Bell City Zoning Code
ARTICLE 16
Permitting
§ 16.01 General Requirements.
No permit pertaining to the use of land or permits as required by building codes for the erection, enlargement, or structural alteration of a building or structure shall be issued by an officer, department, or employee of The City of Bells until permits have been examined by the Permitting Vendor and the Planning and Zoning Commission, indicating that the applications comply with the provisions of this chapter.
(Ordinance 99-0928-A adopted 10/12/21)
§ 16.02 Permit Materials.
This provision is applicable to any structure, including accessory structures, whose ground floor area exceeds 144 square feet, or any additions to existing structures where the change will enlarge the ground floor area of the structure, regardless of the size of the addition and when concerning electrical and plumbing. However, it does not apply to any interior alterations or any exterior change which does not alter the ground floor area. The applicant for a building permit shall submit the following materials as required:
Activity/Use | Permit |
|---|---|
Single-family detached and double-family dwellings | Sketch plan |
Multiple-family dwellings | Site plan |
Nonresidential building/structure | Site plan |
Establishment of a new conditional use | Site plan |
Planned Unit Development | Site plan |
Construction solely on the building interior that does not increase usable floor area | Exempt |
Cosmetic (non-structural) changes to any structure including the replacement of windows in existing openings, re-roofing, the installation of siding material, and repainting | Exempt |
Wireless communication facility-cell towers | Site plan |
Change in use to an existing building to a similar or less intensive use, as determined by the Planning and Zoning Commission based upon the classification of uses in the district | Exempt |
Change in use to an existing building to a more intensive use, as determined by the Planning and Zoning Commission | Sketch plan |
Temporary uses including large tents for events, buildings, structures, awnings and seasonal events | Sketch plan |
Temporary storage/accessory structures | Sketch plan |
Accessory commercial or industrial outdoor storage | Site plan |
New parking lot/loading area or change in driveway access for a nonresidential use | Site plan |
Expanding an existing parking lot or paving an existing gravel parking lot | Site plan |
Resurfacing of existing parking lot without increasing number of spaces | Exempt |
Residential driveways and sidewalks that are located entirely on private property | Sketch plan |
Construction, relocation or erection of signs, retaining walls, fences, walls, waste receptacle, sidewalks, antennas, lights, poles, cooling/heating or other mechanical equipment for any nonresidential use | Sketch plan |
All fences (landscaping, privacy or security) and all retaining walls | Sketch plan |
Residential TV towers, satellite dishes, and other similar structures | Exempt |
Modifications to comply with accessibility/ADA requirements | Exempt |
Mineral extraction | Site plan |
Private ponds | Sketch plan |
(a)
Major activities such as commercial or industrial uses require a full engineered site plan. Minor activities such as single-family residential dwellings may provide a less detailed sketch plan, provided the level of detail is sufficient to demonstrate compliance with this ordinance.
(b)
All construction activity shall be subject to the building permit and inspection requirements of the Building Code, in addition to the requirements of this ordinance. A drawing shall be provided to the Planning and Zoning Commission prior to commencement of any excavation, directional boring, or other subsurface disturbance.
(Ordinance 99-0928-A adopted 10/12/21)
§ 16.03 Site/Sketch Plan Requirements.
The application for a permit shall be accompanied by the following:
(a)
A description of the proposed development and legal description of the property site.
(b)
A dimensioned site plan or sketch plan, drawn to scale showing existing and proposed structure locations and existing and proposed land grades. Engineered site plans must include all of the information listed below. Sketch plans shall include the information noted with an “X”; provided the level of detail is sufficient to demonstrate compliance with this ordinance.
Site Plan/Sketch Plan Information | Sketch Plan | Site Plan |
|---|---|---|
Name, address and seal of professional engineer or land surveyor who prepared the site plan | X | X |
The address of the parcel | X | X |
Photograph of existing site conditions | X | X |
Property survey showing topography, existing structures, utilities and elevation | X | X |
Property boundaries, including dimensions | X | X |
Net lot area (exclusive of any road right-of-way, or submerged land) | X | X |
Drawing scale and a north arrow | X | X |
Site location map showing the subject property, adjacent streets, and the nearest intersection | – | X |
Zoning of site and adjacent land | X | X |
Rights-of-way (with street name and classification labeled) and easements | X | X |
Drainage courses, floodplains, lakes, streams and wetlands | X | X |
Required setbacks and yard areas | X | X |
Adjacent buildings, structures or pavement within 100 feet of site, including buildings and decks on adjacent waterfront lots | X | X |
All existing and proposed structures or other site improvement with the dimensions of such improvements | X | X |
Height of all existing structures and proposed | X | X |
Distances from all proposed structures to the property lines | X | X |
Utility information including water mains, water service leads, fire hydrants and sewer lines | – | X |
Location of any existing or proposed driveway and/or parking areas | X | X |
Parking space dimensions, number of required and provided parking spaces, driving aisle widths, pavement materials, curb locations | – | X |
Driveway widths, intersection radii, pavement materials, curb locations, deceleration tapers, and distances to the nearest drives on the same and opposite side of the street | – | X |
Location of any drive-through facilities, including vehicle stacking spaces and point of service | – | X |
Location of any loading areas | – | X |
Sidewalks (public and private) including construction details and accessible ramp details; | – | X |
Landscaping, with plant materials labeled according to size at planting and species | – | X |
Permanent or occasional outdoor storage, sales, and/or display | X | X |
Fences or walls | X | X |
Photometric plan and detailed specifications for all exterior lighting fixtures | – | X |
Waste containers and a detail demonstrating how they are to be enclosed | X | X |
Location, type, and dimensions of any stormwater structures, stormwater landscaping, conduits, or detention/retention ponds that are located on, cross, or adjoin the subject property | – | X |
General grades on-site sufficient to determine proper drainage | X | X |
Flood hazard areas, including the finished floor elevation, base flood elevation, and flood protection grade for all structures; | X | X |
(c)
All plans shall be based on an accurate survey prepared by a licensed land surveyor.
(d)
A letter of approval from a licensed surveyor relative to drainage plan and setbacks from legal drains.
(e)
A letter of air space approval, if so applicable.
(f)
The Planning and Zoning Commission shall have discretion as to what information shall be required in order to determine conformity with the zoning ordinance. Any additional site/sketch plan requirements may be waived.
(Ordinance 99-0928-A adopted 10/12/21)
§ 16.04 Permit Review.
(a)
Upon receipt of an application for a permit and site plan/sketch plan, it shall be reviewed by all applicable departments, including planning, engineering, fire, water and sewer, as applicable or site plan review committee. The departments shall provide their recommendations to the Planning and Zoning Commission as to whether the application complies with this ordinance, other ordinances and other applicable building, and engineering codes. Based upon department reviews and [sic] the Planning and Zoning Commission shall determine if the site plan/sketch plan complies with the requirements of this ordinance.
(b)
If the application for a permit is approved, the applicant shall post the permit on the property in question in plain sight.
(c)
All necessary building permits shall be obtained prior to commencing construction.
(d)
Buildings shall be completed for issuance of an occupancy certificate within one (1) year from the initiation of construction, or a building permit extension must be obtained.
(Ordinance 99-0928-A adopted 10/12/21)
§ 16.05 Occupancy Certificate.
(a)
Any land, vacant on the effective date of this chapter, and any building, structure, or addition or major alteration thereto, constructed after the effective date of this chapter shall not be used or occupied until an occupancy certificate has been issued by the Permitting Vendor. No new use shall be made of any land, building, or structure until an occupancy certificate has been issued.
(b)
Every application for a building permit shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new use of land or existing building or structure where no building permit is required shall be made to the Permitting Vendor.
(c)
Time of issuance.
(1)
An occupancy certificate shall be issued only after the Permitting Vendor has inspected the premises and finds:
(d)
The Permitting Vendor may issue only one temporary occupancy certificate for each application for a building permit as follows:
(1)
For a period not to exceed six (6) months from the date of its issuance, and with provisions, if required, for an extension of not more than a total of three additional months;
(2)
That the portion of the land, building, or structure for which the temporary occupancy certificate is issued has been completed and meets the requirements as set forth above, and the remaining portion of the land, building, or structure is in the process of completion.
(3)
Temporary extensions shall be made only in extenuating circumstances and at the discretion of the Planning and Zoning Commission.
(e)
Every occupancy certificate shall be dated, shall state that the use or occupancy complies with the provisions of this chapter and shall be signed by the City Administrator.
(Ordinance 99-0928-A adopted 10/12/21)
§ 16.06 Records.
A record of each improvement location permit and each occupancy certificate shall be kept by City Secretary. Upon request, a copy shall be furnished to any person having proprietary interest in the structure concerned.
(Ordinance 99-0928-A adopted 10/12/21)
§ 16.07 Performance Guarantees.
(a)
Where required by this ordinance or as a condition of approval for a permit under this ordinance, a guarantee in a form acceptable to the City of Bells, such as a bond, cash deposit, certified check or irrevocable bank letter of credit shall be provided.
(b)
In instances where all required improvements are not completed, and a temporary certificate of occupancy is requested, the estimated cost of completing the improvements shall be provided in the form of a guarantee acceptable to the City of Bells, such as a bond, cash deposit, certified check or irrevocable bank letter of credit.
(c)
The guarantee shall include a schedule and breakdown of itemized costs assigned to the different improvements. Monies may be released to the applicant in proportion to work completed on the different elements after inspection of work and approval of the Permitting Vendor. Any partial release of funds shall not reduce the amount of the remaining guarantee to less than ten percent (10%) of the original amount, which shall be retained by the City of Bells until all work has been completed and subsequently inspected and approved by the Permitting Vendor.
(Ordinance 99-0928-A adopted 10/12/21)