[CC 1976 App. A §11.01; Ord. No. 2449 §1, 11-14-1988]
This Article contains the regulations pertaining to administration
and enforcement of the provisions of this Chapter, issuance of permits
and certifications, inspection of property, and issuance of stop work,
stop use orders, and enforcement of violations of the provisions of
this Chapter.
[CC 1976 App. A §11.02; Ord. No. 2449 §1, 11-14-1988]
A.
This
Chapter shall be administered and enforced by the Director of Public
Works, who shall have the following duties with respect to this Chapter:
1.
May designate one (1) or more additional members of the department,
as well as members of other City departments who have a particular
skill or competence, to act for the Director of Public Works or the
Zoning Enforcement Officer, and the term "Director of Public
Works" or "Zoning Enforcement Officer" as
used elsewhere in this Chapter shall be deemed to include such deputies.
2.
Shall approve the building permits. Such approval
shall be by approval of the plot plan required by the Overland Building
Code, except as otherwise provided by this Chapter.
3.
Shall approve occupancy or other appropriate permits.
4.
May cause the cessation of any erection, construction, reconstruction,
alteration, conversion, maintenance or use in violation of this Chapter
by issuing a stop work or stop use order.
5.
May adopt such administrative policies as he/she deems necessary
to the carrying out of his/her enforcement responsibilities, which
policies shall have general applicability to cases of similar character.
6.
Certify whether any lot or parcel of land in Overland lies within
or outside of the "FP" Floodplain District.
7.
May determine the actual location of a boundary line between Zoning Districts, where such line does not coincide with a property line or district boundary line. Such determination shall be subject to appeal before the Board of Zoning Adjustment in accordance with Article XVI.
8.
May refer any violation of the Zoning Code to the City Attorney for
prosecution or other appropriate action when deemed necessary.
[CC 1976 App. A §11.03 and §§18-13, 18-67; Ord. No. 1003 §2, 5-8-1967; Ord.
No. 2449 §1, 11-14-1988; Ord. No. 93-38 §1, 8-9-1993; Ord.
No. 2003-61 §1, 9-23-2003]
A.
Building Permits.
1.
It shall be unlawful to commence or to proceed with the erection,
construction, major reconstruction, conversion, alteration, enlargement,
extension, razing, or moving of any building or structure or any portion
thereof without first having applied in writing to the Director of
Public Works for a building permit to do so and a building permit
has been granted therefor. However, this requirement shall not be
interpreted as including normal maintenance or minor repair of existing
structures. Primary responsibility for securing the necessary permits
shall be the property owner's.
2.
However, if the property owner enters into a contract for all or
a portion of the proposed work, the contractor shall have primary
responsibility to ensure that all required permits and approvals have
been secured prior to any work being initiated, except that the property
owner of any multi-family, commercial or industrial property shall
have secondary responsibility to ensure such compliance.
3.
Blank forms shall be provided by the Director of Public Works for
the use of those applying for permits as provided in this Section.
Any permits issued by the Director of Public Works shall be on standard
forms for such purpose. There shall be a separate permit for each
building or structure to be constructed, altered, or erected except
for accessory buildings which may be included in the permit for the
principal building when construction is simultaneous. Following issuance
of the required permit, the applicant's copy shall be prominently
posted at the site of the proposed work in the public view.
4.
Any building permit under which no construction work has been commenced
within six (6) months after the date of issuance of said permit or
under which proposed construction has not been completed within one
(1) year of the time of issuance shall expire by limitation.
B.
Voiding Of Building Permit. A permit may be revoked by the
Director of Public Works at any time prior to the completion of the
building or structure for which the same was issued, when it shall
appear to him/her that there is departure from the plans, specifications,
or conditions as required under terms of the permit, that the same
was procured by false representations, or that any provisions of this
Chapter are being violated. Written notice of such revocation shall
be served upon the owner, his/her agent, or contractor, or upon any
person employed on the building or structure for which such permit
was issued, via a stop work order, which shall be posted in a prominent
location, and thereafter no such construction shall proceed.
C.
Occupancy Permits.
1.
No building or structure or part thereof shall hereafter be constructed
or altered until issuance of a proper permit. No new use, extension
or alteration of an existing use, or conversion from one (1) use to
another, shall be allowed in any building, structure or land or part
thereof until issuance of a proper permit; except that no permit shall
be required for the raising of agricultural crops, orchards or forestry.
No occupancy permit shall be issued for any use or change in use unless
such use or change in use is in conformity with the provisions of
this Chapter.
2.
Failure to advise of change in occupancy of rental units. The owner of any rental property within the City shall supply to
the City Clerk the name of any new tenant and the address of the rental
unit so occupied within thirty (30) days following the change of occupancy
of any rental unit within the City. Failure to comply with the provisions
of this Section shall constitute an offense.
D.
Temporary Certificates Of Occupancy.
1.
Pending the issuance of a regular certificate, a temporary certificate
of occupancy may be issued by the Director of Public Works for a period
not exceeding six (6) months during completion of alterations not
deemed to endanger health and safety, or for partial occupancy of
a building pending its completion.
2.
As a condition to the approval of the temporary occupancy permit,
the Director of Public Works shall require a deposit by the applicant
with the City Clerk in the form of cash, certified check, or surety
bond acceptable to the City to insure completion of any remaining
improvements necessary to achieve final occupancy. The deposit shall
be in an amount sufficient to insure completion of the improvements
within the period specified upon the permit and as established by
the Director of Public Works. The Clerk may rebate to the applicant,
as the work progresses, amounts equal to the ratio of the work completed
to the entire improvements required, upon authorization by the Director
of Public Works. Upon receipt of the final occupancy permit, the applicant
may submit his/her copy to the City Clerk, who may then release any
remaining amounts of the applicant's security.
E.
Certificate Of Occupancy For Land. A certificate of occupancy
for the use of vacant land or the change in the character of the use
of land as herein provided shall be applied for before any such land
shall be occupied or used, and a certificate of occupancy shall be
issued within three (3) days after the application has been made,
provided such use is in conformity with the provisions of these regulations.
F.
Certificate Of Occupancy Contents, Records. The certificate
of occupancy shall state that the building or proposed use of a building
or land complies with all the building and health laws and ordinances
and with the provisions of these regulations. A record of all certificates
shall be kept on file in the office of the Building Commissioner,
and copies shall be furnished, on request, to any person having a
proprietary or tenancy interest in the building affected. No fee shall
be charged for copies of the certificate of occupancy.
G.
Grading Permit. It shall be unlawful for any person to clear,
grade, excavate, fill, remove topsoil from, or change the contour
of any land within the City unless a plan for such work has been submitted
to the Director of Public Works for review and approval, and a permit
therefor has been issued. The following exceptions to this requirement
shall apply:
1.
Any reconstruction, repair, or alteration of any existing building,
or structure, when no land, trees, shrubs, grass, or other vegetation
is to be disturbed, destroyed, or removed.
2.
The planting, trimming, pruning, or removal of trees, shrubs, grass, weeds, vegetation, ground cover, or other plant material in accordance with the landscape element of an approved site plan in accordance with Article IX, or when such actions are incidental to, and part of, the normal maintenance of land and property in the City of Overland.
H.
Voiding Of Occupancy Permit. Any occupancy permit granted
under this Chapter shall become null and void unless construction
and/or use is commenced within one hundred eighty (180) days and construction
completed within three hundred sixty (360) days of the date of issuance.
I.
Stop Work Orders. The cessation of any erection, construction,
reconstruction, alteration, conversion, maintenance or use in violation
of this Chapter may be effected by posting a stop work or stop use
notice on the premises or by notice in writing to the owner of the
property involved or his/her agents or to the person doing the work,
in the case of a stop work order, stating the nature of the violation.
J.
Floodplain Certification. Applications for floodplain certification
shall be upon the form designated by the Director of Public Works,
and shall include the locator number of the parcel of land for which
certification is sought.
K.
Compliance With Permits And Certificates. Permits or certificates issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Chapter, and punishable as provided by Article XIII herein.
L.
Additional Studies And Legal Technical Review. The Council
or Director of Public Works may require applicants to submit any technical
studies that the City deems necessary to enable the appropriate person
or entity to fully evaluate the application. Examples of technical
studies that may be required shall include, but not be limited to,
traffic studies, engineering studies, geologic or hydrogeologic studies,
flood studies, environmental impact assessments, noise studies, or
surface water management/drainage studies. The persons or firms preparing
the studies shall be approved by the City Engineer. The costs of all
studies shall be borne by the applicant.
M.
Conditional Use Permit — Special Use Permit — Intentional
Violation Of Terms And Conditions. It shall be unlawful
for any person who occupies any premises or conducts a business pursuant
to the issuance of a special use permit or conditional use permit
issued pursuant to the provisions of the Code of Regulations of the
City of Overland to intentionally violate any of the terms or conditions
set forth in said special use permit or conditional use permit. Any
person found guilty of intentionally violating the terms or conditions
of said special use permit or conditional use permit shall be guilty
of an ordinance violation and subject to the fines and penalties and
court costs set forth in this Chapter.
[CC 1976 App. A §11.04; Ord. No. 2449 §1, 11-14-1988]
A.
The
Planning and Zoning Commission or its authorized representatives are
hereby empowered, to the fullest extent of the law, in the performance
of their functions, to enter upon any land in Overland for the purpose
of making inspection, examinations, and surveys, or to place and maintain
thereon monuments, markers, notices, signs, or placards in order to
effect the provisions of this Chapter. The above authorized person(s)
shall be required to present proper credentials upon demand when entering
upon any land or structure for the purpose of this Chapter.
B.
The
Director of Public Works is authorized to inspect or cause to be inspected
any building or other structure or any land on which work is in progress.
[CC 1976 App. A §11.05; Ord. No. 2449 §1, 11-14-1988]
A.
The
City Council shall establish a schedule of fees, charges, and expenses,
and a collection procedure for building permits, certificates, appeals,
and other matters pertaining to this Chapter. The schedule of fees
shall be posted in the office of the Director of Public Works and
may be altered or amended only by the City Council. No permit, certificate,
conditional use, approval or variance shall be issued unless or until
such costs, charges, fees or expenses listed in this Chapter have
been paid in full, nor shall any action be taken on proceedings before
the City Council, unless or until fees have been paid in full.
B.
In
addition to payment of applicable filing fees, each application for
a rezoning, conditional use permit, planned development plan, or site
plan shall, if deemed appropriate or necessary by the Director, shall
also be submitted by the City for review by its consultants for planning,
engineering, legal or other applicable review to determine conformance
of such applications with City ordinances or other requirements. To
the extent the City incurs actual costs from such review due to use
of consultants, the applicant shall bear such reasonable costs. Unless
other studies or additional review are contemplated, or unless such
consultant review is waived by the Director, the applicant shall submit
payment at the time of application of two thousand dollars ($2,000.00)
to cover such expenses, unless such other amount as is reasonably
estimated by the Director as required for review of the submission.
In the event actual reasonable costs are or are expected to be in
excess of this payment, the Director shall inform applicant of such
costs and applicant shall provide payment. Any funds not used by the
City for review purposes shall be refunded to the applicant. Payment
for review services shall be paid by the applicant prior to formal
review or processing by the City.
