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Bellelair Bluffs City Zoning Code

ARTICLE III

ADMINISTRATION AND ENFORCEMENT

Sec. 102-11.- Planning Official designated; duties.

(A)

Except as otherwise provided in this code, the Planning Official shall administer and enforce this code. No building permit or certificate of occupancy shall be issued except where the provisions of this code have been complied with.

(B)

Duties of the Planning Official shall be as follows:

(1)

If the Planning Official shall find any of the provisions of this code are being violated, he shall notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it.

(2)

The Planning Official shall order the discontinuance of illegal use of land, buildings or structures, the removal of illegal buildings or structures or of additions, alterations or structural changes thereto, or the discontinuance of any illegal work being done or shall take any other action authorized by this code to assure compliance with or to prevent violation of its provisions.

(3)

The Planning Official shall review all development permits to assure that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

(4)

The Planning Official shall verify and record the actual elevation, in relation to mean sea level, of the lowest floor (including basement) of all new or substantially improved structures.

(5)

The Planning Official shall verify and record the actual elevation, in relation to mean sea level, to which the new or substantially improved structures have been floodproofed.

(6)

When floodproofing is utilized for a particular structure, the Planning Official shall obtain from the property owner certification from a registered professional engineer or architect.

(7)

Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the Planning Official shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this code.

(8)

When base flood elevation data has not been provided in accordance with Subsection B(5), then the Planning Official shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source in order to administer the provisions of Subsection B(5).

(9)

The Planning Official shall review all permit applications and subdivision proposals made to the city to determine whether a proposed building site or new development proposal will be reasonably safe from flooding and shall require the proper application of the management criteria and procedures established in Section 60.3 of the National Flood Insurance Program Regulations (44 CFR Chapter 1, Subchapter B, Part 60), as amended, when applicable.

(Amended 3-15-1993 by Ord. No. 93-2; amended 11-15-2004 by Ord. No. 2004-11, § 2; amended 6-20-2022 by Ord. No. 2022-04, § 1)

Sec. 102-12. - Building permits.

No building or structure shall be erected, added to or structurally altered until a permit therefor has been issued by the designated official. All applications for such permits shall be in accordance with the requirements of the city, and unless upon written order of the Board of Adjustment, no such building permit or certificate of occupancy shall be issued for any building where said construction, addition or alteration of use thereof would be in violation of any of the provisions of this code.

A.

Matter accompanying application. There shall be submitted with all applications for building permits three copies for residential and four copies for commercial of the layout or plot plan drawn to scale, showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings to be erected and such other information as may be necessary to determine and provide for the enforcement of this code.

B.

Payment of fee. One copy of such layout or plot plan shall be retained by the city when approved by the designated official and the remainder will be provided to the applicant upon the payment of the current required fee, if any.

(Amended 11-15-2004 by Ord. No. 2004-07, § 1; amended 6-22-2015 by Ord. No. 2015-12, § 1)

Sec. 102-13. - Certificates of occupancy.

A.

No use of any land or structure shall be commenced until such time as the proper certificate of occupancy shall have been issued in accordance with the provisions of this section.

B.

The proposed use must conform to all the requirements of these regulations, including all the specific requirements of the particular land use classification district within which said proposed use is planned.

C.

Upon applying for a building permit for a new building or for the alteration of any existing building, the owner must make application for a certificate of occupancy and furnish the following information:

(1)

Location of property.

(2)

Land use classification.

(3)

Proposed use of property.

(4)

Description of construction or alterations.

D.

At the completion of the project requiring one, a regular certificate of occupancy on a form to be prescribed for said purpose shall be issued by the designated official, stating the following information:

(1)

Location of property.

(2)

Proposed use of property.

(3)

Owner.

(4)

Description of construction or alteration.

(5)

Dates of final inspections.

E.

Subsequent changes in the use of the property or alterations of any said building or buildings shall require a new application for a building permit and a certificate of occupancy and a land use permit and the issuance of such certificate or permits before such use or alteration can be made. Any changes in approved construction plans, drawings, diagrams or other materials shall be submitted to the designated official for approval before any change envisioned by such change in said plans shall be incorporated into the completed project.

F.

Certificates of occupancy shall be issued by the proper authority upon payment of the prescribed fee.