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Smyrna City Zoning Code

ARTICLE XIII

ADMINISTRATION, ENFORCEMENT, PENALTIES AND REMEDIES

Sec. 1301.- Zoning enforcement officer.

This ordinance shall be administered and enforced by the building inspector who shall have the following duties with respect to this ordinance:

(a)

Issuing of grading and building permits and certificates of occupancy in accordance with all provisions of this ordinance;

(b)

Making field inspections to determine that the building or structure being constructed, reconstructed or structurally altered or used is being pursued in accordance with the site plan for which a building permit has been issued;

(c)

Making field inspections to insure compliance of existing buildings, uses, and structures to provisions of [this] ordinance;

(d)

Insuring that all construction has been completed in accordance with all applicable city code requirements prior to allowing occupancy; [and]

(e)

Enforcing provisions of this ordinance through legal or other appropriate means to insure compliance.

(Ord. of 12-29-77, § 1)

Sec. 1302. - Building permit required.

No building or other structure shall be erected, moved, added to, or structurally altered without a building permit issued by the building inspector. A building permit shall be issued only if the proposed development is in conformity with the provisions of this ordinance.

Sec. 1303. - Grading permit required.

No grading or other alteration of the land shall commence without a grading permit issued by the building inspector. A site development plan shall be submitted prior to the issuance of any grading permit. This site development plan shall contain at a minimum the following components: a grading plan, erosion and sedimentation control plan, tree preservation plan, future building locations, parking layout and storm drainage design. A grading permit shall be issued only if the proposed development is in conformity with the provisions of this ordinance and the tree protection ordinance.

(Ord. of 12-29-77, § 1; Ord. of 1-7-85 (85-3), § 1; Ord. No. 2003-12, 3-3-03; Ord. No. 2005-34, 8-1-05)

Sec. 1303.1. - Reserved.

Editor's note— Ord. No. 2005-34, adopted Aug. 1, 2005, repealed § 1303.1 in its entirety. Former § 1303.1 pertained to resubmittal of variance requests and derived from an ordinance adopted Jan. 7, 1985, § 1(85-2).

Sec. 1303.2. - Reserved.

Editor's note— Ord. No. 2005-34, adopted Aug. 1, 2005, repealed § 1303.2 in its entirety. Former § 1303.2 pertained to withdrawal of variance request and derived from an ordinance adopted Jan. 7, 1985, § 1(85-1).

Sec. 1304. - Application for building permit.

All applications for building permits shall be made to the building inspector. Residential stand-alone permits (plumbing, electrical, and mechanical; excluding structural work) do not require plans, unless requested by the chief building official. Any building permit shall be accompanied by complete plans in duplicate, drawn to scale, which shall have been prepared by an architect, engineer or land surveyor whose state registration is current and valid, and whose seal shall be affixed to the plan submitted. The chief building official is authorized to waive the submission of plans if it is found that the nature of the work applied for is not necessary to obtain compliance with the current building code.

Such plan(s) shall show the following:

(1304.1) The actual shape and dimensions of the lot to be built upon.

(1304.2) The sizes and locations on the lot of any existing buildings.

(1304.3) The shape, size, height, use and the location on the lot of the building or structure proposed to be built, erected or altered.

(1304.4) Such other information as may be necessary to provide for the enforcement of the provisions of this ordinance.

(Ord. No. 2019-04, 2-18-19)

Sec. 1305. - Duration of permit validity.

A building permit, excluding those permits issued for the construction of residential buildings, shall be valid for a period of two years from the date of its issuance. If the work described in the building permit has not begun within six months, or has not been completed within two years of the date of issuance thereof, said permit shall expire. A building permit issued for the construction of a residential building shall be valid for a period of six months from its date of issuance. If the work described in the building permit has not been inspected within six months of the date of issuance thereof, said permit shall expire.

(Ord. of 12-29-77, § 1; Ord. No. 2019-04, 2-18-19)

Sec. 1306. - Certificate of occupancy required.

A certificate of occupancy issued by the building inspector is required in advance of the use or occupancy of:

(a)

Any lot or a change or extension in the use thereof.

(b)

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

(c)

Nothing contained herein shall require a user to comply with minimum setback or side yard requirements for use of an existing structure.

A certificate of occupancy, either for the whole or a part of a building, shall be applied for coincident with the application for a building permit and shall be issued within ten days after the erection or structural alterations of such building, or part thereof, shall have been completed in conformity with the provisions of this ordinance. A certificate of occupancy shall not be issued unless the lot, building or structure, or use thereof complies with all the provisions of this ordinance. If the certificate of occupancy is denied, the building inspector shall state in writing the reasons for refusal and the applicant shall be notified of the refusal. A record of all certificates shall be kept on file in the office of the building inspector and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land involved.

(Mo. of 3-10-75; Ord. No. 2019-04, 2-18-19)

Sec. 1307. - Penalties for violation.

Any person, firm or corporation violating any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be fined a minimum of $200.00 and not more than $500.00 for each offense. Each day such violation continues shall constitute a separate offense.

(Ord. of 12-29-77, § 1; Ord. of 10-1-84 (84-12), § 1)

Sec. 1308. - Remedies.

In any case in which any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained or used, or any land is or is proposed to be used in violation of the provisions of this ordinance or amendments thereto, the building inspector or other appropriate city authority or any adjacent or other property owner who would be damaged by such violation may, in addition to other remedies and after due notice to the owner of said violation, institute injunction, abatement or any other appropriate action or actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use.

(Ord. of 12-29-77, § 1)