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Glenn Heights City Zoning Code

ARTICLE VII

BUILDING PERMITS, CERTIFICATES OF OCCUPANCY AND COMPLIANCE

§ 1 BUILDING PERMITS REQUIRED.

VII.1.1 
No building or other structure shall be erected, moved, added to, or structurally altered without a building permit issued by the City of Glenn Heights’ Building Official or his/her designee. A building permit shall not be issued except in conformity with the provisions of this Ordinance, unless otherwise authorized by the Zoning Board of Adjustment in the form of a variance or special exception as provided in Article IV, Section 3 of this Ordinance. A building permit shall not be issued until the property is properly zoned for the intended use, until the property is platted in accordance with the Subdivision Regulations, nor until all appropriate plans have been approved by the City (including, but not limited to, a Preliminary Plat, a detailed Plot Plan, a final Site Plan, landscaping and facade plans, building structural plans, etc.).
VII.1.2 
Plans for any permanent structure to be constructed or otherwise located within the City must be approved by the Building Official or his/her designee who, upon approval, shall issue a building permit. A complete Application for a building permit shall contain details of foundation and the structure that is sufficient to determine compliance with the City’s adopted building codes. Upon submission of a complete Application, the Building Official or his/her designee shall review it for compliance and shall issue a building permit if compliance with all applicable City building codes, with the Zoning Ordinance, and with the Subdivision Regulations is verified. After issuance of a building permit and prior to issuance of a Certificate of Occupancy, the Building Official or his/her designee shall conduct inspections on, including but may not be limited to, foundation, plumbing, electrical and framing to determine compliance with City adopted building codes.
(Ordinance O-03-09 adopted 4/20/09)

§ 2 CANCELLATION OF BUILDING PERMIT.

Failure of an Applicant or any of his/her agents, representatives or contractors to erect, construct, reconstruct, alter, use or maintain any building, structure or premises in conformance with the approved plans upon which a building permit was issued, when such failure constitutes a violation of any provision of this Ordinance, shall render such building permit void, and the Building Official or his/her designee is hereby authorized and directed to revoke any such permit by giving written notice to the Applicant or his/her agent or representative, and all work upon such building, structure or premises shall be immediately discontinued until such building, structure or premises shall be brought into conformance with the approved plans and with all applicable provisions of this Ordinance.
(Ordinance O-03-09 adopted 4/20/09)

§ 3 CERTIFICATE OF OCCUPANCY.

VII.3.1 
Certificate of Occupancy Required.
Except as exempted in the adopted International Residential Code (IRC), the International Building Code (IBC) and the North Central Texas Council of Governments (NCTCOG) amendments, a Certificate of Occupancy shall be required for any of the following:
A. 
Occupancy and use of a building hereafter erected or structurally altered;
B. 
Change in use of an existing building to a different use;
C. 
Change in the use of land to a different use; and
D. 
Any change in the use of a nonconforming use.
No such use, or change of use, shall take place until a Certificate of Occupancy therefor shall have been issued by the Building Official or his/her designee.
VII.3.2 
Record of Certificates of Occupancy.
A record of all Certificates of Occupancy shall be kept on file in the Building Official’s office or his/her designee, and copies shall be furnished upon request to any person in accordance with State laws governing public records.
VII.3.3 
Procedure for New or Altered Buildings.
Written application for a Certificate of Occupancy for a new building or for an existing building that is to be altered shall be made at the same time as the application for the building permit for such building. After submittal of the written application and payment of any required fee as adopted by ordinance in the City’s fee schedule, said Certificate shall be issued after the Building Official or his/her designee orders the building or structure inspected and finds no violations of the provisions of this Ordinance or other regulations that are enforced by the Building Official or his/her designee. Said Certificate shall be issued by the Building Official or his/her designee, after the erection or alteration of such building or part thereof has been completed in conformity with all applicable provisions of this Ordinance, and any applicable regulations and ordinances of the City.
VII.3.4 
Procedure for Vacant Land or a Change in Building Use.
Written Application for a Certificate of Occupancy for the use of vacant land, a change in the use of land or a change in the use of a building, or for a change from a nonconforming use to a conforming use, shall be made to the Building Official or his/her designee. If the proposed use is a conforming use, as herein provided, written application shall be made to said Building Official or his/her designee. If the proposed use is found to be in conformity with the provisions of this Ordinance and other applicable regulations, codes and ordinances of the City, the Certificate of Occupancy shall be issued after the Application for same has been made and all required inspections are completed and approved by the Building Official or his/her designee, within ten (10) days following receipt of the Application and payment of all applicable fees.
VII.3.5 
Contents of Certificate.
Every Certificate of Occupancy shall contain the following and it shall be maintained by the Building Official:
A. 
Building permit number; and
B. 
The address of the building; and
C. 
The name and address of the owner; and
D. 
A description of that portion of the building for which the Certificate is issued; and
E. 
A statement that the described portion of the building has been inspected for compliance with the requirements of the City’s adopted Ordinances, Building and Fire Codes for the particular group and division of occupancy; and
F. 
The name of the Building Official or his/her designee; and
G. 
Use(s) allowed; and
H. 
Maximum number of persons/occupants; and
I. 
Issue date of Certificate of Occupancy; and
J. 
Any other information as may be required by the Public Information Act.
VII.3.6 
Posting of Certificates.
The property owner or occupant shall post the Certificate of Occupancy in a conspicuous place on the premises and the Certificate of Occupancy shall not be removed except by the Building Official or his/her designee.
VII.3.7 
Revocation of Certificates.
The Building Official or his/her designee may, in writing, suspend or revoke a Certificate of Occupancy issued under the provisions of this Ordinance whenever the Certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provision[s] of this Ordinance or the building code and other codes adopted by the City, and any amendments thereto.
VII.3.8 
Certificates for Nonconforming Uses.
No later than one hundred eighty (180) days after the adoption of this Zoning Ordinance, the City Manager shall cause his or her designee to survey all properties within the jurisdiction of the City and notify property owners of nonconforming uses and buildings. Thereafter, a Certificate of Occupancy shall be required for all lawful nonconforming uses of land and/or buildings created by adoption of this Ordinance. Application for such Certificate of Occupancy for a nonconforming use shall be filed with the Building Official or his/her designee by the owner or occupant of the structure or land that is occupied by the nonconforming use within one (1) year (i.e., 365 calendar days) following the effective date of this Ordinance. It shall be the duty of the Building Official or his/her designee to issue a Certificate of Occupancy for a lawful nonconforming use upon receipt of Application for same, but failure to apply for such Certificate for a nonconforming use (i.e., by the owner or occupant of the premises) shall be evidence that said nonconforming use was either illegal or did not lawfully exist as of the effective date of this Ordinance.
(Ordinance O-03-09 adopted 4/20/09)

§ 4 COMPLETION OF BUILDINGS IN PROGRESS.

Nothing contained herein shall require any change in the plans, construction or designated use of a building, the foundation for which has been completely constructed as of the effective date of this Ordinance, and the remaining construction of which shall have been completed within one (1) year (i.e., 365 calendar days) following the effective date of this Ordinance. In addition, any nonresidential building or structure for which a building permit has been approved by the City not more than one (1) year (i.e., 365 calendar days) prior to the effective date of this Ordinance may be constructed according to the terms of that building permit.
(Ordinance O-03-09 adopted 4/20/09)