Zoneomics Logo
search icon

Bellville City Zoning Code

ARTICLE 14

07 ENFORCEMENT AND APPLICATION

§ 14.07.001 Administrative official.

The provisions of this chapter shall be administered and enforced by the city administrator.
(Ordinance 1691 adopted 5/22/2023)

§ 14.07.002 Violations and penalties.

(a) 
Any person, firm, corporation or entity who shall violate or assists in the violation of any of the provisions of this zoning ordinance or who shall fail to comply therewith or with any of the requirements thereof, or who shall commence to erect or alter any building or use in violation of any detailed statement of plan submitted or approved thereunder, shall for each and every violation or noncompliance be guilty of a misdemeanor and upon conviction shall be fined not more than two thousand dollars ($2,000.00) and each day such violation shall be permitted to exist shall constitute a separate offense.
(b) 
In order to enforce the provisions of this chapter, the city attorney is authorized to institute any civil action in the appropriate court upon the prior approval of the city council.
(Ordinance 1691 adopted 5/22/2023)

§ 14.07.003 Fees.

The city council shall adopt zoning fees which shall be found in appendix A, Fee Schedule.
(Ordinance 1691 adopted 5/22/2023)

§ 14.07.004 Inspection of premises.

(a) 
The building inspector or any duly authorized person shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter.
(b) 
Whenever any construction work is being done contrary to the provisions of this chapter, the building inspector may order the work stopped by notice in writing served on the owner or contractor doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the building inspector to proceed with the work.
(Ordinance 1691 adopted 5/22/2023)

§ 14.07.005 Requirements for building permit.

(a) 
All applications for building permits shall be accompanied by accurate plot plans, submitted in duplicate, drawn to scale, showing:
(1) 
The actual shape and dimensions of the lot to be built upon.
(2) 
The exact sizes and locations on the lot of the buildings and accessory buildings then existing.
(3) 
The lines within which the proposed building and structure shall be erected or altered.
(4) 
The existing and intended use of each building or part of building.
(5) 
The number of families or dwelling units the building is designed to accommodate.
(6) 
Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter, or if provisions of sections 8 and 9 [sic] have been complied with.[1]
[1]
Editor's note–Ord. 1641, section 14.52.001, contained a scrivener's error citing non-existent sections 8 and 9.
(b) 
One copy of such plot plans will be returned to the owner when such plans have been approved. An inspection of as long as two (2) weeks may be required for inspection of plans before a permit is issued. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey by a qualified registered surveyor and the lot shall be staked out on the ground before construction is started.
(Ordinance 1691 adopted 5/22/2023)

§ 14.07.006 Existing permits and private agreements.

This chapter is not intended to abrogate or annul any permits issued before the effective date of this chapter or any easement, covenant or any other private agreement.
(Ordinance 1691 adopted 5/22/2023)

§ 14.07.007 Preserving rights in pending litigation and violations under existing ordinances.

By the passage of this chapter no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a conforming use. Otherwise such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this chapter that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, shall be discharged or affected by the adoption of this chapter; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending be proceeded with in all respects as if such prior ordinance had not been repealed.
(Ordinance 1691 adopted 5/22/2023)

§ 14.07.008 Certificates of occupancy.

(a) 
Requirements for certificates of occupancy.
Certificates of occupancy shall be required for any of the following:
(1) 
Occupancy and use of a building hereafter erected or structurally altered.
(2) 
Change in use of an existing building to a use of a different classification.
(3) 
Occupancy and use of vacant land, except agricultural use.
(4) 
Change in the use of land to a use of a different classification.
(5) 
Any change in the use of a nonconforming use.
No such occupancy, use or change of use, shall take place until a certificate of occupancy therefor shall have been issued by the inspector of buildings.
(b) 
Procedure for new or altered buildings.
Written application for a certificate of occupancy for a new building or for an existing building which is to be altered shall be made at the same time as the application for the building permit for such building. Said certificate shall be issued within three (3) days after a written request for the same has been made to said building inspector or his agent after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this chapter and all other applicable ordinances and regulations of the city.
(c) 
Contents.
Every certificate of occupancy shall state that the building or the proposed use of a building or land complies with all provisions of law. A record of all certificates of occupancy shall be kept on file in the office of the building inspector or his agent and copies shall be furnished on request to any person having proprietary or tenancy interest in the building or land affected.
(d) 
Temporary certificate.
Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the building inspector for a period not exceeding six (6) months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificates shall not be construed as in any way altering the respective rights, duties or obligations, of the owners or of the city relating to the use or occupancy of the premises or any other matter covered by this chapter.
(Ordinance 1691 adopted 5/22/2023)