It shall be the duty of the building inspector to see that this title is enforced. Appeal from the decision of the building inspector may be made to the board of adjustment as provided in section 11-3-3 of this title. (1997 Code §17.48.120)
11-2-2: INTERPRETATION AND CONFLICT OF PROVISIONS:
In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of the public health, safety, morals, order, convenience, happiness, prosperity and general welfare. It is not intended by this title to interfere with, or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that wherever this title imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or permits, or by easements, covenants or agreements, the provisions of this title shall govern. (1997 Code §17.48.090)
11-2-3: BOUNDARIES OF DISTRICTS:
Where uncertainty exists with respect to the boundaries of the various districts, as shown on the building zone map attached to the ordinance codified in this title and made a part of this title, the following rules shall apply:
A. The district boundaries are either streets or alleys unless otherwise shown, and where the designation on the map attached to the ordinance codified in this title and made a part of this title indicates that the various districts are approximately bounded by street or alley lines, the streets shall be construed to be the boundary of such district.
B. Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks, and lots, the district boundaries shall be construed to be lot lines; and where the designation on the map attached to the ordinance codified in this title and made a part of this title indicates that the various districts are approximately bounded by lot lines, the lot lines shall be construed to be the boundary of such district, unless the boundaries are otherwise indicated on the map. (1997 Code §17.48.100)
11-2-4: PERMIT REQUIREMENTS; FEES:
A. Permit Required: It is unlawful to construct or alter any building or structure in the town, excepting fences, when the cost of such construction exceeds one hundred dollars ($100.00), or where the effect of such construction or alteration is to enlarge the capacity or affect the bearing walls or the roof thereof, without having first secured a permit therefor. (1997 Code §17.48.010)
B. Application For Permit: Application for such permits shall be made to the office of the town clerk and should be accompanied by plans and specifications in duplicate showing the work to be done. Such plans shall be verified by the signature of both the owner of the premises and the contractor in charge of the operation. (1997 Code §17.48.020)
C. Plan Approval With Application: Such applications with plans shall be referred to the building inspector, who shall examine same to determine whether or not the proposed construction or alteration will comply with the ordinance provisions relative thereto. Upon approval, one set of plans shall be returned to the applicant with a permit and the other shall be retained by the building inspector. No permit shall be issued until after approval of the plans. (1997 Code §17.48.030)
D. Variations To Plans And Specifications: It is unlawful to vary materially from the submitted plans and specifications unless the variations are submitted in an amended plan to the building inspector and approved by him. (1997 Code §17.48.040)
E. Plat Required: Applications for building permits shall be accompanied by a plat in duplicate drawn to scale showing the actual dimensions of the lot to be built upon, the size of the building to be erected, and such other information as may be necessary to provide for the enforcement of these regulations. A careful record of such applications shall be kept in the office of the building inspector. (1997 Code §17.48.080)
F. Permit Fees: The fees for building permits shall be set by resolution of the board of trustees. (1997 Code §17.48.060; amd. 2016 Code)
11-2-5: CERTIFICATE OF OCCUPANCY:
A. Certificate Required; Issuance: Certificate of occupancy for the use of vacant land or the change in 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 ten (10) days after the application has been made, provided such use is in conformity with the provisions of this title.
B. Statement Of Compliance; Records Kept:
1. 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 this title.
2. A record of all certificates shall be kept on file in the office of the building inspector, and copies shall be furnished on request to any person having a proprietary or tenant's interest in the building affected.
3. No fee shall be charged for an original certificate applied for coincident with the application for a building permit; for all other certificates or for copies of the original certificate there shall be a fee charged of one dollar ($1.00) each.
C. Excavation Permit: No permit for excavation for any building shall be issued before application has been made for certificate of occupancy. (1997 Code §17.48.070)
11-2-6: INSPECTIONS AND TESTS:
The building inspector shall make or cause to be made such inspections as are necessary to see to the enforcement of the provisions of this title, and shall make any tests or examinations of materials or methods to be used for the purpose of seeing that they comply with the provisions of this title. (1997 Code §17.48.050)
11-2-7: CHANGES AND AMENDMENTS:
A. Procedure Outlined: The board of trustees may, from time to time, on its own motion or on petition, after public notice and hearing as provided by law, amend, supplement or change the boundaries or regulations herein or subsequently established. Whenever the owners of fifty percent (50%) or more of the frontage in any district or part thereof present a petition duly signed and acknowledged to the board of trustees, requesting an amendment, supplement or change of the regulation prescribed for such district or part thereof, it shall be the duty of the board of trustees to vote upon such petition within ninety (90) days after the filing by the petitioners with the board of trustees; in the case of a protest to the proposed amendment, supplement or change be presented duly signed and acknowledged by the owners of twenty percent (20%), or more, either of the area of the lots included in such proposed change, or those immediately adjacent in the area thereof, extending one hundred feet (100') from the street frontage of such opposite lots, such amendment or change shall not be passed except by two-thirds (2/3) vote of the board of trustees.
B. Publication Of Notice: Whenever under this section, it shall be necessary to publish notice of public hearing in connection with changes or amendments in the zoning regulations or zoning classification, the person or persons applying for the change shall pay to the town the cost of the publication. (1997 Code §17.48.110)
11-2-8: NOTICE OF FILING APPLICATION FOR VARIANCE:
A written notice of the filing of an application for a variance from the application of the zoning regulations shall be sent by the town clerk to all landowners on the same block and to all landowners whose land is adjacent to the street of the property described in any such application. Notice shall be sent by first class United States mail, postage prepaid. Notice shall also be posted at town hall in the same manner as notices of regular or special meetings of the board of trustees. Notice shall be sent and shall be posted at least fifteen (15) days prior to the hearing. In the event that adjacent property is held in common ownership, notice shall be sent to the appropriate homeowners' or condominium association. (Ord. 499, 2-7-2011)
Akron City Zoning Code
CHAPTER 2
ADMINISTRATION AND ENFORCEMENT
11-2-1: ENFORCEMENT:
It shall be the duty of the building inspector to see that this title is enforced. Appeal from the decision of the building inspector may be made to the board of adjustment as provided in section 11-3-3 of this title. (1997 Code §17.48.120)
11-2-2: INTERPRETATION AND CONFLICT OF PROVISIONS:
In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of the public health, safety, morals, order, convenience, happiness, prosperity and general welfare. It is not intended by this title to interfere with, or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that wherever this title imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or permits, or by easements, covenants or agreements, the provisions of this title shall govern. (1997 Code §17.48.090)
11-2-3: BOUNDARIES OF DISTRICTS:
Where uncertainty exists with respect to the boundaries of the various districts, as shown on the building zone map attached to the ordinance codified in this title and made a part of this title, the following rules shall apply:
A. The district boundaries are either streets or alleys unless otherwise shown, and where the designation on the map attached to the ordinance codified in this title and made a part of this title indicates that the various districts are approximately bounded by street or alley lines, the streets shall be construed to be the boundary of such district.
B. Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks, and lots, the district boundaries shall be construed to be lot lines; and where the designation on the map attached to the ordinance codified in this title and made a part of this title indicates that the various districts are approximately bounded by lot lines, the lot lines shall be construed to be the boundary of such district, unless the boundaries are otherwise indicated on the map. (1997 Code §17.48.100)
11-2-4: PERMIT REQUIREMENTS; FEES:
A. Permit Required: It is unlawful to construct or alter any building or structure in the town, excepting fences, when the cost of such construction exceeds one hundred dollars ($100.00), or where the effect of such construction or alteration is to enlarge the capacity or affect the bearing walls or the roof thereof, without having first secured a permit therefor. (1997 Code §17.48.010)
B. Application For Permit: Application for such permits shall be made to the office of the town clerk and should be accompanied by plans and specifications in duplicate showing the work to be done. Such plans shall be verified by the signature of both the owner of the premises and the contractor in charge of the operation. (1997 Code §17.48.020)
C. Plan Approval With Application: Such applications with plans shall be referred to the building inspector, who shall examine same to determine whether or not the proposed construction or alteration will comply with the ordinance provisions relative thereto. Upon approval, one set of plans shall be returned to the applicant with a permit and the other shall be retained by the building inspector. No permit shall be issued until after approval of the plans. (1997 Code §17.48.030)
D. Variations To Plans And Specifications: It is unlawful to vary materially from the submitted plans and specifications unless the variations are submitted in an amended plan to the building inspector and approved by him. (1997 Code §17.48.040)
E. Plat Required: Applications for building permits shall be accompanied by a plat in duplicate drawn to scale showing the actual dimensions of the lot to be built upon, the size of the building to be erected, and such other information as may be necessary to provide for the enforcement of these regulations. A careful record of such applications shall be kept in the office of the building inspector. (1997 Code §17.48.080)
F. Permit Fees: The fees for building permits shall be set by resolution of the board of trustees. (1997 Code §17.48.060; amd. 2016 Code)
11-2-5: CERTIFICATE OF OCCUPANCY:
A. Certificate Required; Issuance: Certificate of occupancy for the use of vacant land or the change in 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 ten (10) days after the application has been made, provided such use is in conformity with the provisions of this title.
B. Statement Of Compliance; Records Kept:
1. 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 this title.
2. A record of all certificates shall be kept on file in the office of the building inspector, and copies shall be furnished on request to any person having a proprietary or tenant's interest in the building affected.
3. No fee shall be charged for an original certificate applied for coincident with the application for a building permit; for all other certificates or for copies of the original certificate there shall be a fee charged of one dollar ($1.00) each.
C. Excavation Permit: No permit for excavation for any building shall be issued before application has been made for certificate of occupancy. (1997 Code §17.48.070)
11-2-6: INSPECTIONS AND TESTS:
The building inspector shall make or cause to be made such inspections as are necessary to see to the enforcement of the provisions of this title, and shall make any tests or examinations of materials or methods to be used for the purpose of seeing that they comply with the provisions of this title. (1997 Code §17.48.050)
11-2-7: CHANGES AND AMENDMENTS:
A. Procedure Outlined: The board of trustees may, from time to time, on its own motion or on petition, after public notice and hearing as provided by law, amend, supplement or change the boundaries or regulations herein or subsequently established. Whenever the owners of fifty percent (50%) or more of the frontage in any district or part thereof present a petition duly signed and acknowledged to the board of trustees, requesting an amendment, supplement or change of the regulation prescribed for such district or part thereof, it shall be the duty of the board of trustees to vote upon such petition within ninety (90) days after the filing by the petitioners with the board of trustees; in the case of a protest to the proposed amendment, supplement or change be presented duly signed and acknowledged by the owners of twenty percent (20%), or more, either of the area of the lots included in such proposed change, or those immediately adjacent in the area thereof, extending one hundred feet (100') from the street frontage of such opposite lots, such amendment or change shall not be passed except by two-thirds (2/3) vote of the board of trustees.
B. Publication Of Notice: Whenever under this section, it shall be necessary to publish notice of public hearing in connection with changes or amendments in the zoning regulations or zoning classification, the person or persons applying for the change shall pay to the town the cost of the publication. (1997 Code §17.48.110)
11-2-8: NOTICE OF FILING APPLICATION FOR VARIANCE:
A written notice of the filing of an application for a variance from the application of the zoning regulations shall be sent by the town clerk to all landowners on the same block and to all landowners whose land is adjacent to the street of the property described in any such application. Notice shall be sent by first class United States mail, postage prepaid. Notice shall also be posted at town hall in the same manner as notices of regular or special meetings of the board of trustees. Notice shall be sent and shall be posted at least fifteen (15) days prior to the hearing. In the event that adjacent property is held in common ownership, notice shall be sent to the appropriate homeowners' or condominium association. (Ord. 499, 2-7-2011)