North Manchester City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 156.490 BUILDING COMMISSIONER; DUTIES.
(A) The Building Commissioner is hereby designated and authorized to enforce this chapter.
(B) For the purpose of this chapter, the Building Commissioner shall have the following duties:
(1) Upon finding that any of the provisions of this chapter are being violated, the Building Commissioner shall notify in writing the person responsible for the violation, ordering the action necessary to correct the violation;
(2) Order discontinuance of illegal uses of land, buildings or structures;
(3) Order removal of illegal buildings or structures or illegal additions or structural alterations;
(4) Order discontinuance of any illegal work being done; and
(5) Take any other action authorized by this chapter to ensure compliance with or to prevent violations of this chapter. This may include the issuance of and action on zoning and certificate of occupancy permits and other similar administrative duties as are permissible under the law.
(Ord. passed 9-26-2006)
§ 156.491 PLAN COMMISSION.
For the purpose of this chapter, the Plan Commission shall have the following duties:
(A) Initiate proposed amendments to this chapter;
(B) Review all proposed amendments to this chapter and make recommendations to the Town Council; and
(Ord. passed 9-26-2006)
§ 156.492 BOARD OF ZONING APPEALS.
(A) The Board shall have the following powers, and it shall be its duty to:
(1) Hear and determine appeals from and review any order, requirement, decision or determination made by the Building Commissioner in the enforcement of this chapter;
(2) Permit and authorize exceptions to the district regulations only in the classes or cases or in particular situation as specified in the ordinance or by state law;
(4) Authorize, upon appeal, in specific cases such variances from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions, fully demonstrated on the basis of the facts presented, a literal enforcement of the provisions of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done.
(Ord. passed 9-26-2006)
§ 156.493 IMPROVEMENT LOCATION PERMIT.
(A) Improvement location permit required. Within the jurisdictional area of the town’s Plan Commission no structure, improvement, or use of land may be altered, changed, placed, erected or located on platted or unplatted lands, unless the structure, improvement or use and its location conform with the ordinances of the town, and an improvement location permit for such structure, improvement or use has been issued; except that, no permit is required for buildings used exclusively for agricultural purposes on a tract of land containing 40 acres or more, unless used for residential purposes. Improvement location permits shall be required for all structures as is set forth in the town’s Building Code, as amended from time to time.
(B) Application for a location permit. Every person shall make application for an improvement location permit before beginning construction and shall at the time of making such application furnish a site plan or development plan of the real estate upon which said application for an improvement location permit is made, at least five days prior to the issuance of said improvement location permit, unless said five-day period has been waived. Said site plan shall be drawn to scale showing the following items:
(1) Legal or site description of the real estate involved;
(2) Location and size of all buildings, structures, setbacks and yard;
(3) Width and length of all entrances and exits to and from said real estate;
(4) All adjacent and adjoining roads or highways; and
(5) Surface water drainage, detention or retention plan and such other pertinent information as may be required by the Building Commissioner on a case by case basis.
(C) Certificate of compliance necessary.
(1) An application for an improvement location permit for any use that is commercial or industrial in nature shall be accompanied by a “certificate of compliance” subscribed by a professional engineer or registered architect of the state, certifying that the use intended will satisfy the performance standards of commercial, limited industrial use or industrial use, as the case may be, and in the district in which it is to be located. The Building Commissioner may take ten days in which to study the application; during which time, he or she may consult with appropriate technical consultants. If, after the ten-day period, the Building Commissioner has not required any additional information or stated any objections in writing, the Building Commissioner shall issue the improvement location permit.
(2) No improvement location permit shall be issued for excavation for or the erection, reconstruction or structural alteration of any building, before application has been made for a certificate of occupancy.
(D) Development plan required. The development plan which accompanies the application for an improvement location permit for a use which is multiple family, business, industrial, a special exception or a planned unit development shall include a certification made by a registered professional engineer or registered land surveyor that the proposed development will not increase the volume or rate of flow of surface water from the site onto adjacent property or, if the volume of run-off or the rate of flow of surface water will be increased, that the development plan includes detention or retention structures which will not increase the volume or rate flow of surface water onto adjacent property. The Building Commissioner shall forward the application and development plan to the Department of Storm Water Management and shall take no further action on the application until the development plan has been accepted as proposed or as modified and approved by the Department of Storm Water Management and returned to the Building Commissioner. Development plans so furnished shall be filed and retained as a permanent public record.
(E) Issuance of improvement location permit. The Building Commissioner shall issue an improvement location permit, upon written application as follows:
(1) When the proposed structure, improvement or use and its location conform in all respects to the master plan for the town; and
(2) For a conditional use or special exception only following receipt of notice from the Board of Zoning Appeals that an application therefor has been approved by said Board.
(F) Posting of improvement location permit. Within seven days following the issuance of an improvement location permit, the applicant shall post such permit in a conspicuous place, on the lot for which said permit was issued.
(G) Appeal of improvement location permit issuance. Any decision of the Building Commissioner of the town concerning the issuance of an improvement location permit may be appealed to the Board of Zoning Appeals by any person claiming to be adversely affected by such decisions, within 60 days from such decision. However, it shall be the responsibility of the party appealing such decision to take such action promptly to avoid additional costs or losses to the person or entity obtaining such permit.
(Ord. passed 9-26-2006)
§ 156.494 CERTIFICATES OF OCCUPANCY.
(A) No land shall be occupied or used and no building hereafter erected, reconstructed or structurally altered (reconstruction or structural alteration shall not include residential remodeling unless specifically applied by the Building Commissioner) shall be occupied or used, in whole or in part, for any purpose whatsoever, until a certificate of occupancy has been issued stating that the building and use comply with all of the provisions of this chapter applicable to the building or premises of the use in the district in which it is to be located, to the extent that the town is presently issuing such permits. The failure of the town to use or issue such certificates shall not be cause to preclude it from requiring such certificates at any future time.
(B) When the improvement covered by the improvement location permit has been completed in substantial conformity with the site plan or development plan submitted in the application pursuant to this subchapter, a certificate of occupancy shall then be issued. It shall be the responsibility of the owner or the contractor to notify the Building Commissioner of the need for inspections prior to issuance of a certificate of occupancy.
(C) No change shall be made in the use of land or in the use of any building or part thereof, now or hereinafter erected, reconstructed or structurally altered, without a certificate of occupancy having been issued, and no such certificate shall be issued to make such a change unless it conforms with the provisions of this chapter.
(D) A certificate of occupancy shall be applied for coincidentally with the application for an improvement location permit and shall be issued within ten days after the lawful erection, reconstruction or structural alteration of such building or other improvement of the land shall have been completed; provided that, all pertinent laws, statutes, regulations and ordinances have been complied with.
(E) A record of all certificates of occupancy shall be kept on file in the office of the Building Commissioner and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building or land affected.
(Ord. passed 9-26-2006)
§ 156.495 TEMPORARY CERTIFICATE OF OCCUPANCY.
(A) A temporary certificate of occupancy may be issued by the Building Commissioner for a period of six months during alterations or partial occupancy of a building or structure pending its completion.
(B) The temporary certificate of occupancy may be renewed by the Building Commissioner for a period not to exceed six additional months for good cause shown by the applicant.
(Ord. passed 9-26-2006)