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Gulfport City Zoning Code

ARTICLE X

- ADMINISTRATION AND ENFORCEMENT

Sec. 22-10.01.- Chief building official.

(a)

An administrative official to be known as the chief building official, designated by the city manager, shall administer and enforce this chapter. The chief building official is authorized to act through aides and assistants. In the performance of his duties, the chief building official may request the assistance of any appropriate officer or agency of the City of Gulfport.

(b)

The chief building official shall investigate promptly complaints of violations, reporting his findings and actions to complainants, and shall use his best endeavors to prevent violations or to detect and secure the correction of violations. If he finds that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order the discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other lawful action authorized by this chapter necessary to ensure compliance with the provisions of this chapter.

(c)

The chief building official shall maintain written records of all official actions of his office with respect to administration, and of all complaints and actions taken with regard thereto, and of all violations discovered by whatever means, with remedial action taken and disposition of all cases; and the same shall be a public record.

(Ord. No. 85-8, § 2, 5-21-85)

Sec. 22-10.02. - Zoning review of building permits, licenses and land use permits.

The chief building official shall review all applications for building permits, occupational licenses, and land use permits to ensure their conformity with the provisions of this chapter. No building permit shall be issued for the erection, alteration, or use of any land or water which is not in conformity with the provisions of this chapter. No license or permit shall be issued by the chief building official or by any department, agency, or official of the City of Gulfport for the use of any premises or the operation of any business, enterprise, occupation, trade, profession, or activity which would constitute a violation of the provisions of this chapter.

(Ord. No. 85-8, § 2, 5-21-85)

Sec. 22-10.03. - Application for building permit.

(a)

All building permit applications for single-family and duplex dwellings shall be accompanied by plot and construction plans drawn to scale, showing the actual shape and dimension of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; the exact size and location on the lot of the building or buildings to be erected or altered; the existing use of buildings on the lot, if any; the intended use of each building or buildings or parts thereof; the number of families the building is designed to accommodate, if appropriate; the location and number of required and provided off-street parking; and such other information with regard to the lot and existing and proposed structures as may be necessary to determine compliance with the provisions of this chapter.

(b)

All building permit applications for multiple-family dwellings or commercial structures shall be accompanied by plot and construction plans prepared by an architect and/or engineer duly registered within Florida, said plot and construction plans to include all applicable information described above for single-family and duplex dwellings.

(c)

Where new construction or erection of a building or buildings is proposed, the application shall be accompanied by a survey of the lot, made by a land surveyor or engineer licensed in Florida; all property stakes shall be in place at the time of application.

(Ord. No. 85-8, § 2, 5-21-85)

Sec. 22-10.04. - Certificate of occupancy required.

(a)

No building or structure, or part thereof, or premises, hereafter erected or altered or changed in occupancy, or land upon which a new or different use is established, shall be occupied or used until a certificate of occupancy shall have been issued therefor, said certificate to include a certification by the chief building official that the proposed use of the structure or land conforms with the requirements of this chapter.

(b)

Nothing in this chapter shall prevent the issuance of a temporary certificate of occupancy for a portion of a building or structure in process of erection or alteration, provided that said temporary certificate shall not be effective for a period in excess of six (6) months, and further provided that said portion of the building or structure is in conformity with the provisions of this chapter.

(c)

A record of all certificates issued pursuant to the provisions of this section shall be kept on file in the office of the chief building official, and copies of said certificates shall be furnished upon request to any person or persons having a proprietary or tenancy interest in the appropriate property or properties involved.

(Ord. No. 85-8, § 2, 5-21-85)

Sec. 22-10.05. - Appeal of administrative decisions.

(a)

Right of appeal. Where it is alleged there is error in any order of the chief building official, any person thus aggrieved may appeal to the board of adjustment, which shall conduct a public hearing on the appeal; provided, however, that no such appeal shall lie from any act by the chief building official pursuant to an order or resolution of the board of adjustment specifically directing him or her to perform such act.

(b)

Filing requirements for an appeal. Upon notification in writing of a decision by the chief building official, an appeal may be filed with the chief building official within sixty (60) days, but not thereafter. An appeal shall be filed upon such form as may be provided therefore, and the appellant shall be required to pay a fee as set forth in chapter 25 of the Code of Ordinances to defray processing costs relating to the review and hearing of the appeal. Upon the filing of an appeal, the chief building official shall forthwith transmit through the city clerk's office to the board of adjustments all papers constituting the record upon which the action appealed from was taken. A survey of the property in question prepared by a certified surveyor, must be submitted with the application as well as proof of ownership.

(c)

Stay of proceedings. An appeal shall stay all proceedings concerning the matter appealed from unless the chief building official certifies to the board of adjustment, after the notice of appeal shall have been filed with him or her, that, by reasons of fact stated in the certificate, a stay, in his or her opinion, would cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by the circuit court of county, on notice to the chief building official, and on due cause shown.

(Ord. No. 85-8, § 2, 5-21-85; Ord. No. 87-8, § 16, 7-21-87; Ord. No. 2005-02, § 5, 2-15-05; Ord. No. 2007-03, § 9, 4-3-07)