No building permit shall be issued and no construction of any
building shall be commenced in any subdivision for which the final
map was recorded after August 13, 1948, unless and until written approval
therefor has been given by the Architectural Board of Review or the
Council pursuant to the procedures and standards.
(Part I, Ord. 459, eff. September 21, 1972)
It is recognized that situations may exist or arise wherein
it is impossible, impractical, oppressive, or unfair to the owner
to require literal compliance with all of the requirements of Chapter
1 of this title and that a certain flexibility is necessary and desirable.
In such situations the Council is authorized by resolution to grant
specific variances and deviations from the literal requirements of
Chapter 1 of this title.
(Part I, Ord. 459, eff. September 21, 1972)
No permit shall be issued with respect to any land which has
been subdivided or with respect to any lot which has been divided
in violation of any State law or any provision of this Code.
(Part I, Ord. 459, eff. September 21, 1972)
No permit shall be issued with respect to any land which is not part of a lot as defined in Chapter 2 of Title
10 of this Code, which lot is immediately adjacent to and has direct access to a public street; provided, however, an exception to this prohibition may be authorized by the Council in any case in which the Council finds that adequate access to such land from a public street has been provided by permanent easements for the benefit of the owner of such land and for the benefit of public officers and employees acting within the scope of their public duties.
(Part I, Ord. 459, eff. September 21, 1972)
No permit shall be issued for any commercial or multi-residential
development in excess of three dwelling units until the applicant
has first submitted a plot plan of the development to the Planning
Commission, if so designated by the Planning Commission, and obtained
the approval of the Commission for such plan. An applicant or other
aggrieved person shall have the right to appeal to the Council any
decision made by the Planning Commission pursuant to the provisions
of this chapter. Such appeal shall be controlled by the provisions
of Section 10-2.2002(e)(5) of this Code.
(Part I, Ord. 459, eff. September 21, 1972, as amended by § 9, Ord. 708, eff. April 27, 1995)
Whenever the Planning Commission or Council finds that any proposed
improvement of use of property will cause an increase in vehicular
or pedestrian traffic which will constitute a substantial burden upon
existing streets and create a need for additional rights-of-way, street
extensions, or other required improvements to meet the needs created
by such proposed improvements or use, or whenever the Planning Commission
or Council finds that the proposed improvements or use of property
will create a need for on-site or off-site drainage, sewage, or other
public facilities, the Planning Commission or Council may require,
as a condition to the approval of such proposed improvements or use
or the issuance of a building permit, that sufficient rights-of-way
be dedicated and improvements be installed to meet such needs.
(Part I, Ord. 459, eff. September 21, 1972)
(§ 1, Ord. 608, eff. July 28, 1983; repealed by § 1, Ord. 647, eff. June 25, 1987)
(a) Enclosure required. Every outdoor swimming pool shall be
completely surrounded by a fence or wall not less than five feet in
height, which shall be so constructed as not to have openings, holes,
or gaps larger that four inches in any dimension, except for doors
and gates. If a picket fence is erected or maintained, the vertical
dimension between pickets shall not exceed four inches. A dwelling
house or accessory building may be used as a part of such enclosure.
A gates or doors opening through such enclosure shall be equipped
with a self-closing and self-latching device for keeping the gate
or door securely closed at all times when not in actual use, except
that the door of any dwelling which forms a part of the enclosure
need not be so equipped.
(b) Applicability. The requirements of this section shall be
applicable to all new outdoor swimming pools constructed on or after
December 24, 1958, and shall apply to all pools existing on December
24, 1958, which have a depth of more than 10 inches of water below
the adjacent grade. No person in possession of land within the City
upon which is situated an outdoor swimming pool having a depth of
more than 10 inches of water below the grade shall fail to provide
and maintain such enclosure as required by this section.
(c) Variances. The Planning Director may make modifications
of the requirements imposed by this section upon a showing of good
cause with respect to the height, nature, or location of the fence,
wall, gates, or latches or the necessity therefor provided the protection
as sought by this section is not reduced thereby. The Planning Director
may permit other protective devices or structures to be used as long
as the degree of protection afforded by the substitute devices or
structures is not less than the protection afforded by the wall, fence,
gate, and latch described in this section.
(§ 5, Ord. 649, eff. September 24, 1987)
All building permits shall expire and become null and void 180
days after their issuance; provided, however, that, if the holder
of a building permit has made substantial progress toward completion
of the building or structure under construction, at the discretion
of the Building Official, such permit may be extended for two additional
terms of 180 days each. Any requests for extension of a building permit
beyond one and one-half years shall be made to and approved by the
Planning Commission. All applications for extension of the term of
a building permit shall be made prior to the expiration of the existing
permit. For purposes of this section, the term "substantial progress"
shall mean, in the case of the first 180-day extension, the satisfactory
completion of at least three of the five major inspections required
by the Uniform Building Code during the progress of construction and
at least four of such inspections in the case of the second 180-day
extension.
(§ 5, Ord. 743, eff. March 10, 2000)
If, upon expiration of a building permit, construction of the
building or structure which is the subject of the permit is not complete,
including final inspection thereof, a new permit must be issued subject
to all current rules, regulations and fees prior to re-commencement
of construction.
(§ 5, Ord. 743, eff. March 10, 2000)
Any incomplete or partially completed building or structure for which no current building permit exists must be removed by the owner thereof and the property returned to its condition prior to the date construction was commenced. Any partially completed building or structure not removed by the owner, after notice to do so is given by the building inspector, shall be deemed to be a public nuisance and may be abated in accordance with the provisions of Chapter 6 of Title
5 of this Code.
(§ 5, Ord. 743, eff. March 10, 2000)