Editor's Note — Ordinance no. 3001 §1, adopted December
23, 2008, repealed title IV in its entirety. See editor's note at
beginning of title IV.
Section 430.010 Forms For Applications and Permits.
Section 430.020 Certificate of Occupancy Requirements.
Section 430.010 Forms For Applications and Permits.
[Ord. No. 3001 §1, 12-23-2008]
Prior to obtaining a building permit, a zoning approval form
shall be completed by the applicant and approved by the Community
Development Department for any construction, reconstruction, conversion,
alteration, enlargement or extension of any building or structure
within the City.
Section 430.020 Certificate of Occupancy Requirements.
[Ord. No. 3001 §1, 12-23-2008]
A.
Each
application for an occupancy permit for the use of land shall be accompanied
by a plat in duplicate, drawn to scale, showing the actual dimensions
of the lot to be built upon or used, the size, shape and location
of the building to be erected and such other information as may be
necessary to provide for the enforcement of this Code. A record of
applications and plats shall be kept in the office of the Community
Development Department.
B.
No change
in the use or occupancy of land, nor any change of use or occupancy
in existing buildings other than for single-family dwelling purposes
shall be made, nor shall any new building be occupied until a certificate
of occupancy has been issued by the Director. Every certificate of
occupancy shall state that the new occupant shall comply with all
provisions of this Code.
C.
No permit
for excavation of, or the erection or alteration of, any building
shall be issued before the application has been made and approved
for a certificate of occupancy and compliance and no building or premises
shall be occupied until such certificate and permit is issued.
D.
A record
of all certificates of occupancy shall be kept on file in the office
of the Community Development Department. Copies shall be furnished
on request to any person having a proprietary or tenancy interest
in land or buildings affected by such certificate of occupancy.
E.
All occupancy
permits shall be obtained prior to such premises being occupied.
1.
Certificate of occupancy.
a.
Residential.
(1)
An occupancy permit shall be required for all new residential buildings
constructed in the City.
(2)
No occupancy permit shall be required for the occupancy of residential
dwellings in the City other than the new residential buildings located
in the City.
(3)
Certificates of occupancy shall be applied for coincidental with
the application for a construction permit for the construction of
new residential dwellings and shall be issued within ten (10) days
after the lawful erection of the building is completed and the required
sewage treatment facilities are installed in accordance with the provisions
of minimum sanitary requirements for building and occupancy permits.
b.
Construction.
(1)
As soon as practical after construction has begun, but no later than
the roofing of the structure, a sign shall be posted in a conspicuous
place near the front entrance of the structure and shall read as follows: "Before this structure may be occupied, an occupancy permit must
be obtained from the City by the occupier of this structure."
(2)
The lettering on said sign shall not be less than three (3) inches
in length and the width of the stroke making said lettering shall
not be less than one-half (½) inch. The width of said letters
shall not be less than one and one-half (1½) inches. The said
sign shall have red lettering on a white background.
(3)
If at any time the sign becomes damaged, discolored or made in any
way illegible, it shall be replaced immediately. If the Code Enforcement
Officer shall designate a sign illegible, it shall be replaced immediately.
c.
Commercial and industrial. All commercial and industrial
buildings located in the City, whether new construction or one that
has been previously occupied, shall at any time when new occupants
propose to occupy such buildings require the issuance of an occupancy
permit prior to such buildings being occupied for any purpose whatsoever.
d.
Temporary certificates of occupancy. The Director may issue
a temporary occupancy permit before the completion of the entire work
covered by the final occupancy permit provided that such portion or
portions of the structure shall be occupied safely prior to the full
completion of the structure without endangering life or public welfare.
No temporary occupancy permit may be issued if the portion of
the work to be completed includes fixing Code violations or such structural
defects which would endanger safety and public welfare.
If the Director determines that a temporary occupancy permit
can be issued, the builder or developer (hereinafter "builder") shall
be required to do the following prior to the temporary occupancy permit
being issued:
(1)
The builder shall prepare a comprehensive list of items that must
still be completed. This list must indicate the item, location and
date of anticipated completion. This list shall be reviewed by the
potential purchaser (hereinafter "purchaser") and the Director. This
list shall be signed by the purchaser, the Director and the builder.
This list must state clearly the intentions of the builder to complete
the items on the list within the designated time frame.
(2)
In addition to the list, the builder must issue a performance bond
to secure that the items on the list will be completed by the builder
to the reasonable satisfaction of the purchaser and the Director within
the agreed upon time frame. This performance bond shall be in a form
acceptable to the City of Fenton. The City and the purchaser must
be the signatories for the release of the bond.
(3)
The City has the sole discretion to accept, in lieu of a performance
bond, an escrow account set up by the purchaser's mortgage lender.
This escrow account must be in the purchaser and the City's name and
shall be released either to the purchaser or the City if the builder
does not perform pursuant to the requirements of this Chapter or any
other Chapter of the Fenton Municipal Code.
(4)
If the builder does satisfactorily perform under this provision,
then the bond proceeds or escrow shall be released back to the builder
after the City's authorized representative and purchaser sign to release
the funds to the builder.
e.
Landscaping. Prior to issuance of an occupancy or a reoccupancy
permit, all required landscaping shall be completed in accord with
approved plans.
2.
Fees. The fees for an occupancy permit are set forth in
Addendum A.
F.
The fees
for plan review and zoning approval shall be as set forth in Addendum
A.