitled to injunctive relief
against any person or entity which sponsors or organizes a public
event for which a permit is required but for which no permit has been
issued.
(f) It shall be unlawful for any person to cause, allow, permit or suffer any vehicle registered in his or her name or owned or operated by him or her or in his or her possession or under his or her control to be or remain in any space or area on a public right-of-way during an event at which parking is temporarily prohibited. All vehicles that are parked on any space or area on a public right-of-way in the city during an event in violation of temporary parking restrictions shall be removed by the police department and stored until claimed by the rightful owner or person who has the right to such property as provided in division 2 of article V of chapter
18 of the Code.
(g) The application
for temporary certificate of occupancy shall be submitted as required
in the event permit procedures bulletin. Application and procedures
bulletin shall be located in the director's office.
(h) After
review of the submitted application, the City of Alamo Heights shall
require portable water closets be provided as required below unless
permanent facilities in the appropriate amount are provided:
People Attending
|
1 hr
|
2 hrs
|
3 hrs
|
4 hrs
|
5 hrs
|
6 hrs
|
7 hrs
|
8 hrs
|
9 hrs
|
10 hrs
|
---|
1—50
|
1
|
1
|
1
|
1
|
2
|
2
|
2
|
2
|
2
|
2
|
50—100
|
2
|
2
|
2
|
2
|
2
|
3
|
3
|
3
|
3
|
3
|
100—250
|
3
|
3
|
3
|
3
|
4
|
4
|
4
|
6
|
6
|
6
|
250—500
|
4
|
4
|
4
|
4
|
6
|
6
|
8
|
8
|
8
|
8
|
500—1,000
|
4
|
5
|
6
|
7
|
7
|
8
|
8
|
8
|
9
|
9
|
2,000
|
6
|
10
|
12
|
13
|
14
|
14
|
14
|
15
|
15
|
15
|
3,000
|
9
|
14
|
17
|
19
|
20
|
21
|
21
|
21
|
21
|
22
|
4,000
|
12
|
19
|
23
|
25
|
28
|
28
|
28
|
30
|
30
|
30
|
5,000
|
15
|
23
|
32
|
32
|
34
|
36
|
36
|
36
|
36
|
36
|
(Ordinance 1860 adopted 4/12/2010)
(a) Fees
for temporary certificates of occupancy and associated permits and
licenses shall be listed in the adopted schedule of development fees
as maintained in the director's office. All application fees are non-refundable
and due upon receipt of application.
(b) For event
type certificates of occupancy, a refundable deposit shall be provided
along with the submitted application for the event. The director shall
determine the minimum amount of deposit required to ensure that all
trash and/or debris from the proposed event is removed and the area
cleaned. The applicant shall have eighteen (18) hours from the close
of the event to remove all trash and/or debris from the area or the
applicant shall forfeit the clean-up deposit.
(Ordinance 1860 adopted 4/12/2010)