Aubrey City Zoning Code
§ 24
BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY.
A.
BUILDING PERMITS REQUIRED.
No building or other structure shall be erected, moved, added to, enclosed, or structurally altered without a permit. For single-family structures, or for any construction which is of a lesser extent but is a part of a single-family structure, including fences, driveways, or room additions, a permit shall be issued by the administrative official. For any other type of building or structure, which is of a multifamily, commercial or industrial type use, no permit shall be issued by the administrative official without prior approval of the planning and zoning commission.
B.
APPLICATION FOR BUILDING PERMIT.
All applications for building permits where the estimated construction costs exceed $1,000.00 shall be accompanied by plans in triplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of buildings already existing, if any, and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the building inspector, including existing or proposed building or alteration, existing or proposed uses of the building and land, the number of families, housekeeping units, or rental units the building is designed to accommodate, conditions existing on the lot, and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this Ordinance.
One (1) copy of the plans shall be returned to the applicant by the building inspector, after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The original and one (1) copy of the plans, similarly marked, shall be retained by the building inspector.
C.
EXPIRATION OF BUILDING PERMIT.
If the work described in any building permit has not begun within six (6) calendar months from the date of issuance thereof, said permit shall expire; it shall be canceled by the building inspector; and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.
D.
CERTIFICATE OF OCCUPANCY REQUIRED FOR NEW OR ALTERED BUILDINGS OR CHANGES IN USE OF NONCONFORMING USES.
(1)
No nonconforming building or use shall be maintained, renewed, changed, or extended until a certificate of occupancy shall have been issued by the building inspector. The certificate of occupancy shall state specifically wherein the nonconforming use differs from the provisions of this Ordinance, provided that upon enactment or amendment of this Ordinance, owners or occupants of nonconforming uses or buildings shall have three (3) months to apply for certificates of occupancy. Failure to make such application within three (3) months shall be presumptive evidence that the property was in a nonconforming use at the time of enactment of this Ordinance.
(2)
No permit for erection, alteration, moving, or structural repair of any building shall be issued until an application has been made for a certificate of occupancy, and the certificate shall be issued in conformity with the provisions of this Ordinance upon completion of the work.
(3)
A temporary certificate of occupancy may be issued by the building inspector for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion, provided that said temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.
(4)
The building inspector shall maintain a public record of all certificates of occupancy.
(5)
Failure to obtain a certificate of occupancy shall be a violation of this Ordinance and punishable under Section 3 of this Ordinance.
E.
CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS, PERMITS, AND CERTIFICATES OF OCCUPANCY.
Building permits or certificates of occupancy issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement, or construction set forth in such 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 Ordinance, and punishable as provided by Section 3.B. hereof.
F.
CERTIFICATE OF OCCUPANCY REQUIRED.
(1)
Certificates of Occupancy Required.
A certificate of occupancy (CO) permit must be obtained on all buildings hereafter erected or structurally altered; which shall include nonresidential or commercial, before any building is occupied and its utilities are turned on. A building must pass an inspection prior to being issued a Certificate of Occupancy permit. The provisions of this section of the ordinance are designed specifically to provide for the safety and well-being of the tenants whom are to occupy said dwellings.
The Building Inspector will issue a written list of violations that must be corrected before the property may be occupied by a tenant; or will instruct, in writing, the City Secretary to issue the Certificate of Occupancy as soon as the property has been inspected and found to be suitable for occupancy.
If initial inspection finds the property does not pass the safety inspection, the inspector will issue a list of repairs that must be completed before the Certificate of Occupancy is issued; when the repairs are completed the inspector will re-inspect the property and if the repairs are in order, will issue the Certificate of Occupancy.
(2)
Fee Established.
A person who applies for a Certificate of Occupancy shall pay a nonrefundable administrative fee. This administrative fee is to cover the cost associated with the inspections, reviewing and maintaining the documentation required by this Chapter. Such fee may appear on the person’s water utility statement. The Director of Public Works is authorized to collect such charges in a manner consistent with this Ordinance, City Codes and State law.
(3)
Expiration.
If a property is unoccupied for more than 180 days, a new Certificate of Occupancy must be completed before tenant can occupy property.
(4)
Penalty for Violations and Other Remedies.
A person who violates any provision of this Chapter by performing an act prohibited or by failing to perform an act required is guilty of a misdemeanor; each day the violation continues shall be a separate offense.
(5)
Appeal.
A person may appeal the decision of the Building Inspector by making a written request for appeal to the Mayor or designee within seven business days of the adverse decision or action. The appeal hearing shall be conducted as soon as practicable following receipt of the notice of appeal. The appeal shall be heard by the Mayor. An adverse decision of the Mayor may be appealed by written notice to the City Board of Adjustment, whose decision shall be final and binding.
(6)
A Certificate of Occupancy shall be required for the following:
(a)
occupancy and use of a building hereafter erected or structurally altered;
(b)
change in use of an existing building to a use of a different classification;
(c)
occupancy and use of vacant land, except agricultural Use;
(d)
change in the use of land to a different classification;
(e)
any Nonconforming Use or change in a Nonconforming Use;
(f)
change of tenant, or applicant, or property owner of a lease space or building[.]
No such use, or change of use, shall take place until a Certificate of Occupancy therefor shall have been issued by the Building Official. |
(Ordinance 135-87 adopted 4/14/87; Ordinance 195-94 adopted 2/7/94; Ordinance 285-00 adopted 6/20/00; Ordinance 491-13 adopted 2/19/13; Ordinance 555-15, sec. 2, adopted 4/21/15; Ordinance 560-15, sec. 2, adopted 7/21/15; Ordinance 570-15, sec. 2, adopted 7/21/15; Ordinance 642-18 adopted 9/25/18)