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23, 2008, repealed title IV in its entirety.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]
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.
G.
Temporary, Alternate Occupancy due to Natural Disasters and/or Emergency
Situations.
[Ord. No. 3716 § 1, 7-27-2017]
1.
Special Use Permit. During or following a natural disaster and/or
emergency, as determined by the Director, the Director may waive the
requirement for a special use permit for a use to temporarily relocate
within a district when such use would require a special use permit
when said use is legally in operation at the time of the natural disaster
and/or emergency, subject to the following conditions:
a.
The required occupancy permit for the relocation is obtained;
b.
Such use is only relocated during the time needed to repair
the structure for which the special use permit originally was issued
and which structure was damaged by the natural disaster and/or emergency
not to exceed a period of six (6) months unless an extension of time
is approved by the Board; and
c.
All applicable conditions of the special use permit issued for
the damaged structure, if any, shall remain in full force and effect
for the use at its temporary location unless a specific condition
is inapplicable or infeasible at the temporary location as determined
by the Director.
2.
Mobile or Prefabricated Structure. During or following a natural
disaster and/or emergency, as determined by the Director, the Director
may authorize a use to temporarily relocate to a mobile or prefabricated
structure in the City when said use is legally in operation at the
time of the natural disaster and/or emergency, subject to the following
conditions:
a.
The required occupancy permit for the relocation is obtained;
b.
The mobile or prefabricated structure is located in a manner
that the public health, safety, and welfare will be protected on the
same lot as the occupancy permit was issued before the natural disaster
and/or emergency; and
c.
Such use is only relocated during the time needed to repair
the structure for which the occupancy permit was issued and which
structure was damaged by the natural disaster and/or emergency not
to exceed a period of six (6) months unless an extension of time is
approved by the Board.
3.
Procedure. Any time a natural disaster and/or emergency occurs,
as determined by the Director, notification shall be provided to the
Planning and Zoning Commission and Board of Aldermen explaining what
has been approved and the reasons why.
