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Oglethorpe City Zoning Code

ARTICLE II

- ADMINISTRATION AND ENFORCEMENT

Sec. 38-39. - Appeals.

Any party aggrieved because of the alleged error in any order, requirement, decision, or determination made by the building inspector in enforcement of this article may appeal in writing to the city clerk for and receive a hearing by the city attorney for an interpretation of pertinent chapter provisions. In exercising this power of interpretation, the city attorney may, in conformity with the provisions of this zoning chapter, reverse or affirm any order, requirement, decision, or determination made by the building inspector. Any party aggrieved by any decision of the city attorney may seek review of such decision by a court of record, as provided by the law.

(Ord. of 11-25-1974, §§ 130, 131)

Sec. 38-40. - Zoning enforcement officer.

It shall be the duty of the building inspector and he is hereby given the authority to administer and enforce the provisions of this chapter.

(Ord. of 11-25-1974, § 121)

Sec. 38-41. - Building permit.

(a)

No building or other structure shall be located, erected, moved, added to, or structurally altered without a building permit issued by the building inspector. No building permit shall be issued, except in conformity with the provisions of this chapter.

(b)

All applications for building permits shall be accompanied by plans in duplicate, drawn to scale, showing:

(1)

The actual dimensions of the lot to be built upon;

(2)

The sizes and locations on the lot of any existing buildings or structures;

(3)

The shape, size, height, use, and location on the lot of the building or structure proposed to be erected or altered; and

(4)

Such other information as may be necessary to provide for the enforcement of the provisions of this chapter.

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.

(Ord. of 11-25-1974, §§ 122, 123)

Sec. 38-42. - Certificate of occupancy required.

(a)

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 altered or a change in the use of an existing building.

(3)

Any nonconforming use that is existing at the time of the enactment of the ordinance from which this chapter is derived or an amendment thereto that is changed, extended, altered, or rebuilt thereafter.

The certificate of occupancy shall state specifically wherein the nonconforming use fails to meet the provisions of this chapter.

(b)

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

(c)

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.

(Ord. of 11-25-1974, § 124)

Sec. 38-43. - Continuance of nonconforming uses.

The lawful use of any building or structure or land existing at the time of the enactment of this chapter may be continued even though such use does not conform with the provisions of this chapter, except that the nonconforming structure or use shall not be:

(1)

Changed to another nonconforming use;

(2)

Re-established after discontinuance for one year;

(3)

Extended except in conformity with this chapter; or

(4)

Rebuilt, altered, or repaired after damage exceeding 50 percent of its replacement cost at the time of destruction, except in conformity with this chapter.

(Ord. of 11-25-1974, § 61)