Pilot Point City Zoning Code
Division 8
Administration and Enforcement
§ 14.02.601 Administration; enforcement official.
The building official is hereby designated by the city council as the administrative official to supervise the administration and enforcement of this article. The building official may be provided with the assistance of such other persons or consultants as the city council may direct. If the administrative official finds that any of the provisions of this article 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 use of land, buildings, or structures, removal of illegal buildings or structures or of illegal additions, alterations, or structural changes, discontinuance of any illegal work being done; or shall take any other action authorized by this article to ensure compliance with or to prevent violation of its provisions.
(1993 Code, sec. 10-10-1)
§ 14.02.602 Building permits.
(a)
Required.
No building or other structure shall be erected, moved, added to, enclosed, or structurally altered without a permit therefor where applicable, and issued by the administrative official. No building permit shall be issued by the administrative official except in conformity with the provisions of this article unless he receives a written order from the zoning board of adjustment in the form of an administrative review, special exception, or variance as provided by this article.
(b)
Application.
(1)
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 administrative official, including existing or proposed building or alteration, existing or proposed uses of the building and 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 article.
(2)
One copy of the plans shall be returned to the applicant by the administrative official, after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The original and one copy of the plans, similarly marked, shall be retained by the administrative official.
(c)
Expiration.
If the work described in any building permit has not begun within six (6) calendar months from the date of issuance thereof, said permit shall expire; it shall be canceled 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 canceled permit shall not proceed unless and until a new building permit has been obtained.
(1993 Code, sec. 10-10-2)
§ 14.02.603 Certificate of occupancy.
(a)
It shall be unlawful to use or occupy, or permit the uses or occupancy of, any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the administrative official stating that the proposed use of the principal building or land conforms to the requirements of this article.
(b)
No nonconforming building or use shall be maintained, renewed, changed, or extended until a certificate of occupancy shall have been issued by the administrative official. The certificate of occupancy shall state specifically wherein the nonconforming use differs from the provisions of this article, provided that upon enactment or amendment of this article, owners or occupants of nonconforming uses or buildings shall have three (3) months to apply for certificates of occupancy. Failure to make such application within three (3) months shall be presumptive evidence that the property was in a nonconforming use at the time of enactment of this article.
(c)
No permit for erection, alteration, moving, or structural repair of any building shall be issued until an application has been made for a certificate of occupancy, and the certificate shall be issued in conformity with the provisions of this article upon completion of the work.
(d)
A temporary certificate of occupancy may be issued by the administrative official for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion, provided that said temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.
(e)
The administrative official shall maintain a public record of all certificates of occupancy.
(1993 Code, sec. 10-10-3)
§ 14.02.604 Permits and certificates; authorization limited.
Building permits or certificates of occupancy issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement, or 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 a violation of this article, and punishable as provided by section 14.02.607 of this division.
(1993 Code, sec. 10-10-4)
§ 14.02.605 Interpretation and appeals.
(a)
It is the intent of this article that all questions of interpretation and enforcement shall be first presented to the administrative official, and that such questions shall be presented to the zoning board of adjustment only on appeal from the decision of the administrative official, and that recourse from the decisions of the zoning board of adjustment shall be to the courts as provided by law.
(b)
It is further the intent of this article that the duties of the city council in connection with this article shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this division. Under this article the city council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this article, as provided by law, and, of establishing a schedule of fees and charges as stated in section 14.02.606 of this division.
(1993 Code, sec. 10-10-5)
§ 14.02.606 Fees.
The city council shall, by resolution, establish a schedule of fees, charges, and expenses and a collection procedure for the administration, permits, certificates of occupancy, zoning change requests, zoning board of adjustment appeals and other matters pertaining to this article. The schedule of fees shall be posted in the office of the zoning administrative official, and may be altered or amended only by action of the city council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.
(1993 Code, sec. 10-10-6)
§ 14.02.607 Violations and penalties.
The owner or general agent of a building or premises where a violation of any provision of the regulations of this article has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee, or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor, or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist, shall be guilty of a misdemeanor punishable by a fine of not less than one hundred dollars ($100.00) or not more than two thousand dollars ($2,000.00) for each and every day that such violation exists.
(1993 Code, sec. 10-10-7)