Red Oak City Zoning Code
ARTICLE 13
CERTIFICATE OF OCCUPANCY AND COMPLIANCE
§ 1 CREATION OF BUILDING SITE.
13.1.1
No permit for the construction of a building or buildings upon any tract or plat shall be issued until a building site, building tract, or building lot as been created by compliance with one of the following conditions:
A.
The lot or tract is part of a plat of record, property approved by the Planning and Zoning Commission, and filed in the Plat Records of Ellis County, Texas; or
B.
The plat or tract is all or part of the site plan officially approved by the City Council, and compliance has been made with provisions and improvements approved on such site plan for all utility and drainage easements, dedication of streets, alleys and other public improvements required to meet the standards established for the platting of land; or
C.
The plat or tract is all or part of a site plan officially approved by the City Council, and compliance has been made with provisions and improvements approved on such site plan for all utility and drainage easements, dedication of streets, alleys and other public improvements required to meet the standards established for the platting of land.
(Ordinance 07-15 adopted 7/9/07; Ordinance 11-019, sec. 2, adopted 4/11/11)
§ 2 CERTIFICATE OF OCCUPANCY.
13.2.1
Requirements
A.
Certificate of Occupancy shall be required for any of the following:
1.
Occupancy and use of a new residential building;
2.
Change in use of an existing nonresidential building;
3.
Occupancy and/or use of a nonresidential building hereafter erected or structurally altered;
4.
Any change in the occupancy of a nonconforming use;
5.
Change in ownership and/or name of an existing business.
6.
Occupancy and/or use of a lot, tract, or parcel of land without a building.
B.
No such use, or change of use, shall take place until a Certificate of Occupancy thereof shall have been issued by the Building Official. All required construction inspections must be completed before anything is allowed to be moved into the building.
(Ordinance 07-15 adopted 7/9/07; Ordinance 11-019, sec. 2, adopted 4/11/11)
§ 3 PROCEDURE FOR OCCUPANCY OF NEW RESIDENTIAL BUILDINGS.
13.3.1
A Certificate of Occupancy for a new residential building shall be issued when such building has been completed in conformity with the provisions of this Ordinance and all required construction inspections have been passed. A certificate shall be issued within ten (10) days after final inspection is complete and all fees owed to City have been paid.
(Ordinance 07-15 adopted 7/9/07; Ordinance 07-31, sec. 1, adopted 11/13/07; Ordinance 08-03 adopted 1/14/08; Ordinance 08-72, sec. 1 adopted 10/14/08; Ordinance 09-049, sec. 2, adopted 8/10/09; Ordinance 10-018, sec. 8, adopted 6/14/10; Ordinance 10-039, sec. 2, adopted 10/12/10; Ordinance 11-045, sec. 1, adopted 8/8/11; Ordinance 13-017, sec. 2, adopted 4/8/13; Ordinance 16-045, sec. 1, adopted 12/12/16; Ordinance 16-046, sec. 1, adopted 12/12/16; Ordinance 17-016, sec. 2, adopted 6/12/17; Ordinance 18-014, sec. 2, adopted 4/9/18; Ordinance 19-041, sec. 1, adopted 9/9/19; Ordinance 20-044, sec. 2, adopted 12/14/20; Ordinance 21-033 adopted 8/9/21)
§ 4 PROCEDURE FOR CHANGE IN USE OF AN EXISTING NONRESIDENTIAL BUILDING.
13.4.1
Written application for a Certificate of Occupancy for a change in the use of an existing building shall be made to the Building Official. All required inspections for a Certificate of Occupancy are separate from any construction inspections, and are required to be successfully completed before certificate will be issued. Parking and landscaping requirements must be met, as herein provided. If the proposed use is in conformity with the provisions of this Ordinance, the Certificate of Occupancy therefor shall be issued within ten (10) days after the application for same has been made provided that all requirements are met.
(Ordinance 07-15 adopted 7/9/07; Ordinance 07-31, sec. 1, adopted 11/13/07; Ordinance 08-03 adopted 1/14/08; Ordinance 08-72, sec. 1 adopted 10/14/08; Ordinance 09-049, sec. 2, adopted 8/10/09; Ordinance 10-018, sec. 8, adopted 6/14/10; Ordinance 10-039, sec. 2, adopted 10/12/10; Ordinance 11-045, sec. 1, adopted 8/8/11; Ordinance 13-017, sec. 2, adopted 4/8/13; Ordinance 16-045, sec. 1, adopted 12/12/16; Ordinance 16-046, sec. 1, adopted 12/12/16; Ordinance 17-016, sec. 2, adopted 6/12/17; Ordinance 18-014, sec. 2, adopted 4/9/18; Ordinance 19-041, sec. 1, adopted 9/9/19; Ordinance 20-044, sec. 2, adopted 12/14/20; Ordinance 21-033 adopted 8/9/21)
§ 5 PROCEDURE FOR OCCUPANCY AND/OR USE OF A NONRESIDENTIAL BUILDING HEREAFTER ERECTED OR STRUCTURALLY ALTERED.
13.5.1
Written application for a Certificate of Occupancy and/or use of a nonresidential building hereafter erected or structurally altered shall be made to the Building Official. All required inspections for a Certificate of Occupancy are separate from any construction inspections, and are required to pass before certificate will be issued. Parking and landscaping requirements must be met, as herein provided. If the proposed use is in conformity with the provisions of this Ordinance, the Certificate of Occupancy therefor shall be issued within ten (10) days after the application for same has been made provided that all requirements are met.
(Ordinance 07-15 adopted 7/9/07; Ordinance 07-31, sec. 1, adopted 11/13/07; Ordinance 08-03 adopted 1/14/08; Ordinance 08-72, sec. 1 adopted 10/14/08; Ordinance 09-049, sec. 2, adopted 8/10/09; Ordinance 10-018, sec. 8, adopted 6/14/10; Ordinance 10-039, sec. 2, adopted 10/12/10; Ordinance 11-045, sec. 1, adopted 8/8/11; Ordinance 13-017, sec. 2, adopted 4/8/13; Ordinance 16-045, sec. 1, adopted 12/12/16; Ordinance 16-046, sec. 1, adopted 12/12/16; Ordinance 17-016, sec. 2, adopted 6/12/17; Ordinance 18-014, sec. 2, adopted 4/9/18; Ordinance 19-041, sec. 1, adopted 9/9/19; Ordinance 20-044, sec. 2, adopted 12/14/20; Ordinance 21-033 adopted 8/9/21)
§ 6 PROCEDURE FOR ANY CHANGE IN THE OCCUPANCY OF A NONCONFORMING USE.
13.6.1
Applications
Written application for a Certificate of Occupancy for any change in the occupancy of a nonconforming use shall be made to the Building Official. All required inspections for a Certificate of Occupancy are separate from any construction inspections, and are required to pass before certificate will be issued. Any change in the use of a nonconforming use must be a proposed use and conform to the provisions of this Ordinance, provided that a use identical to the previous use is permitted within ninety (90) days of the closing of the previous business. Parking and landscaping requirements must be met, provided that any use nonconforming use [sic] is not required to concrete any parking area.
13.6.2
Issuance
If the proposed use is in conformity with the provisions of this Ordinance, the Certificate of Occupancy therefor shall be issued within ten (10) days after the application for same has been made provided that all requirements are met.
(Ordinance 07-15 adopted 7/9/07; Ordinance 07-31, sec. 1, adopted 11/13/07; Ordinance 08-03 adopted 1/14/08; Ordinance 08-72, sec. 1 adopted 10/14/08; Ordinance 09-049, sec. 2, adopted 8/10/09; Ordinance 10-018, sec. 8, adopted 6/14/10; Ordinance 10-039, sec. 2, adopted 10/12/10; Ordinance 11-045, sec. 1, adopted 8/8/11; Ordinance 13-017, sec. 2, adopted 4/8/13; Ordinance 16-045, sec. 1, adopted 12/12/16; Ordinance 16-046, sec. 1, adopted 12/12/16; Ordinance 17-016, sec. 2, adopted 6/12/17; Ordinance 18-014, sec. 2, adopted 4/9/18; Ordinance 19-041, sec. 1, adopted 9/9/19; Ordinance 20-044, sec. 2, adopted 12/14/20; Ordinance 21-033 adopted 8/9/21)
§ 7 PROCEDURE FOR CHANGE IN OWNERSHIP AND/OR NAME OF AN EXISTING BUILDING.
13.7.1
Written application for a Certificate of Occupancy for any change in ownership and/or name of an existing building shall be made to the Building Official. All required inspections for a Certificate of Occupancy are separate from any construction inspections, and a passing score is required before a certificate will be issued. Parking and landscaping requirements must be met, as herein provided. If the proposed use is in conformity with the provisions of this Ordinance, the Certificate of Occupancy shall be issued within ten (10) days after the application for same has been made.
(Ordinance 07-15 adopted 7/9/07; Ordinance 07-31, sec. 1, adopted 11/13/07; Ordinance 08-03 adopted 1/14/08; Ordinance 08-72, sec. 1 adopted 10/14/08; Ordinance 09-049, sec. 2, adopted 8/10/09; Ordinance 10-018, sec. 8, adopted 6/14/10; Ordinance 10-039, sec. 2, adopted 10/12/10; Ordinance 11-045, sec. 1, adopted 8/8/11; Ordinance 13-017, sec. 2, adopted 4/8/13; Ordinance 16-045, sec. 1, adopted 12/12/16; Ordinance 16-046, sec. 1, adopted 12/12/16; Ordinance 17-016, sec. 2, adopted 6/12/17; Ordinance 18-014, sec. 2, adopted 4/9/18; Ordinance 19-041, sec. 1, adopted 9/9/19; Ordinance 20-044, sec. 2, adopted 12/14/20; Ordinance 21-033 adopted 8/9/21)
§ 8 CONTENTS.
13.8.1
Every Certificate of Occupancy shall state that the building, or the proposed use of a building, complies with all provisions of the building and fire codes and Ordinances.
13.8.2
A record of all Certificates of Occupancy shall be kept in file in the office of the Building Official, or his agent, and copies shall be furnished upon request to any person having proprietary or tenancy interest in the building affected.
(Ordinance 07-15 adopted 7/9/07; Ordinance 07-31, sec. 1, adopted 11/13/07; Ordinance 08-03 adopted 1/14/08; Ordinance 08-72, sec. 1 adopted 10/14/08; Ordinance 09-049, sec. 2, adopted 8/10/09; Ordinance 10-018, sec. 8, adopted 6/14/10; Ordinance 10-039, sec. 2, adopted 10/12/10; Ordinance 11-045, sec. 1, adopted 8/8/11; Ordinance 13-017, sec. 2, adopted 4/8/13; Ordinance 16-045, sec. 1, adopted 12/12/16; Ordinance 16-046, sec. 1, adopted 12/12/16; Ordinance 17-016, sec. 2, adopted 6/12/17; Ordinance 18-014, sec. 2, adopted 4/9/18; Ordinance 19-041, sec. 1, adopted 9/9/19; Ordinance 20-044, sec. 2, adopted 12/14/20; Ordinance 21-033 adopted 8/9/21)
§ 9 TEMPORARY CERTIFICATE.
13.9.1
Pending the issuance of a regular Certificate of Occupancy, the Building Official may issue a Temporary Certificate of Occupancy for a period of time not exceeding 120 days, during the completion or alterations or during partial occupancy of a building pending its completion. A temporary certificate will be issued only for incomplete landscaping and concrete parking as otherwise provided by the building code. It is required that the cost of the total project completion be submitted to the City in the form of a written contract or quote good for 120 days, from the contractor prepared to complete work. This total amount will be escrowed to the City for completion of the project. All required inspections for a Certificate of Occupancy are separate from any construction inspections and are required to pass before a temporary certificate will be issued. Such temporary certificates shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the City relating to the use or occupancy of the premises or any other matter covered by this Ordinance.
(Ordinance 07-15 adopted 7/9/07; Ordinance 07-31, sec. 1, adopted 11/13/07; Ordinance 08-03 adopted 1/14/08; Ordinance 08-72, sec. 1 adopted 10/14/08; Ordinance 09-049, sec. 2, adopted 8/10/09; Ordinance 10-018, sec. 8, adopted 6/14/10; Ordinance 10-039, sec. 2, adopted 10/12/10; Ordinance 11-045, sec. 1, adopted 8/8/11; Ordinance 13-017, sec. 2, adopted 4/8/13; Ordinance 16-045, sec. 1, adopted 12/12/16; Ordinance 16-046, sec. 1, adopted 12/12/16; Ordinance 17-016, sec. 2, adopted 6/12/17; Ordinance 18-014, sec. 2, adopted 4/9/18; Ordinance 19-041, sec. 1, adopted 9/9/19; Ordinance 20-044, sec. 2, adopted 12/14/20; Ordinance 21-033 adopted 8/9/21)
§ 10 CERTIFICATES FOR NONCONFORMING USES.
13.10.1
A Certificate of Occupancy shall be required for all lawful nonconforming uses of land or buildings created by adoption of this Ordinance. Application for such Certificate of Occupancy for a nonconforming use shall be filed with the Building Official by the owner or lessee of the building or land occupied by such nonconforming use within one (1) year of the effective date of this Ordinance or any amendment thereto which results in a nonconforming use.
(Ordinance 07-15 adopted 7/9/07; Ordinance 07-31, sec. 1, adopted 11/13/07; Ordinance 08-03 adopted 1/14/08; Ordinance 08-72, sec. 1 adopted 10/14/08; Ordinance 09-049, sec. 2, adopted 8/10/09; Ordinance 10-018, sec. 8, adopted 6/14/10; Ordinance 10-039, sec. 2, adopted 10/12/10; Ordinance 11-045, sec. 1, adopted 8/8/11; Ordinance 13-017, sec. 2, adopted 4/8/13; Ordinance 16-045, sec. 1, adopted 12/12/16; Ordinance 16-046, sec. 1, adopted 12/12/16; Ordinance 17-016, sec. 2, adopted 6/12/17; Ordinance 18-014, sec. 2, adopted 4/9/18; Ordinance 19-041, sec. 1, adopted 9/9/19; Ordinance 20-044, sec. 2, adopted 12/14/20; Ordinance 21-033 adopted 8/9/21)