Old Town City Zoning Code
SECTION 106
Administration, Enforcement and Penalties
§ 106 Zoning enforcing officer.
(a)
The provisions of this ordinance shall be administered and enforced by the building inspector. The building inspector will be appointed by the City Manager and his compensation, if any, will be fixed by the City Manager, subject to the approval of the City Council.
(b)
In areas of special flood hazard, all forms of development shall require a permit from the building inspector.
§ 106.1 Building permit required.
It shall be unlawful for any person(s) to start work for the purpose of construction, alteration or removal of any building unless a building permit has been issued in conformity with this ordinance.
§ 106.2 Application for building permit.
[Ord. of 3-4-1985]
(a)
Any application for a building permit shall be in writing and in duplicate signed by the applicant. Such application shall include such information as lawfully may be required by the building inspector and shall include a site plan at a suitable scale showing:
(1)
The shape, size and location of the lot to be built upon; and
(2)
The shape, size, height and location of the buildings to be erected, altered or removed; and
(3)
Any buildings already on the lot; and
(4)
Setback lines of buildings on adjoining lots; and
(5)
Any other information needed by the building inspector, Planning Board or the board of appeals to determine whether the provisions of this ordinance are being observed.
(b)
One copy of the application and plans shall be returned to the applicant by the building inspector who shall have marked such copy either approved or disapproved and attested to same by his signature on such copy. The second copy of such application and plans, similarly marked, shall be retained by the building inspector and shall be kept on file as a public record. Failure of the building inspector to issue written notice of his decision within 30 days of the date of filing of the application shall constitute refusal of the permit.
(c)
If no significant progress of construction has been made within one year beginning with the date the permit is issued, the permit shall expire.
§ 106.3 Fees.
Before a building permit may be issued, the applicant shall pay a fee in accordance with the rate schedule of Chapter 6, Buildings, Sections 118.2 through 118.6 (see Section 6-4) as applicable.
§ 106.4 Occupancy permit.
(a)
Prior to the sale, lease or occupancy of any new building or buildings, the builder or developer (person who received a valid building permit) will secure an occupancy permit from the City Manager stating that such new structure is in conformity with the codes and ordinances of the City of Old Town. Prior to his issuance of the permit the City Manager will check to see that all requirements under this ordinance and other City ordinances have been met.
(b)
Any person who sells, leases or occupies a new building in the City of Old Town prior to the issuance of an occupancy permit by the City Manager is in violation of this ordinance and is subject to its penalties.
§ 106.5 Use permit.
Special exception uses granted by the Planning Board or allowable uses granted by the board of appeals or Planning Board in accordance with this Code shall require a use permit, and prior to construction, alterations, renovations or occupancy, the applicant shall secure a permit at the following rates:
Type | Fee |
|---|---|
Use permit fee | $10 |
§ 106.6 Penalties for violation.
[Ord. of 6-15-1992]
Any person violating any provision of this ordinance shall be subject to the penalties and provisions set forth in Section 1-8 of the Revised Code of Ordinances of the City of Old Town.
§ 106.7 Remedies.
If any building is erected, constructed, reconstructed, altered, repaired, converted or maintained or, any building or land is used in violation of this ordinance, the building inspector or any other appropriate authority of any adjacent or neighboring property owner who would be damaged by such violation, in addition to other remedies may institute injunction, mandamus or any other appropriate action in proceeding to prevent such violation.