- MISCELLANEOUS PROVISIONS
The zoning administrator, building official, and any other 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 ordinance.
Whenever said official finds any construction work being done contrary to the provisions of this ordinance, said official may order the work stopped by serving notice in writing 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 such official to proceed with the work.
All applications for building permits shall be accompanied by accurate plot plans, submitted in duplicate, drawn to scale, showing:
(a)
The actual shape and dimensions of the lot to be built upon;
(b)
The exact sizes and locations on the lot of the structures and accessory buildings then existing;
(c)
The lines within which the proposed structure shall be erected or altered;
(d)
The existing and intended use of each structure or part of a structure;
(e)
The number of families or dwelling units the structure is designed to accommodate; and
(f)
Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this ordinance.
Inspection of plans shall be done in a timely manner and a determination made as to compliance with applicable provisions of this ordinance prior to the issuance of a building permit. One copy of such plans shall be returned to the owner when such plans have been approved. 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.
This ordinance is not intended to abrogate or annul any permits issued before the effective date of this ordinance or any easement, covenant, or any other private agreement, to the extent that such effect would be unlawful.
By adoption of this ordinance or any amendment hereto no existing illegal use shall be deemed to have been legalized. It is further the intent and declared purpose of this ordinance that no offense committed, and no liability, penalty, or forfeiture, either civil or criminal, incurred prior to the time this ordinance was adopted shall be discharged or affected by the adoption of this ordinance; but prosecutions and suits for such offenses, liabilities, penalties, or forfeitures may be instituted and causes presently pending proceeded with in all respects.
(a)
[Required.] A certificate of occupancy shall be required for any of the following:
(1)
Occupancy and use of a structure hereafter erected or structurally altered;
(2)
Change in use of an existing structure to a use of a different classification;
(3)
Occupancy and use of vacant land, beginning hereafter, except agricultural use;
(4)
Change in the use of land to a use of a different classification; or
(5)
Any change in the use of a nonconforming use.
(b)
Procedure for new or altered structures. Written application for a certificate of occupancy for a new structure or for a structure which is to be altered, shall be made at the same time as the application for the structure permit for such building. Said certificate shall be issued upon written request to the zoning administrator within five working days after erection or alteration of such structure or part thereof has been completed in conformity with the provisions of this ordinance and all applicable law.
(c)
Procedure for vacant land or a change in use. Written application for a certificate of occupancy for the use of vacant land, or for a change in the use of land or a structure, shall be made to the zoning administrator. If the proposed use is in conformity with the provisions of this ordinance and all applicable law, the certificate of occupancy therefor shall be issued within five working days after the application for same has been made, or as soon thereafter as practicable.
(d)
Contents. Every certificate of occupancy shall state that the structure or the proposed use of a structure 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 zoning administrator and copies shall be furnished on request to any person having proprietary or tenancy interest in the structure or land affected.
(e)
Temporary certificate. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the zoning administrator of a period not to exceed six months, during the completion of alterations or during partial occupancy of a structure 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 ordinance.
(f)
Certificates of occupancy for nonconforming uses. Certificates of occupancy for nonconforming uses shall be issued as provided in article III of this ordinance.
In the event any clause, phrase, provision, sentence, or part of this ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the city declares that it would have passed each and every part of same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts.
- MISCELLANEOUS PROVISIONS
The zoning administrator, building official, and any other 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 ordinance.
Whenever said official finds any construction work being done contrary to the provisions of this ordinance, said official may order the work stopped by serving notice in writing 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 such official to proceed with the work.
All applications for building permits shall be accompanied by accurate plot plans, submitted in duplicate, drawn to scale, showing:
(a)
The actual shape and dimensions of the lot to be built upon;
(b)
The exact sizes and locations on the lot of the structures and accessory buildings then existing;
(c)
The lines within which the proposed structure shall be erected or altered;
(d)
The existing and intended use of each structure or part of a structure;
(e)
The number of families or dwelling units the structure is designed to accommodate; and
(f)
Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this ordinance.
Inspection of plans shall be done in a timely manner and a determination made as to compliance with applicable provisions of this ordinance prior to the issuance of a building permit. One copy of such plans shall be returned to the owner when such plans have been approved. 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.
This ordinance is not intended to abrogate or annul any permits issued before the effective date of this ordinance or any easement, covenant, or any other private agreement, to the extent that such effect would be unlawful.
By adoption of this ordinance or any amendment hereto no existing illegal use shall be deemed to have been legalized. It is further the intent and declared purpose of this ordinance that no offense committed, and no liability, penalty, or forfeiture, either civil or criminal, incurred prior to the time this ordinance was adopted shall be discharged or affected by the adoption of this ordinance; but prosecutions and suits for such offenses, liabilities, penalties, or forfeitures may be instituted and causes presently pending proceeded with in all respects.
(a)
[Required.] A certificate of occupancy shall be required for any of the following:
(1)
Occupancy and use of a structure hereafter erected or structurally altered;
(2)
Change in use of an existing structure to a use of a different classification;
(3)
Occupancy and use of vacant land, beginning hereafter, except agricultural use;
(4)
Change in the use of land to a use of a different classification; or
(5)
Any change in the use of a nonconforming use.
(b)
Procedure for new or altered structures. Written application for a certificate of occupancy for a new structure or for a structure which is to be altered, shall be made at the same time as the application for the structure permit for such building. Said certificate shall be issued upon written request to the zoning administrator within five working days after erection or alteration of such structure or part thereof has been completed in conformity with the provisions of this ordinance and all applicable law.
(c)
Procedure for vacant land or a change in use. Written application for a certificate of occupancy for the use of vacant land, or for a change in the use of land or a structure, shall be made to the zoning administrator. If the proposed use is in conformity with the provisions of this ordinance and all applicable law, the certificate of occupancy therefor shall be issued within five working days after the application for same has been made, or as soon thereafter as practicable.
(d)
Contents. Every certificate of occupancy shall state that the structure or the proposed use of a structure 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 zoning administrator and copies shall be furnished on request to any person having proprietary or tenancy interest in the structure or land affected.
(e)
Temporary certificate. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the zoning administrator of a period not to exceed six months, during the completion of alterations or during partial occupancy of a structure 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 ordinance.
(f)
Certificates of occupancy for nonconforming uses. Certificates of occupancy for nonconforming uses shall be issued as provided in article III of this ordinance.
In the event any clause, phrase, provision, sentence, or part of this ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the city declares that it would have passed each and every part of same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts.