The provisions of this chapter shall be administered and enforced by the city manager or his designee.

(Ord. No. 01252, § 106-91, 12-12-2005)

It shall be unlawful to commence the excavation or filling of any lot for any construction of any building, or to commence construction of any building, or to commence the moving or alteration of any building or to commence the development of land for a use not requiring a building, until the city manager or his designee has issued a building permit for such work.

(Ord. No. 01252, § 106-92, 12-12-2005)

(a)

All construction projects in excess of $100.00 shall be subject to the requirement of acquiring of a building permit prior to work beginning. Projects with a value less than $5,000.00 shall be issued permits with no fee. Permits for projects between $100.00 and $5,000.00 shall be issued if the following conditions are met. This fee structure does not affect electrical, mechanical or plumbing permits; if the building project/repair exceeds $5,000.00, the standard fee shall apply; currently $50.00 for the building permit. Said fee shall be amended by the mayor and council by resolution from time to time:

(1)

All projects which include the construction or repair of load bearing elements, such as a deck, porch, roof replacement, detached or attached garage, storage shed, wall, etc.

(2)

All projects which have a potential bearing upon a property line of a neighbor or right-of-way line, such as an accessory building (utility or decorative), a deck/porch, new or replacement sidewalk or driveway and a fence; essentially any project which requires a setback inspection.

(b)

New home/residential projects in excess of $5,000.00 shall be assessed a fee equal to $0.25 per square foot of heated space. Commercial projects shall be assessed a fee in accordance with the fee schedule contained in the commercial building fees schedule (based upon the total cost of the commercial project). Any mechanical, electrical or plumbing work which exceeds $2,500.00, and on any new home construction work, or which requires an inspection shall be assessed a fee of $50.00. These fees are in effect as of the date of adoption of the ordinance from which this chapter is derived and may be changed from time to time by the mayor and council by resolution.

(c)

Additions to homes; heated space. The minimum fee charged for this type of permit shall be $50.00. In the case where the heated square footage, when multiplied by $0.25, exceeds the fee of $50.00, the higher fee shall be charged. These fees are in effect as of the date of adoption of the ordinance from which this chapter is derived and may be changed from time to time by the mayor and council by resolution.

(d)

Moved-in homes and structures (to include manufactured homes), shall have the fee charged for this action based on the square footage of the structure being moved. The square footage shall be multiplied by $0.25 to determine the fee, as done in subsection (b) of this section.

(e)

Pool permits. This type of construction requires inspections to verify proper plans design, setback and grounding. The fee for any permanent pool (a structure which shall not be dismantled each winter) shall be $75.00 and include all inspections related to the construction of a pool, either above or below/in-ground. This fee is in effect as of the date of adoption of the ordinance from which this chapter is derived and may be changed from time to time by the mayor and council by resolution.

(f)

Renovation/remodeling permits. Any work in which the construction project is addressing an existing structure, and the construction work value exceeds $5,000.00, a permit must be purchased. The permit fee shall be $50.00. In the case of major renovations, an initial evaluation shall be conducted by the city inspector and all necessary work and additional permits (mechanical, plumbing, electrical) shall be identified. If needed, the additional permits shall be purchased at the standard price for such a permit. This fee is in effect as of the date of adoption of the ordinance from which this chapter is derived and may be changed from time to time by the mayor and council by resolution.

(g)

Grading permits shall be required when the ground is disturbed in preparation of, or during a construction project. The fee for this permit shall be $25.00 per parcel being developed under one acre (44,000 square feet). Grading projects which exceed one acre shall be charged an additional fee of $25.00 per additional acre. Farming and gardens are exempt. This fee is in effect as of the date of adoption of the ordinance from which this chapter is derived and may be changed from time to time by the mayor and council by resolution.

(h)

(1)

Demolition permits. The fee for a demolition permit shall be $50.00 and shall require the city inspector to conduct a preliminary evaluation of the structure to identify potential asbestos contamination. If the city inspector can detect no asbestos, then the demolition shall be permitted to proceed. This fee is in effect as of the date of adoption of the ordinance from which this chapter is derived and may be changed from time to time by the mayor and council by resolution.

(2)

Fire-damaged homes. Owners of homes which have been damaged to such an extent that they are no longer inhabitable shall be required to efficiently address the damaged house, either through demolition or repair. Either a demolition permit, or a repair building permit must be obtained no later than 90 days after the fire which damaged the building occurred.

(i)

Right-of-way (ROW) permits. Any activity within the city ROW which alters the use of, or appearance of, or installs a permanent improvement, such as the proposal to construct a masonry mailbox, a retaining wall, any and all new ditching or piping, driveway cuts where there is city curb and which shall require a cement driveway cut/ramp/entry, extending at a minimum to the edge of the city ROW, install a tree, etc., is hereby required to submit to the city an application for ROW improvement permit. All such projects which affect the ROW of the city must receive permission from the city prior to proceeding. Said application shall be submitted to the department of planning or the city manager or his designee upon a form supplied for that purpose by the city. Said application shall be reviewed by the department of public works, planning and any other needed city department and shall be approved or denied, and if denied, reasons for the denial being annotated; said approval/denial shall be completed no later than 14 days after a complete application has been submitted. The application shall not be complete until adequate drawings depicting the planned improvement and payment of the $25.00 permit application fee has been received. The right-of-way permit shall require any and all utility companies, and/or their sub-contractors, wishing to install or make changes to any and all equipment and/or facilities in the right-of-way owned by the city, such as, but not limited to, Comcast Cable, AT&T, BellSouth, Georgia Power, including tree removal or trimming activity, to obtain a ROW permit prior to work beginning. Driveway cuts where there is no existing city curb and no required piping shall be exempt. This exemption shall be determined by the city. This fee is in effect as of the date of adoption of the ordinance from which this chapter is derived and may be changed from time to time by the mayor and council by resolution.

(j)

Re-inspection fees. In the event that the city is requested to conduct a progress inspection of a project and that project is for whatever reason unready to be inspected or fails said inspection, a $25.00 re-inspection fee shall be charged. This fee is in effect as of the date of adoption of the ordinance from which this chapter is derived and may be changed from time to time by the mayor and council by resolution.

(k)

Site plan/building plan/plat plan review. The review of preliminary and final site/plat plan review shall require the payment of $50.00 per requested plan review (preliminary and final). Additionally, there shall be an $8.00 recording fee charged for final plat recording. Commercial building plan review shall require a payment, included at the time the building permit is purchased or plans submitted, of $50.00. House plan review shall require a payment of $25.00 per building permit issued, at the time the building permit is purchased. These fees are in effect as of the date of adoption of the ordinance from which this chapter is derived and may be changed from time to time by the mayor and council by resolution. Plat review where no new road is planned and one parcel is divided only into two or three parcels (minimum of five acres per parcel) shall be completed for no fee, except the recording fee. Project site review which consists of an extension of public sewer or water, or which consists of a private sewer and water system extension that requires an engineering review by the city engineer; shall be subject to city engineering review fees. These fees shall be in addition to the standard site plan review. The applicant/developer shall be responsible for paying these fees. An estimate shall be provided to the developer/applicant at the time the plans are submitted. Review of these plans shall not occur until this fee has been paid. If the end cost of the review exceeds the paid estimate fee, applicant/developer shall be responsible for paying the additional fee to the city. Failure to do so will prevent a building permit being issued to the applicant/developer for this, and any other project the applicant/developer has within the city limits; additionally, a stop work order may be issued for in-progress construction projects of a developer who fails to pay all city engineering fees.

(l)

Building permit requests from nonprofit organizations (including churches, public schools and any organization recognized as a 501c3 organization by the IRS), shall have all required permits issued to, and the inspections required and performed, at no charge (free), provided that the contractor completing the work is doing so pro bono (for no charge/free). This fee-free status is in effect as of the date of adoption of the ordinance from which this chapter is derived and may be changed from time to time by the mayor and council by resolution.

(m)

Building permit applications in MFR districts. Each dwelling unit proposed in an MFR district, or any project which proposes multiple dwelling units under a single roof, shall be treated as a distinct construction project, with each dwelling unit having a separate building permit, plumbing, electrical and mechanical permit (each with a separate fee) being issued. Additionally, each dwelling unit shall be subject to the requirement that a new sewer and water tap be purchased.

(Ord. No. 01252, § 106-93, 12-12-2005)

All applications to the city manager or his designee for building permits shall be accompanied by plans in duplicate, drawn to scale, showing:

(1)

The actual dimensions of the lot to be built upon;

(2)

The size of the building to be erected;

(3)

The location of the building on the lot;

(4)

The location of existing structures on the lot, if any;

(5)

The number of dwelling units the building is designed to accommodate;

(6)

The setback lines of buildings on adjoining lots;

(7)

The layout of off-street parking and loading spaces;

(8)

Such other information as may be essential for determining whether the provisions of this chapter are being observed.

(Ord. No. 01252, § 106-94, 12-12-2005)

Upon the adoption of the ordinance from which this chapter is derived, all purchased permits shall be required to be posted conspicuously in a manner which allows the permits to be viewed from the public street. Said permits may be posted in the window of an existing house, a post on the porch or on a sign board (temporary single use, or multi-repeat use) designed/erected for this purpose. Or, a sign board constructed by the city may be rented for a $25.00 deposit, which shall be returned to the renter when the sign is returned to the city (provided the sign is returned in the same quality as it was issued out). If the sign is not returned within a week of when the project is complete or a certificate of occupancy has been issued, the $25.00 fee shall be forfeited and utilized by the city to construct additional permit display boards. The permit must be displayed for the entire construction period. The permit cannot be posted on the side of a tree or other living bush/vegetative stalk. If the permit is damaged beyond recognition, lost or stolen, a new permit display sheet must be purchased for $5.00. Failure to post and maintain posting will result in a stop work order being issued, until the time that the permit is properly posted. This fee is in effect as of the date of adoption of the ordinance from which this chapter is derived and may be changed from time to time by the mayor and council by resolution.

(Ord. No. 01252, § 106-95, 12-12-2005)

(a)

Any building permit issued shall become invalid unless the work authorized by it shall have been commenced within six months of the date of issue or if the work authorized by the permit is suspended or abandoned for a period of six years.

(b)

Any permit issued after the adoption of the ordinance from which this chapter is derived shall be valid for a maximum of 12 months, from the date of issue. Upon the expiration of this permit, if work has not passed a final inspection and received a certificate of occupancy, a stop work order shall be issued and a new permit, at the current fee schedule then in effect, shall be required to be purchased. Any permit issued prior to the ordinance from which this chapter is derived being adopted shall be valid for no more than 18 months from the date of issue. Any of the previously issued permits which are currently past the 18-month maximum validity period or shall expire in the upcoming months, shall be notified of this expiration in the following manner:

(1)

The permit holder shall be given a notice of expiration. Said notice shall inform permit holder of the controlling regulation and the fact that their permit has expired. This notice shall give the permit holder an additional 30 days, from the date of the notice being issued, to complete the work authorized in said original and now expired, permit. If at the expiration of this 30-day period the work has not been completed and the project given and passed a final inspection, the holder shall be informed that the previous permit has expired, all work must cease, and a new permit purchased at the rates in effect at the current time, and as though no other permits have been purchased (i.e., if it is a new home project, the building permit, plumbing, electrical, mechanical and grading permit must all be purchased again). The city inspector shall inspect the construction project and provide a list of items to be completed by the holder of the expired permit. The second, or reissue permit, shall be valid for a period no longer than six months. If it too expires, than a third permit, valid no longer than 30 days, shall be issued. All permits shall be purchased at the then current fee schedule. If the third permit expires, the city shall seek a court injunction and take action under the Standard Unsafe Building Abatement Code.

(2)

If the original permit was issued without cost, the second and third permits acquired due to a lack of completing the project in a workmanlike manner shall be reissued only after a reissue fee of $50.00 is assessed for the subsequent permits.

(c)

Stop work orders. The planning coordinator, city building inspector, chief of police, city manager or his designee, is duly authorized to issue stop work orders for cause, such as failure to obtain a building permit, unsafe work conditions or violations of Soil and Erosion Control Law, etc. Said stop work order shall be issued to the property owner and general contractor and require that the job site be conspicuously posted by the planning coordinator, or a city official so designated by the city manager. Any and all employees who defy this posted stop work order shall be arrested and cited and be subject to punishment in accordance with section 1-7. Destruction and/or removal of the posted stop work order shall result in the property owner and/or the general contractor's agent responsible for the work, being cited in accordance with section 1-7.

(d)

Failure to obtain a building permit prior to work begun. If a project is begun without having received a building permit prior to the work beginning, an additional fee, the higher of either double the regular fee to be charged or $50.00, shall be assessed; regardless of whether the work needing the permit would otherwise be assessed a fee or not. This fee shall not be assessed until the city effectively advertises the requirement to obtain a building permit, either through notices in the water bills or articles in the Tallapoosa Journal. A minimum of six individual publication efforts, at least one month apart from each other, must be accomplished prior to this failure to obtain a building permit in a timely manner fee being assessed. This fee is in effect as of the date of adoption of the ordinance from which this chapter is derived and completion of the advertising requirements, and may be changed from time to time by the mayor and council by resolution.

(Ord. No. 01252, § 106-96, 12-12-2005)

To prevent the intentional staging of property improvements in such a manner that the improvements to a single property are separated/staggered so that the cost of the project is less than the threshold whereby a permit fee is required, the following regulation shall apply:

(1)

Upon the issuance of a permit, which due to the declared value of the property improvement (if said value declaration is conspicuously low and inaccurate, the building inspector is authorized to assign a project value based upon the standard cost estimation process), is issued without a fee being charged, any project which is begun within 12 months of the date of this permit being issued and which has not been identified upon this permit, shall be added to the original permit which was issued without any fee. If the accumulative combination of these projects exceeds the fee threshold, a fee shall than be assessed. A certificate of occupancy or passage of a final inspection prior to this 12-month period passing shall not affect this regulation.

(2)

It is recommended that, upon the fee threshold being reached and a fee charged, all potential projects planned during the next 12 months be included upon this permit to avoid multiple permits being issued to a single property improvement project within a period of 12 months after the initial permit has been obtained.

(Ord. No. 01252, § 106-97, 12-12-2005)

(a)

A certificate of occupancy, issued by the city manager or his designee is required in advance of occupancy or use of:

(1)

A building hereafter erected, altered or moved.

(2)

A change of use of any building or land.

(3)

Each nonconforming use created by the passage of and subsequent amendments to the ordinance from which this chapter is derived. Such nonconforming use shall obtain a certificate of occupancy within 30 days of the date of said passage or amendments.

(b)

Upon payment of any required fees, the city manager or his designee shall sign and issue a certificate of occupancy if the proposed use of land or building, as stated on the certificate of occupancy and signed by the owner or his appointed agent, is found to conform to the applicable provisions of this chapter, and if the building, as finally constructed, complies with the plans submitted for the building permit.

(Ord. No. 01252, § 106-98, 12-12-2005)

A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this chapter, or unless the building, as finally constructed, complies with the sketch or plan upon which the building permit was issued. The city manager or his designee shall state in writing the reasons for denying such certificate of occupancy.

(Ord. No. 01252, § 106-99, 12-12-2005)

Any person violating any provision of this chapter shall be guilty of an offense and, upon conviction, shall be punished for each offense as provided by section 1-7. Each day such violation continues shall be deemed a separate offense.

(Ord. No. 01252, § 106-100, 12-12-2005)

In case any building is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building or land is used in violation of this chapter, the city manager or his designee or any person who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus, or other appropriate action in proceeding to prevent the violation in the case of each building or use of land.

(Ord. No. 01252, § 106-101, 12-12-2005)

In the event any non-compliance with this zoning chapter is determined to exist as to any particular tract or parcel of property in the city, then after ten days' notice to the owner of that tract, or the person otherwise in control thereof, all city service and utilities to that tract or parcel of land shall be discontinued and terminated, pending compliance with this chapter.

(Ord. of 1-4-1990; Ord. No. 01252, § 106-102, 12-12-2005)

As of the date of the adoption of the ordinance from which this chapter is derived, any new (previously not existing in Tallapoosa or which did not obtain an occupational tax permit the previous year) business which applies for an occupational tax permit must obtain a certificate of zoning compliance. No business which does not comply with section 106-150 shall be issued a occupational tax permit. Said business must be specifically permitted in the district which it is applying to be located in. If the subject business has not been previously identified, the locally and commonly/generally unknown business shall be assigned a temporary commercial zoning district in accordance with section 106-150. Failure to obtain a certificate of zoning compliance shall void the issued occupational tax permit. Fees which were paid for the occupational tax permit may be refunded.

(Ord. No. 01252, § 106-103, 12-12-2005)

For the purpose of substantially reducing and/or eliminating hardship in the form of time frame delays and unacceptable fees, the following authorized administrative variance is hereby established:

(1)

Conditions. The planning coordinator, if so designated by the city manager, the city manager, or his designee, is hereby authorized to issue an administrative variance under the following severely restricted situations:

a.

The property must be utilized as residential property. The property must constitute a nonconforming use. The property must have been damaged by either fire or act of god to such an extent that under section 106-95, continuance of a nonconforming use, it would not be allowed to be rebuilt.

b.

The administrative variance shall be granted by the authorized city official to only accomplish the following: To rebuild a residential structure in the exact location, with/upon the exact foundation or where a newly reconstructed foundation located in the exact position as the old, existing, but damaged beyond safe and economical use foundation, was located at. Said structure shall not be allowed to be expanded or reclassified as another nonconforming use, unless in accordance with section 106-95.

(2)

Issuance of authorized administrative variance. Upon the determination by the designated city official that the requested administrative variance is appropriate, a signed certificate of approved authorized administrative variance shall be issued by the authorized city official. If said administrative variance is denied, the reason for doing so shall be stated. The requesting individual may appeal this denial to the board of zoning appeals.

(Ord. No. 01252, § 106-104, 12-12-2005)