A.

Section 18-11, State minimum standard codes adopted, chapter 18. Buildings and building regulations of the City Code adopts and incorporates by reference the state minimum standard codes for construction and provides for the administration and enforcement of these state minimum standard codes as adopted and amended by the Georgia Department of Community Affairs.

All development and use of property in the city limits shall comply with Life Safety Code (NFPA 101, 2012 Edition), the Georgia Accessibility Code, ISPSC, the International Swimming Pool and Spas Code and the IEBC, the International Existing Building code.

B.

Building code adopted. The International Building Code (IBC), defined as the Georgia State Minimum Standard Code by the Georgia Legislature at O.C.G.A. § 8-2-20(9), as may hereafter be amended or revised, is made a part of this article as fully as though stated verbatim here.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

The officials listed below shall be authorized to issue the referenced permits, subject to all valid ordinances of the City of Riverdale prescribing standards for issuing certain permits and approvals, or in the absence of such ordinances, subject to the valid ordinances of Clayton County, Georgia. No development or building permit approved by the city shall grant permission for the use, construction or alteration of any land or building that would violate any provision of this ordinance or any other codes or laws of the city, county, state or federal government.

A.

Demolition permits shall be issued by the City of Riverdale Building Official.

B.

Building permits shall be issued by the City of Riverdale Building Official.

C.

Land disturbance permits (LDPs) shall be issued by the City of Riverdale.

D.

Flood damage prevention ordinance. Any development within a recognized flood plain shall comply with chapter 38, Floods of the City of Riverdale, Georgia Code of Ordinances. All necessary permits shall be obtained from the community development director prior to initiation of land disturbance.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Review of all construction drawings and architectural plans shall be required for any proposed use of land prior to issuance of any land disturbance or building permit for determining compliance with the standards of this ordinance. No clearing, site improvement, grading or alteration of land or any expansion, erection, placement or exterior renovation of any building shall be initiated prior to a determination of such compliance. Construction drawings, site plans, architectural plans and other development plans required by this ordinance shall only be prepared by individuals currently registered for such work in accordance with applicable state laws.

B.

Land disturbance and building permit applications shall be reviewed by the community development department and shall be accompanied by complete plans signed and sealed by the preparer. All applications for building permits shall be accompanied by three sets of printed plans and should also be submitted in electronic format, drawn to scale and containing the following information:

1.

Contact information for that individual who may be reached at all times concerning the development;

2.

Address of the property proposed for development and parcel identification number;

3.

A scaled drawing indicating the configuration and dimensions of the lot to be built upon;

4.

Dimensions and locations of all existing and proposed buildings, site improvements and proposed alterations to any buildings or site improvements;

5.

Existing and proposed use of each building, or portion thereof;

6.

Location of any existing buildings on adjoining lots;

7.

Number of dwelling units each building is designed to accommodate;

8.

Building setbacks;

9.

Vehicle access, parking and loading;

10.

Open space, as appropriate;

11.

Any canopy tree having a DBH of 12 inches or more and any understory or ornamental tree having a caliper of eight inches or more with a designation of such trees to be preserved or removed;

12.

Location of all solid waste containers; and

13.

Such other information concerning the lot and adjacent lots as may be essential for determining compliance with the standards of this ordinance.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A land disturbance permit a shall be required for any proposed use of land to document and insure compliance with all provisions of this ordinance prior to issuance of any building permit or before any improvement, clearing, grading or alteration of land commences.

A.

Application. All applications for a land disturbance permit and shall be made to the community development department and shall be accompanied by complete plans in duplicate drawn to scale, signed by the preparer with his or her address and contact information, and depicting all site information.

B.

Issuance. No development permit issued by the community development department shall grant permission for the use, construction upon or alteration of any land that as proposed to be used, built upon or altered could be in violation of any of the provisions of this ordinance or any other codes and laws of the city, county or the state, except as provided here.

C.

Duration of validity. A development permit shall be valid for two years from the date of issuance subject to the following provisions:

1.

The permit shall expire if the work described in any development permit has not been initiated within 180 days from the date of issuance, and

2.

The permit shall expire if work described in any development permit has not been substantially completed within two years of the date of issuance.

D.

Written notice required. Written notice of the expiration of a development permit shall be given to the persons affected, together with written notice that further work as described in the canceled permit shall not proceed until a new development permit has been granted.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Any owner, authorized agent or contractor who desires to construct, enlarge, alter, repair, move, demolish or change a building, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical, plumbing or fire sprinkler system, the installation of which is regulated by the construction codes, or to cause any such work to be done, shall first make application to the community development department and obtain the required permit for the work.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

One copy of the building plans shall be returned to the applicant following approval by the community development department, together with the permit upon payment of all applicable fees. In the event that no substantial construction progress has been made within six months of the date of the issuance of the building permit, or the work authorized by the permit is suspended or abandoned for a period of six months or more, the permit shall become void. Building permits shall not be transferable.

B.

No building permit shall be issued by any officer, department or employee of the city unless the application for such permit has been examined and approved by the community development department certifying that the proposed building or alteration complies with all provisions of this ordinance and the approved plans. Any building permit issued in conflict with the provisions of this ordinance or the approved plans shall be null and void.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Building permits or certificates of occupancy issued based on plans and applications approved by the community development department authorize only the use, arrangement and construction set forth in such approved plans and applications, and for no other use, arrangement or construction. Use, arrangement, or construction inconsistent with that so authorized shall be deemed a violation of this ordinance.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

The finance director shall issue an occupational tax permit only upon written confirmation by the community development director that the proposed use complies with the standards of the zoning district in which the business entity is located or is to be located., A duly issued certificate of occupancy shall be evidence of such compliance. See article 10, Nonconforming Uses, Buildings and Lots.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20; Ord. No. 6-2021, § 1(Exh. A), 11-16-21)

A.

A certificate of occupancy issued by the community development department shall be required prior to establishment of the following uses or occupancies:

1.

Initial use of any lot, or a change in, or expansion of, the existing use.

2.

Any building hereafter erected or a change in the use of an existing building.

3.

Any nonconforming use that exists as of the effective date of this ordinance or amendment thereto that is changed to a conforming use.

B.

The community development department shall upon receipt of an application for a certificate of occupancy investigate the building and the proposed use and make a determination as to compliance with all applicable zoning, building, traffic and life safety codes, standards and regulations in conjunction with the building official, fire marshal and police chief. The community development department shall also assess compliance of the construction or alteration with the plans submitted with the building permit application and approved by the community development director. The community development department shall issue a certificate of occupancy to the applicant upon a determination that these requirements have been met. The C.O. shall clearly state the use being permitted, any limitations imposed on the use, and a description of any portion of a building or land not to be so used. The community development department shall decline to issue a C.O. for any building, lot or portion thereof upon a determination that these requirements have not been met and shall notify the applicant via certified mail return receipt requested or by hand delivery of the denial of the certificate in writing stating the reasons for such denial.

C.

No occupational tax permit shall be issued to any person or firm unless the proposed use conforms to the standards of the zoning district in which the use is to be located. A certificate of occupancy duly issued by the City of Riverdale as provided in this section shall be evidence of such conformity.

D.

The community development director may exclude single-family and two-family dwellings from the requirement to obtain a certificate of occupancy and may deem final inspection to be final approval.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20; Ord. No. 6-2021, § 1(Exh. A), 11-16-21)

Whenever the community development department determines that any building is being constructed, altered or modified, or any land is being used in violation of this ordinance, and in his or her judgment immediate cessation of such construction, alteration, or modification of buildings, or use of land is required to prevent harm to any person, firm, corporation, or public agency, or to preserve the status quo, he or she may issue a stop work order to the responsible party. Appeals from the decision of the community development director with regard to interpretation, administration and enforcement of this ordinance shall be made to the board of zoning appeals in accordance with the provisions of section 14.3, Appeals.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Any permit or license issued in conflict with the provisions of this ordinance shall be null and void.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

No building, land or open space shall be used or occupied, and no building or portion of a building shall be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with the standards of this ordinance applicable to the zoning in which the lot is located.

B.

No change in occupancy type shall be permitted prior to a review and inspection by the director of community development and the fire marshal, as applicable, has been performed to assess compliance of the proposed use with the standards of this ordinance.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

No building or lot shall be used or occupied and no building or portion of a building shall be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations contained herein for the district in which it is located.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

No building shall be erected or altered to exceed the height of this ordinance; to accommodate a greater number of households; to occupy a greater percentage of lot area; or to have narrower or smaller front, side or rear yards or other open spaces than required; or be rendered in any other manner that does not conform with the standards of this ordinance.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

No part of a yard or off-street parking or loading spaces required to comply with the standards of this ordinance shall be included as part of the yard or off-street parking or loading spaces required for another lot except as specifically provided herein. No part of a lot that is located within the flood plain shall be used in the determination of compliance with the minimum lot area of the zoning district in which the lot is located.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

No more than one principal dwelling and the customary accessory buildings as permitted by section 4.2.2, Residential accessory building standards and uses shall be permitted on any lot zoned in a single-family detached residential district.

B.

More than one structure may be erected on a single lot located in an R-3 residential attached district or an MR multifamily residential district, provided that yard dimensions and all other applicable standards of this ordinance shall be met.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Except where otherwise specifically permitted, temporary buildings such as a manufactured home or trailer intended for human occupancy shall be prohibited in any zoning district with the exception of the following circumstances:

1.

Sleeping accommodations for caretaker residence in an M light industrial district,

2.

Home sales office for a subdivision only during such time as lots and dwellings in a subdivision are being marketed, or

3.

In conjunction with construction work or pending completion of a permanent building for a period concurrent with approved land disturbance and building permits. Such temporary buildings shall be sited and permitted in any district upon approval by the community development director through an administrative permit. Such temporary buildings shall be removed when site construction activities have been completed.

B.

Temporary buildings for use in conjunction with a construction project or subdivision development shall be permitted on the property undergoing such development during construction. Temporary buildings related to a residential subdivision shall be removed upon issuance of a certificate of occupancy for a minimum of 95 percent of all lots, or within four years of initiation of construction, whichever occurs first. For purposes of this section, initiation of construction shall be work related to any utility or street installation or building construction. Placement or otherwise locating a temporary building on the property being developed without first obtaining the applicable permit from the community development director shall be a violation of this ordinance.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Any lot on which both a private water well and septic tank or other private sanitary sewer system is to be provided shall have a minimum lot frontage of 125 feet and a minimum area of one acre, or a greater as may be required by the state or Clayton County Environmental Health Office. Any lot on which public water supply will serve the property and a septic tank or other private sanitary sewer system is to be provided shall have a minimum area of 25,000 square feet, or a greater as may be required by the state or Clayton County Environmental Health Office.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Except as otherwise provided, no lot existing on the effective date of this ordinance shall be reduced, divided, changed or otherwise altered to yield a lot that does not comply with the minimum standards of this ordinance for the district in which the lot is located unless said reduction or division is necessary to provide land that is required and accepted for public use.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

Any lot of record existing on the effective date of this ordinance that has an area or width less than required by this ordinance shall be subject to the following requirements:

1.

Adjoining lots. When two or more adjoining and undeveloped lots having continuous frontage are held in common ownership at the time of application for development and such lots have lot frontage or lot area less than required by the zoning district in which they are located, such lots shall be re-platted to create one or more lots that comply with minimum lot frontage and lot area of the district.

2.

Lots not meeting minimum lot area standards. When a lot has an area or frontage that does not conform with the standards of the district in which the lot is located, but was a lot of record on the effective date of this ordinance, such lot may be used for any use allowed in the zoning district in which such lot is located provided that all other requirements of this ordinance shall be met.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

A.

In the event a landlocked lot exists as of the effective date of this ordinance, the property owner shall be entitled to a single building permit, provided the following conditions are met:

1.

No other principal building exists or is being constructed on the property.

2.

No other valid building permit has been issued prior to the effective date of this ordinance and that is currently valid.

3.

The property has been under single ownership for a minimum of five years prior to the effective date of this ordinance and continues to be under single ownership from the effective date of this ordinance.

4.

The property owner has acquired a 30-foot access easement to a publicly maintained street, and said easement has been duly recorded and made a part of the property deed; and

5.

In the event the property is subdivided, no additional permits shall be issued.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

With the exception of fee simple townhouses, condominiums, office condominiums and similar units, no building shall be erected on a lot that does not abut upon an open street that shall be a public street, a publicly maintained street, or a publicly approved street for a minimum distance of 25 feet. The minimum street frontage for fee simple townhouses, condominiums, office condominiums and similar units shall be equal to or greater than the minimum width at the building line.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

No building permit shall be issued for residential, commercial or industrial development fronting on a state highway until the approval of the Georgia Department of Transportation (GDOT) has been obtained by the applicant for all entrances and exits, curb radii, drainage and other matters within the jurisdiction of GDOT.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Nothing in this ordinance shall require any change in the construction or intended use of a building that is lawfully under construction or for which a building permit has been lawfully issued as of the effective date of this ordinance and the construction of which shall be diligently pursued until completion.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)

Nothing in this ordinance shall require any change in development or the proposed use of property that are lawfully under construction or for which a development plan or preliminary plat has been approved as of the effective date of this ordinance provided that construction shall commence within six months of the effective date of this ordinance.

(Ord. No. 7-2020, § 1(Exh. A), 10-26-20)