Fayette City Zoning Code
ARTICLE XI
Enforcement, Applications and Permits
Section 405.990 Building Inspector - Duties.
[R.O. 2013 § 405.990; R.O. 2005 § 23-169; Ord. No. 42.090 (B)(1)]
It shall be the duty of the Building Inspector to enforce this Chapter. The Building Inspector shall receive applications required by this Chapter, issue permits and furnish the prescribed certificates. He/she shall examine premises for which permits have been issued, and shall make necessary inspections to see that the provisions of law are complied with. He/she shall enforce all laws relating to the construction, alteration, repair, removal, demolition, equipment use and occupancy, location and maintenance.
Section 405.1000 Plans.
[R.O. 2013 § 405.1000; R.O. 2005 § 23-170; Ord. No. 42.090 (C)]
Application for permits shall be accompanied by such drawings of the proposed work, drawn to scale, including such floor plans, sections, elevations and structural details as the Building Inspector may require.
Section 405.1010 Plot Diagram.
[R.O. 2013 § 405.1010; R.O. 2005 § 23-171; Ord. No. 42.090 (D)]
There shall also be filed a plot diagram in a form and size suitable 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 or in the case of demolition of such construction as is to be demolished, and of all existing buildings prepared by and signed by a registered surveyor, engineer or architect.
Section 405.1020 Amendments.
[R.O. 2013 § 405.1020; R.O. 2005 § 23-172; Ord. No. 42.090 (e)]
Nothing in this Section prohibits 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 sought. Such amendments, after approval, shall be filed with and be deemed a part of the original application.
Section 405.1030 Completion Of Existing Buildings.
[R.O. 2013 § 405.1030; R.O. 2005 § 23-173; Ord. No. 42.090 (f)]
Nothing contained in this Chapter shall require any change in the plans, construction, size or designated use of a building for which a valid permit has been issued or lawful approval given before the effective date of this Chapter; provided, however, construction under such permit or approval shall have been started within six (6) months and the ground story framework, including structural parts of the second floor, shall have been completed within one (1) year and the entire building completed within two (2) years after the effective date of this Chapter.
Section 405.1040 Action On Applications.
[R.O. 2013 § 405.1040; R.O. 2005 § 23-174; Ord. No. 42.090 (g)]
It shall be the duty of the Building Inspector to examine applications for permits within a reasonable time after filing. If, after examination, he/she finds no objection to the same and it appears that the proposed work will be in compliance with the laws and ordinances applicable thereto, he/she shall approve such application and issue a permit for the proposed work as soon as practicable. If his/her examination reveals otherwise, he/she will reject such application, noting his/her findings in a report to be attached to the application and delivering a copy to the applicant.
Section 405.1050 Approval In Part.
[R.O. 2013 § 405.1050; R.O. 2005 § 23-175; Ord. No. 42.090 (h)]
Nothing in this Section shall be construed to prevent the Building Inspector 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, if adequate plans and detailed statements have been presented for the same and have been found to comply with this Chapter.
Section 405.1060 Condition Of The Permit.
[R.O. 2013 § 405.1060; R.O. 2005 § 23-177; Ord. No. 42.090 (j)]
All work performed under a permit issued by the Building Inspector shall conform to the approved application and plans, and approved amendments thereof. The location of all new construction as shown on the approved plot diagram or an approved amendment thereof shall be strictly adhered to. It shall be unlawful to reduce or diminish the area of a lot or plot of which a plot diagram has been filed and has been used as the basis for a permit, unless a revised plot diagram showing the proposed change 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.
Section 405.1070 Signature To Permit.
[R.O. 2013 § 405.1070; R.O. 2005 § 23-178; Ord. No. 42.090 (k)]
Every permit issued by the Building Inspector under the provisions of this Chapter shall have his/her signature affixed thereto; but this shall not prevent him/her from authorizing a subordinate to affix such signature.
Section 405.1080 Limitations.
[R.O. 2013 § 405.1080; R.O. 2005 § 23-179; Ord. No. 42.090 (l)]
A permit under which no work is commenced within one (1) year after issuance shall expire by limitation.
Section 405.1090 Posting Of Permit.
[R.O. 2013 § 405.1090; R.O. 2005 § 23-180; Ord. No. 42.090 (m)]
A copy of the permit shall be kept on the premises open to public inspection during the prosecution of the work and until the completion of same. The Building Inspector 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. The Building Inspector shall be given at least twelve (12) hours' notice of the starting of work under a permit.
Section 405.1100 Revocation.
[R.O. 2013 § 405.1100; R.O. 2005 § 23-181; Ord. No. 42.090 (n)]
The Building Inspector may revoke a permit or approval issued under the provisions of this Chapter in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.
Section 405.1110 Certificate Of Occupancy For A Building.
[R.O. 2013 § 405.1110; R.O. 2005 § 23-182; Ord. No. 42.090 (o)]
No building shall be occupied before a certificate of occupancy has been issued. Certificate of occupancy for a new building or the reconstruction or alteration of an existing building shall be applied for coincident with the application for a building permit and said certificate shall be issued within three (3) days after the request for same shall have been made in writing to the Building Inspector after the erection of or alteration of such building or part thereof shall have been completed in conformity with the provisions of these regulations. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the Building Inspector for a period not exceeding one (1) year, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the tenants relating to the use or occupancy of the premises or any other matter covered by this Chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants.
Section 405.1120 Certificate Of Occupancy For Land.
[R.O. 2013 § 405.1120; R.O. 2005 § 23-183; Ord. No. 42.090 (p)]
Certificate of occupancy for the use of vacant land or the change in the character of the use of land as herein provided shall be applied for before any such land shall be occupied or used, and a certificate of occupancy shall be issued within three (3) days after the application has been made, provided such use is in conformity with the provisions of these regulations.
Section 405.1130 Certificate Of Occupancy - Content.
[R.O. 2013 § 405.1130; R.O. 2005 § 23-184; Ord. No. 42.090 (q)]
Certificate of occupancy shall state that the building or proposed use of a building or land complies with all the building and health laws and ordinances and with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the Building Inspector and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected. No fee shall be charged for a certificate of occupancy.
Section 405.1140 Certificate Of Occupancy For Non-Conforming Uses.
[R.O. 2013 § 405.1140; R.O. 2005 § 23-185; Ord. No. 42.090 (r)]
A certificate of occupancy shall be required of all non-conforming uses. Applications for such certificate for non-conforming uses shall be filed within twelve (12) months from the effective date of this Chapter.
Section 405.1150 Excavation Permit.
[R.O. 2013 § 405.1150; R.O. 2005 § 23-186; Ord. No. 42.090 (s)]
No permit for excavation for any building shall be issued before application has been made for certificate of occupancy.
Section 405.1160 Interpretation.
[R.O. 2013 § 405.1160; R.O. 2005 § 23-187; Ord. No. 42.090 (D)]
In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion for the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this Chapter to interfere with or abrogate or annul any easements, covenants or other agreements between the parties except that if this Chapter imposes a greater restriction, this Chapter shall control.
Section 405.1170 Amendment Of The Chapter.
[R.O. 2013 § 405.1170; R.O. 2005 § 23-188; Ord. No. 42.090 (E)]
A.
The Board may, from time to time, on its own motion or on petition, after public notice and hearing as provided by law and after report by the Commission, amend, supplement or change the boundaries or regulations herein or subsequently established. In case the Commission disapproved the proposed change, such amendment shall not be passed except by the favorable vote of two-thirds (2/3) of all members of the Board. If no report is received from the Commission in thirty (30) days, it may be assumed that said Commission has approved the amendment.
B.
In case, however, of a protest against such change duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred and eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the legislative body of such municipality.
C.
Before any action shall be taken as provided in this Section, the party or parties proposing or recommending a change in the district regulations or district boundaries shall deposit with the City Treasurer the sum of fifty dollars ($50.00) to cover the approximate cost of this procedure and under no condition shall said sum or any part thereof be refunded for failure of said change to be adopted by the Board.
Section 405.1180 Interpretation And Conflict.
[R.O. 2013 § 405.1180; R.O. 2005 § 23-189; Ord. No. 42.110]
In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity and general welfare; it is not intended by this Chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this Chapter imposes a greater restriction upon the use of buildings or premises or upon height of buildings or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or premises, or by easements, covenants or agreements, the provisions of this Chapter shall control.
Section 405.1190 Violations And Penalty.
[R.O. 2013 § 405.1190]
A.
In case any building or structure is erected, constructed, reconstructed, altered, converted, or maintained, or any building, structure, or land is used in violation of this Chapter, Sections 89.010 to 89.140, RSMo. or of any ordinance or other regulation made under authority conferred hereby, the City, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. Such regulations shall be enforced by an officer empowered to cause any building, structure, place, or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of the regulations of this Chapter, made under authority of Sections 89.010 to 89.140, RSMo.
B.
The owner or general agent of a building or premises where a violation of any provision of said regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee, or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor, or any other person who commits, takes part or assists in any such violation, or who maintains any building or premises in which any such violation shall exist shall be guilty of an ordinance violation punishable by a fine of not less than ten dollars ($10.00) and not more than two hundred fifty dollars ($250.00) for each and every day that such violation continues, or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment in the discretion of the court. Notwithstanding the provisions of Section 82.300, RSMo., for the second and subsequent offenses involving the same violation at the same building or premises, the punishment shall be a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) for each and every day that such violation shall continue, or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment in the discretion of the court.
C.
Any such person who, having been served with an order to remove any such violation, shall fail to comply with such order within ten (10) days after such service or shall continue to violate any provision of the regulations made under authority of Sections 89.010 to 89.140, RSMo., in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).