[R.O. 2009 § 430.010; Ord. No. 3001 § 1, 12-23-2008]
Prior to obtaining a building permit,
a Municipal Zoning Approval form shall be completed by the Applicant
and approved by the Director for any construction, reconstruction,
conversion, Structural Alteration, enlargement, or extension of any
Building or Structure within the City. The fees for Municipal Zoning
Approval applications shall be as set forth in Addendum A.[1]
[1]
Editor's Note: Addendum A, Fee Schedule, is included as an attachment to Chapter 405.
[R.O. 2009 § 430.020; Ord. No. 3001 § 1, 12-23-2008]
A.
Certificate of Occupancy
Requirements. Each application for an occupancy permit for the use
of Property shall be accompanied by a Site Plan 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 submitted applications, Site
Plans, and corresponding issued permits shall be kept on file in the
Community Development Department.
1.
Certificate of
occupancy. No Building or Structure shall be occupied until a required
occupancy permit is issued in accordance with this Section. Every
certificate of occupancy shall state that the new occupant shall comply
with all provisions of the Municipal Code. Certificate of occupancy
shall be required as follows:
a.
Residential Use.
An occupancy permit shall be required for all new Residential Dwellings
before such Dwelling will be occupied; however, an occupancy permit
is not required for the reoccupancy of an existing Residential Dwelling.
b.
Non-Residential
Use. An occupancy permit shall be required for all non-residential
Buildings or Structures under the following circumstances:
c.
Temporary certificates
of occupancy.
(1)
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 Building or Structure shall be
occupied safely prior to the full completion of the Building or Structure
without endangering life or public welfare.
(2)
No
temporary occupancy permit may be issued if the portion of the work
to be completed includes fixing any Code violations or such structural
defects which would endanger safety and public welfare.
(3)
If
the Director determines a temporary occupancy permit may be issued,
such shall be issued for a period of time not to exceed ninety (90)
days. The Director may issue one (1) extension, not to exceed an additional
ninety (90) days, if deemed necessary by the Director upon written
application for an extension prior to expiration of such temporary
occupancy permit, and good cause shown by the Applicant that such
extension is necessary and in accordance with the intent of this Article.
B.
Landscaping. Prior to issuance
of final occupancy for any new Building or Structure, any required
landscaping shall be completed in accord with approved landscape plans.
C.
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 Use allowed
by Special Use Permit to temporarily relocate within a Zoning 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 Commission and
Board explaining what has been approved and the reasons why.
[R.O. 2009 § 447.010; Ord. No. 3567 § 1, 1-28-2016]
A.
Purpose. This Article sets forth Site Plan Review requirements, processes, and review standards for all new Structures, additions, or certain Structural Alterations within the City, except as provided in Subsection (B) below. All applications for Site Plan Review shall be filed with the Community Development Department to be submitted to the Commission for review and recommendations and to the Board.
B.
Exceptions. Unless otherwise
provided for within this Code, Site Plan Review is not required for
the following:
1.
Single-Family or
Two-Family Dwellings and associated Accessory Buildings, Structures,
or Uses.
2.
Exterior Building
remodels, including, but not limited to, new or replacement roofs,
windows, Facade materials (Facade), doors and dock doors, where the
Building Height and/or Gross Floor Area of the Building is not altered.
4.
New and replacement
Decks, canopies, awnings, Patios, Porches, sidewalks, stairs, and
dock ramps.
5.
Driveway or Off-Street
Parking Area resurfacing, replacement, or expansions.
6.
Retaining Walls
under eight (8) feet in height.
7.
Interior remodels
and finishes.
8.
Accessory Buildings,
Structures, or Uses under two hundred (200) square feet and associated
with a Non-Residential Use.
This exception to Site Plan Review
set forth above does not exempt those activities from other applicable
requirements of this Code nor from obtaining all necessary permits.
C.
Off-Site Considerations.
The Site Plan must be reviewed to understand how it will affect the
surrounding development area, its spin-off development, traffic congestion,
adjacent parcels, pavements, and lot size.
D.
Application Submission Requirements
For Site Plan Review. An application for Site Plan Review shall be
submitted on forms prescribed for this purpose by the Director, along
with the application fee in accordance with Addendum A.[1] Said application may be filed by any person submitting
proof of a financial, contractual, or proprietary interest in the
Property to be developed according to the submitted Site Plan.
[1]
Editor's Note: Addendum A, Fee Schedule, is included as an attachment to Chapter 405.
E.
Site Plan Requirements. As
applicable to the application, a Site Plan with sufficient information
for the Director to review the application with the requirements of
this Code shall be included with the application, which may include:
1.
North directional
device and plan scale.
2.
Location, size,
and use of each Building on the Lot.
3.
All required Setbacks
and Buffer Areas.
4.
Elevation renderings,
including Building Height and Facade materials.
5.
Dimensions of the
Lot and Lot Area.
6.
Location of all
existing trees over six-inch caliper.
7.
Location and type
of any proposed landscape materials.
8.
Location, general
design, and width of Driveways, curb cuts, and sidewalks.
9.
Existing and proposed
site grades at a minimum of two (2) feet contour intervals. If a site
has less than five (5) feet of elevation change, one (1) foot contours
shall be required; contour lines shall extend fifty (50) feet off
site.
10.
An erosion and
stormwater runoff control plan.
13.
Location and illumination levels of Off-Street Parking Area lighting standards in accordance with Section 430.110.
14.
Existing and proposed
on-site utilities including stormwater collection and detention, gas,
electricity, cable service and telephone lines, or substations.
F.
The Director may waive the
requirement for a Site Plan or information required thereon or on
the application upon written request of the Applicant and a finding
by the Director that based on the specific facts of the application
such information would not be necessary to review the application
for compliance with this Code.
