Editor's Note — Ordinance no. 3001 §1, adopted December 23, 2008, repealed title IV in its entirety.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.
[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.
[Ord. No. 3001 §1, 12-23-2008]
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.
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.
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.
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.
All occupancy permits shall be obtained prior to such premises being occupied.
Certificate of occupancy.
An occupancy permit shall be required for all new residential buildings constructed in the City.
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.
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.
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."
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.
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.
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.
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:
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.
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.
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.
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.
Landscaping. Prior to issuance of an occupancy or a reoccupancy permit, all required landscaping shall be completed in accord with approved plans.
Fees. The fees for an occupancy permit are set forth in Addendum A.
The fees for plan review and zoning approval shall be as set forth in Addendum A.