[HISTORY: Adopted by the Mayor and Council
of the City of Harrington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-21-2006 by Ord. No. 06-05]
Prior to any administrative agency or official
of the City charged with evaluation and approval of any permit required
so that legal or equitable owners of real property located in the
City may utilize City services or otherwise involve the City officers,
agents, or employees to permit any use of such real property, approving
or issuing any permit or other indication of approval, that administrative
agency or official shall make reasonable efforts to determine that
no payments, actions, or filings related to obligations due to or
requirements by the City for the use of that parcel or any other parcel
of real property remain incomplete or in violation of the City requirements.
If any such noncomplying or incomplete payments, actions, or filings
are determined to exist, then the administrative agency or official
shall, in writing, deny the permit or other form of approval until
such existing requirement for payment, action, or filing has been
fully complied with or completed as to that parcel, identifying in
that written denial the payment, action or filing to be completed
or complied with. Failure by the appropriate administrative agency
or official to issue such written denial within five working days
from receipt of an application shall enable the applicant to have
the application reviewed without consideration of the requirements
of this section.
Any applicant for a permit or other form of
approval who received the aforesaid written denial of a permit or
other form of approval by an administrative agency or official of
the City may appeal that denial to the City Council within 20 calendar
days of such denial. The City Council or its designee shall thereafter
hold a hearing wherein said applicant shall be permitted to give evidence
that such payment, action or filing has been property carried out,
or otherwise show that such denial is not lawful as to the applicant.
[Adopted 12-7-2009 by Ord. No. 09-08]
No building or structure in any zone shall be erected or structurally
altered without a building permit duly issued upon application to
the City Code Official or his/her duly appointed designee. No structures
such as commercial trailers, truck bodies, etc. are allowed to be
placed on a residential property without a permit. No building permit
shall be issued unless the proposed construction or use is in full
conformity with all the provisions of the applicable ordinance(s).
Any building permit issued in violation of the provision of this article
shall be null and void and of no effect.
Application for a building permit for erection or structurally altering or adding to a building shall be accompanied by a fee as stated in Chapter 180 of the Code of the City of Harrington. Attached shall be a plot plan drawn to scale showing the following as necessary or as determined by the City Code Official or his/her duly appointed designee:
A.
The actual shape, dimension, radii, angles and arc of the lot on
which the building is proposed to be erected or of the lot on which
it is situated if an existing building.
B.
The street, block, and lot number, where possible.
C.
The exact size and location on the lot of the proposed building or
buildings or alterations or additions to an existing building and
of other existing buildings on the same lot.
D.
Dimensions of all yards in relation to the subject building and the
distances between such building and any other existing building on
the same lot.
E.
The existing and intended use of all buildings existing or proposed,
the use of land and the number of dwelling units the building is designed
to accommodate.
F.
Such topographic or other information with regard to the building,
the lot or neighboring lots as may be necessary to determine that
the proposed construction will conform to the provisions of this article.
Application for the construction of new buildings shall be accompanied
by an accurate survey prepared by a licensed engineer or land surveyor.
No building permit shall be issued for construction or alteration
of any building(s) on a lot without frontage upon or legal permanent
access to a public street improved to the satisfaction of the Planning
and Zoning Commission, or without access to public sewer and water
services.
No building permit shall be issued for any building where the
site development plan of such building is subject to recommendation
by the Planning and Zoning Commission with final approval by City
Council except upon approval of such plans by the Commission.
The application and all supporting documentation shall be made
in triplicate. On issuance of the building permit, the City Code Official
shall return one copy of all documents to the applicant.
Except as otherwise specified in the article, the City Code
Official shall, within five business days after the filing of a complete
and properly prepared application, either issue or deny a building
permit. If a building permit is denied, the City Code Official shall
state in writing the reasons for such denial.
Every building permit shall expire if the authorized work has
not commenced within six months after the date of issuance, or has
not been completed within 18 months from such date. The City Manager
may authorize in writing the extension of either of the above periods
an additional six months, following which no further work is to be
undertaken without a new building permit.
A permit (or certificate of occupancy) shall be required for
any of the following:
A.
Occupancy and use of any building hereinafter erected.
B.
Change in use of any building to a use of a different classification.
C.
Occupancy and use of vacant land, or change in the use of land to
a different classification.
D.
Any change in use or extension of a non-conforming use; the building
permit and certificate of occupancy (C.O.) shall indicate that the
proposed use of such building or land is in conformity with the provisions
of the article.
E.
Any premises not occupied during renovation or rehabilitation shall
require a certificate of occupancy (C.O.) before it may be occupied
again.
A.
These shall be granted or refused within five business days after
the City Code Official or his/her duly appointed designee has been
notified of the completion of the authorized construction or alteration,
or where no construction or alteration is involved, within five business
days after receipt of written application therefor. Upon written request
from the owner, the City Code Official shall issue an occupancy permit
(C.O.) for any building or land certifying after inspection the extent
and kind of use or disposition of the buildings or land, and whether
such use or disposition conforms with the provisions of this article.
B.
Pending completion of a building or of alterations thereto, a temporary
C.O. may be issued by the City Manager, at the recommendation of the
City Code Official, for the use of part or all of the building, provided
that such a temporary occupancy or use shall not tend in any way to
jeopardize life or property.
C.
A record of all permits and certificates shall be kept on file in
an office of the City. Copies of said reports may be requested per
the Freedom of Information Act (FOIA) regulations as adopted by the
City of Harrington.
Fees for building permits shall be paid in accordance with the fee schedule provided in Chapter 180 of the Code of the City of Harrington, and all such fees shall be paid into the City Treasury at the time of application for the permit.
Fees for fines shall be paid in accordance with the fee schedule provided in Chapter 180 of the Code of the City of Harrington, and all such fees shall be paid into the City Treasury at the time of application for the permit.
