Zoneomics Logo
search icon

Mcrae Helena City Zoning Code

ARTICLE XIII

BUILDING INSPECTOR

Section 1301: - Administration and Enforcement.

It shall be the duty of the Building Inspector of the City of McRae-Helena, with the aid of other City agencies or officials, to administer and enforce all provisions of this ordinance.

If the Building Inspector shall find that any of the provisions of this Ordinance are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal uses; discontinuance of illegal buildings, manufactured homes, or other structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by the Ordinance, or other remedy as available at law, to ensure compliance with or prevent violation of its provisions.

Section 1302: - Duties and Powers.

It shall be the duty of the Building Inspector and he shall have the power to:

A.

To serve as a liaison between the Planning and Zoning Commission and the Mayor and Council, keeping each body advised of pending actions pertaining to zoning.

B.

To serve as a non-voting ex-officio member of the Planning and Zoning Commission to provide technical assistance in matters relating to zoning requests.

C.

To maintain in a timely and current manner the Official Zoning Map reflecting thereon any and all rezoning amendments approved by the Mayor and Council. Amendments of this Official Zoning Map will be recorded by the City Clerk within seven (7) calendar days following approval of such action by Mayor and Council.

D.

Require that the application for a building, sign, or other zoning permit and any accompanying site plan shall contain all the information necessary to enable the City Clerk to ascertain whether the proposed building, use, or structure complies with provisions of this Ordinance.

E.

Require that an application for approval of placement of any manufactured or mobile home anywhere in the city be made on a form or forms developed for that purpose, and shall be submitted for review and approval in accordance with this Ordinance. This application shall include all information necessary to make determination as to conformity with the provisions and standards of this Ordinance as applicable to each such structure, including photographs or rendering of the front and side of the manufactured or mobile home, exterior finish, roof, skirting, or any other information deemed necessary to make determinations required by this Ordinance.

F.

Keep a permanent record of all plans and application for permits, and all permits issued with notations as to special conditions attached thereto. All records should be open for public inspection and shall be the property of the City.

G.

Require that no building permit, sign permit, or approval for placement of a manufactured or mobile home, shall be issued until the Building Inspector has certified that the proposed building, sign, alteration, placement, or use complies with all provisions of this Ordinance.

H.

Conduct inspections and surveys to determine compliance or non-compliance with the terms of this Ordinance. In carrying out such surveys, the City Clerk or his representative may enter upon any land and buildings.

I.

Make written orders requiring compliance with the provisions of this Ordinance to be served personally or by registered mail.

J.

Maintain a map showing the current zoning classification of all land.

K.

Maintain a map and register showing the registration, identity, location and type of all non-conforming uses.

L.

The Building Inspector shall have authority to issue permits only for construction, placement of manufactured homes, signs and uses which are in accordance with this Ordinance. It shall be unlawful for any person to commence work for the erection or alteration of any building, sign, or other structure, or place a manufactured home in the city, until an appropriate building, placement, or sign permit has been duly issued therefor. Permits for construction, placement of manufactured and mobile homes, signs, and uses which are special exceptions to such general requirement and conditional uses shall be issued by the Building Inspector only upon completion of the required process and official action by City Council. The Building Inspector shall issue no permits for construction, signs or use of any land or buildings, or placement of manufactured homes, unless it also conforms to all requirements of the Ordinance and any other appropriate regulation of the City.

M.

The Building Inspector shall have the power and authority to issue cease and desist or stop work order(s), or other legal action as necessary, to prevent any violation of the terms of this Ordinance.

Section 1303: - Valid Permits Required.

No building shall be constructed or footage added, or the use of any building and/or land changed, a sign erected, or a manufactured or mobile home placed in the city, until a valid permit has been secured from the Building Inspector. The issuance or granting of a permit or approval of plans or specification shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this Ordinance or of any other ordinance of the City of McRae-Helena. No permit presuming to give the authority to violate or cancel the provisions of this Ordinance shall be valid, except insofar as the work or use which it authorizes is lawful. Issuance of a permit upon plans and specifications shall not prevent the Building Inspector or City from thereafter requiring the correction of errors in such plans and specifications, or from thereafter preventing the building operations being carried on thereunder when in violation of this Ordinance or of any other ordinance of the City of McRae-Helena. Permits for construction and uses which require a conditional use or variance to the general requirements of this Ordinance shall be issued by the Building Inspector only upon order of the City Council.

Section 1304: - Application for Permits.

No permit shall be issued for the construction or added footage, placement of any building, sign, structure, or manufactured home, until a written application is filed with the City by the owner of the property affected or by the authorized agent of such owner. The application shall at a minimum:

A.

Include all forms as may be provided by the Building Inspector or other City representative for such purpose, and must include all required information on said forms by the applicant.

B.

Include a surveyor's plat of the property affected.

C.

Include a detailed statement as to the proposed use of the building and/or land for which a permit is sought.

D.

Include plans in duplicate drawn to scale showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; the location and dimensions of the proposed building, sign, or manufactured home.

E.

If the development for which the permit is other than a single-family or small agricultural use, a more formal site plan may be required by the Building Inspector. This site plan shall be provided in triplicate and submitted with the application and shall show the following at a scale not more than fifty (50) feet to the inch:

1.

Title, if any, under which the proposed development is to be recorded and the name of the present owner.

2.

Name of owners of adjacent property.

3.

A topographic map showing the location of existing property lines, streets, alleys, buildings, easements, water courses, and other physical site features, including the location of existing trees of four (4) inches or larger in caliper as measured at breast height.

4.

The exact size, shape, and location of the building or structure to be erected thereon with exact distances from said building or structure to property lines and street rights-of-way.

5.

Other proposed improvements, landscaping, or buffers proportionally and exactly dimensioned.

6.

Proposed method of water supply, sewage disposal, and storm drainage.

7.

All proposed uses of the property to be developed appropriately indicated on the plan.

8.

Other information as may be required to ensure compliance with the provisions of this Ordinance.

9.

Date, North arrow, and graphic scale.

10.

The name and address of a registered surveyor or engineer chosen by the applicant who is authorized to stake the road lines and location of such proposed development.

F.

Other such information as may be required by the Building Inspector to determine compliance with and provide for enforcement of this ordinance.

G.

In addition, the Building Inspector may require certified "as-built" site plans or other information necessary to determine Ordinance and initial permit compliance before issuing a certificate of occupancy.

Section 1305: - Construction in progress.

If no substantial construction progress has been made within six months of the date of the issuance of the building permit, the permit becomes invalid.

Section 1306: - Certificate of Occupancy.

A certificate of occupancy issued by the Building Inspector is required in advance of the use or occupancy of:

1.

Any lot or a change in the use thereof;

2.

A building hereafter erected or a change in the use of an existing building;

3.

Any non-conforming use that is existing at the time of the enactment of this ordinance or an amendment thereto or that is changed, extended, or rebuilt thereafter. The certificate of occupancy shall state specifically wherein the non-conforming use fails to meet the provisions of this ordinance.

No certificate of occupancy shall be issued unless the lot or building or structure complies with all the provisions of this ordinance.

A record of all certificates of occupancy shall be kept on file in the office of the Building Inspector and a copy shall be furnished, on request, to any person having a proprietary or tenancy interest in the building or land involved.

Section 1307: - Penalties for Violation.

Any person violating any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than twenty-five dollars or more than one hundred dollars for each offense. Each day such violation continues shall constitute a separate offense.