Mount Vernon City Zoning Code
ADMINISTRATION AND ENFORCEMENT
BUILDING PERMITS AND CERTIFICATES OF ZONING COMPLIANCE
§ 161.085 ADMINISTRATION AND ENFORCEMENT.
(A) The City Manager shall administer and assign duties to other persons in the City’s service at his discretion.
(B) If the City Manager or his designated official finds that any of the provisions of this ordinance are being violated, he shall provide for notice in writing to 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 use of land, buildings, or structures, removal of illegal buildings or structure or of illegal additions, alterations, structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions.
(Prior Code, Art. 21, § 21-110.1)
§ 161.086 BUILDING PERMITS REQUIRED.
(A) No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefore. No building permit shall be issued by the Building Department except in conformity with provisions of this ordinance, unless he receives a written order from the City Manager after approval of the City Council or Board of Appeals in the form of an administrative review, conditional use or variance as provided by this ordinance.
(B) No premises within the City of Mt. Vernon shall be improved for parking or parking lot purposes, whether for surface parking or by a parking structure, unless and until a building permit shall have been issued therefor as required and provided by §§ 161.365 through 161.378 of this Ordinance and the requisite fee paid therefor.
(Prior Code, Art. 21, § 21-110.2)
§ 161.087 APPLICATION FOR BUILDING PERMIT.
(A) All applications for building permits shall be accompanied by plans in triplicate, 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; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the Building Department, including existing or proposed building or alteration; existing or proposed uses of the building or land; the number of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this ordinance.
(B) One copy of the plans shall be returned to the applicant by the Building Department, marked either as approved or disapproved and attested to same by his signature. The original and one copy of the plans, similarly marked, shall be retained by the administrative official.
(Prior Code, Art. 21, § 21-110.3)
§ 161.088 CERTIFICATES OF ZONING COMPLIANCE FOR NEW, ALTERED, OR NON-CONFORMING USES.
(A) It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof created, erected, converted, changed or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefore by the administrative official, stating that the proposed use of the building or land conforms to the requirements of this ordinance. No non-conforming structure or use shall be maintained, renewed, changed, or extended until a certificate of zoning compliance shall have been issued by the administrative official. The certificate of zoning compliance shall state specifically wherein the non-conformity differs from the provisions of this ordinance.
(B) No permit for erection, alteration, moving, or repair of any building shall be issued until an application has been made for a certificate of zoning compliance, and the certificate shall be issued in conformity with the provision of this ordinance upon completion of the work.
(C) A temporary certificate of zoning compliance may be issued by the administrative official for a period not exceeding six months during alterations or partial occupancy of a building, pending its completion, provided that such temporary certificate may include such conditions as safeguards as will protect the safety of the occupants and the public. The administrative official shall maintain a record of all certificates of zoning compliance, and a copy shall be furnished upon request to any person.
(D) Failure to obtain a certificate of zoning compliance shall be a violation of this ordinance and punishable under Chapter 10 of the Revised Code of Ordinances.
(E) No such certificate of zoning compliance for a new, altered, or nonconforming use shall be issued for the use and occupancy of any building or premises which shall be used for other than single family dwelling purposes unless and until the applicant shall have provided to the Building Inspector a plan of storm water detention describing the method for handling storm water in a manner so that storm water runoff shall not be increased as a result of such structure without detention and other storm water handling facilities and until such storm water detention plans shall have been approved by the City Engineer.
(F) In the event that the applicant shall desire to use and occupy any such building or premises prior to completion of all parking lot required by this Chapter 161, such certificate may issue only under the following circumstances:
(1) Storm water detention shall have been completed according to the storm water detention plan approved by the City Engineer; and
(2) The applicant shall deposit with the City a performance bond in an amount not less than one and one half times the estimated cost of such parking lot improvements which remain to be completed, together with the applicant’s agreement to complete all of such improvements not less than one year after the date of such bond, and that such bond shall be conditioned to guarantee such performance.
(Prior Code, Art. 21, § 21-110.4)
§ 161.089 EXPIRATION OF BUILDING PERMIT.
If the work described in any building permit has not been substantially completed within one year of the date of issuance thereof, said permit shall expire and be cancelled by the administrative official, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new building permit has been obtained. A building permit may be extended beyond one year if it is so requested in writing at the time of issuance of building permit.
(Prior Code, Art. 21, § 21-110.5)
§ 161.090 CONSTRUCTION AND USE TO BE PROVIDED IN APPLICATIONS, PLANS, PERMITS AND CERTIFICATES OF ZONING COMPLIANCE.
Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed violation of this ordinance and punishable as provided by Chapter 10 of the Revised Code of Ordinances.
(Prior Code, Art. 21, § 21-110.6)
§ 161.091 STORM WASTER DETENTION PLANS.
No building permit shall issue for any structure other than a single family structure or for any parking lot unless there shall have been attached to the application therefor a storm water detention plan describing the method for handling storm water in a manner so that storm water runoff shall not be increased as a result of such structure without detention and other storm water handling facilities, and until such storm water detention plan shall have been approved by the City Engineer.
(Prior Code, Art. 21, § 21-110.7)