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Aledo City Zoning Code

CHAPTER 14

PERMITS

10-14-1: PERMIT REQUIRED:

It shall be unlawful to construct, add to, alter, remove or demolish, or to commence the construction, addition, alteration, removal or demolition of a building or structure or install equipment for the operation of a building or structure without first filing with the enforcing officer an application in writing and obtaining a formal permit. In addition thereto, it shall be unlawful to engage in any of the following acts or activities without first filing with the enforcing officer an application in writing and obtaining a formal permit:
   (A)   To establish any new use of property;
   (B)   To change the use of any building, structure of land from one classification to another.
   (C)   To excavate or build any foundation.
   (D)   To erect, construct, reconstruct, enlarge or move any building or structure.
   (E)   In the case of a nonconforming use, to change from one use to another.
   (F)   Concrete, stone, wood, and masonry or fences which cannot be viewed through shall require a permit; and
   (G)   Governmental bodies, nonprofit organizations, and charitable organizations shall conform to the provisions of this Code and shall be required to obtain a permit, except that no permit fee shall be required.
No permit shall be required for any of the following acts or activities:
   (A)   Routine maintenance or repair of buildings, structures, or equipment, such as repainting or reroofing a building, relining a blast furnace, or reballasting a railroad track.
   (B)   Construction or alterations costing less than three hundred dollars ($300.00); nevertheless, any said construction or alterations falling within this subsection shall still comply with any and all provisions of this title or other ordinances duly enacted by the City.
   (C)   Buildings, structures or land used or to be used for agriculture; however, in the interest of public health, the water supply and sewage facilities in connection with an agricultural dwelling use shall not be exempt; and
   (D)   A permit for construction of service connection to a Municipally owned and operated utility shall not be required. (Ord. 34/79, 4-30-1980)

10-14-2: APPLICATION FORM AND INFORMATION REQUIRED:

Applications for permits shall be filed in written form with the City Clerk and shall be referred by him to the enforcing officer for investigation and action. Such applications shall state legal description of the property, the name and address of the owner, the applicant and the contractor, the estimated costs, and shall describe the uses to be established or expanded and shall give such information as may be required by this title for its proper enforcement. In addition thereto, such applications for a permit shall be submitted in such form and shall give such additional information as may be required by the enforcing officer in order for him to have a thorough understanding of the work proposed. Furthermore, in case the application is made by an owner or contractor who is a corporate body, then such application shall also contain the full name and address of the responsible officer of said corporation who is submitting such application for consideration. (Ord. 34/79, 4-30-1980)

10-14-3: DRAWING AND PLANS TO ACCOMPANY APPLICATION:

All applications for permits shall be accompanied by drawings of the proposed work, drawn to scale, showing, when necessary, such things as floor plans, sections, elevations, structural details, lot areas to be used, auto parking areas, water supply and sewage disposal facilities, and such other information as may be required by the enforcing officer in order for him to have a thorough understanding of the work proposed so that a proper determination can be made whether said proposed plans and/or drawings comply with the provisions of any applicable ordinances enacted by the City. (Ord. 34/79, 4-30-1980)

10-14-4: ACCESSORY BUILDINGS:

Each permit issued for a main building shall also cover any accessory structures or buildings constructed at the same time on the same premises, and such permit shall be posted in plain sight on the premises for which it is issued. (Ord. 8/53, 1-18-1954; amd. 1969 Code)

10-14-5: EXPIRATION AND REVOCATION OF PERMIT:

A permit under which no work is commenced within ninety (90) days after issuance shall expire by limitation and a new permit shall be secured before work is started. Furthermore, a permit shall be revoked by the enforcing officer when he shall find from either personal inspection or from other confident evidence that the rules or regulations under which said permit has been issued are being violated. (Ord. 34/79, 4-30-1980)

10-14-6: RECORDS:

All applications and copies of all permits issued shall be systematically filed and kept in the Office of the City Clerk for ready reference. (Ord. 8/53, 1-18-1954; amd. 1969 Code)

10-14-7: COST:

(Rep. by Ord. 19/2017, 6-5-2017)

10-14-8: DENIAL OF PERMITS:

The enforcing officer shall, where such uses would be detrimental to adjacent property and to the ultimate development, discourage and deny permits for:
   (A)   Unusual locations of buildings and structures such as excessive setbacks unless justified by topography or other existing features.
   (B)   Dwelling and structures of a temporary or partially completed nature.
   (C)   Dwellings with less than six hundred (600) square feet of floor area. (Ord. 8/53, 1-18-1954; amd. 1969 Code)

10-14-9: PERSONS AUTHORIZED TO MAKE APPLICATION:

Application shall be made by the owner or lessee, or agent of either, or the architect, engineer or builder employed in connection with the proposed work. If such application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner in fee or the person making the application that the proposed work is authorized by the owner in fee and that the person making the application is authorized to make such application. (Ord. 34/79, 4-30-1980)

10-14-10: AMENDMENTS TO APPLICATION:

Nothing in this title nor any other ordinance enacted by the City shall prohibit the filing of amendments to an application or to a plan or other record accompanying same at any time before the completion of the work for which the permit was issued. Such amendments shall be filed with and be deemed a part of the original application if approved before the certificate of occupancy, if required, has been issued, otherwise a new application for the alteration shall be made and a permit secured. (Ord. 34/79, 4-30-1980)

10-14-11: PLOT PLAN:

When required by the building official, there shall be submitted a plot plan in a form and size designated by the enforcing officer for filing permanently with the permit record, drawn to scale, with all dimensions figured, showing accurately the size and exact location of all proposed new construction and the relation to other existing or proposed buildings or structures on the same lot and other buildings or structures on an adjoining property within fifteen feet (15') of the property lines. In the case of demolition, the plot plan shall show the buildings or structures to be demolished and the buildings or structures on the same lot that are to remain. (Ord. 34/79, 4-30-1980)

10-14-12: ACTION ON APPLICATION:

The enforcing officer shall examine applications for permits, within a reasonable time after filing. If, after examination, he finds no objections to the same and it appears that the proposed work will be in compliance with the laws and ordinances applicable thereto and the proposed construction or work will be safe, he shall approve such application and issue a permit for the proposed work as soon as practicable. If his examination reveals otherwise, he shall reject such application, note his findings in a written report to be attached to the application and deliver a copy to the applicant. The reasonable time provision for reviewing an application for permit is hereby deemed to be absolutely essential in order to give the enforcing officer sufficient time to determine if the application for permit is in compliance with all of the ordinances duly enacted by the City. (Ord. 34/79, 4-30-1980)

10-14-13: APPROVAL OF PERMIT IN PART:

Nothing in this title or in any other ordinance enacted by the City shall be construed to prevent the enforcing officer from issuing a permit for the construction of part of a building or structure before the entire plans and detailed statements of said building or structure have been submitted or approved, provided adequate information and detailed statements had been submitted for the same and have been found to comply with this title. (Ord. 34/79, 4-30-1980)

10-14-14: PERMIT FOR REMOVAL:

(Rep. by Ord. 19/2017, 6-5-2017)

10-14-15: COMPLIANCE WITH PERMIT:

All work performed under a permit issued by the enforcing officer shall conform to the approved application and plans, and approved amendments thereto. The location of all new construction as shown on the approved plot plan or an approved amendment thereto, shall be strictly adhered to. (Ord. 34/79, 4-30-1980)

10-14-16: REDUCING OR DIMINISHING LOT AREA:

It shall be unlawful to reduce or diminish the area of a lot or plot of which a plot plan has been filed and has been used as the basis for a permit, unless a revised plot plan showing the proposed changes in conditions shall have been filed and approved; provided that this shall not apply when the lot is reduced by reason of a street opening or widening or other public improvement. (Ord. 34/79, 4-30-1980)

10-14-17: SIGNATURE REQUIRED ON PERMIT:

Every permit issued by the enforcing officer under the provisions of this title shall have his signature affixed thereto; but this shall not prevent him from authorizing a subordinate or other duly authorized City official to affix the enforcing officer's signature. (Ord. 34/79, 4-30-1980)

10-14-18: POSTING OF PERMIT:

A copy of the permit shall be kept on the premises for public inspection during the prosecution of the work and until the completion of the same. The enforcing officer may require a certified copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof. (Ord. 34/79, 4-30-1980)

10-14-19: COMMENCEMENT NOTICE TO BE GIVEN:

The enforcing officer shall be given at least twenty four (24) hours' notice of the starting of work under a permit. (Ord. 34/79, 4-30-1980)

10-14-20: COMPLETION OF WORK; AUTHORIZATION:

Nothing in this title shall require changes in the plans, construction or designated use of a building or structure or portion thereof for which a lawful permit has been heretofore issued or which has been otherwise lawfully authorized, and the construction of which shall have been actually begun within ninety (90) days after these zoning ordinance amendments and modifications as herein set forth become effective and which entire building or structure shall be completed, as authorized, within two (2) years thereafter. (Ord. 34/79, 4-30-1980)