The provisions of this ordinance shall be administered and enforced by the building official or by such deputies of his department as the building official may delegate to enforce the provisions of this ordinance.

The building official shall have the power to grant zoning compliance and occupancy permits, to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this ordinance. It shall be unlawful for the building official to approve any plans or issue any permits or certificates of occupancy for any excavation or construction until he has inspected such plans in detail and found them to conform with this ordinance.

The building official shall record all nonconforming uses existing at the effective date of this ordinance for the purpose of carrying out the provisions of section 1403.

Under no circumstances is the building official permitted to make changes to this ordinance nor to vary the terms of this ordinance in carrying out his duties as building official.

The building official shall not refuse to issue a permit when conditions imposed by this ordinance are complied with by the applicant despite violations of contracts, such as covenants or private agreements which may occur upon the granting of said permit.

The building official shall require that all applications for building permits shall be accompanied by plans and specifications including a plot plan, in triplicate, drawn to scale, showing the following:

1.

The actual shape, location, and dimensions of the lot.

2.

The shape, size, and location of all buildings or other structures to be erected, altered, or moved and of any building or other structures already on the lot.

3.

The existing and intended use of the lot and of all such structures upon it, including, in residential areas, the number of dwelling units the building is intended to accommodate.

4.

Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this ordinance are being observed.

The following shall apply in the issuance of any permit:

1.

Permits not to be issued. No building permit shall be issued for the erection, alteration or use of any building or structure, or part thereof, or for the use of any land, which is not in accordance with all provisions of this ordinance.

2.

Permits for new use of land. No land heretofore vacant shall hereafter be used or an existing use of land be hereafter changed to a use of a different class or type unless a certificate of occupancy is first obtained for the new or different use.

3.

Permits for new use of buildings. No building or structure, or part thereof, shall be changed to or occupied by a use of a different class or type unless a certificate of occupancy is first obtained for the new or different use.

4.

Permits required. No building or structure, or part thereof, shall be hereafter erected, altered, moved, or repaired unless a building permit shall have been first issued for such work. The terms "altered" and "repaired" shall include any changes in structural parts, stairways, type of construction, type, class or kind of occupancy, light or ventilation, means of egress and ingress, or other changes affecting or regulated by the City of Utica Building Code, housing law, or this ordinance, except for minor repairs or changes not involving any of the aforesaid features.

No land, building, or part thereof shall be occupied by or for any use unless and until a certificate of occupancy shall have been issued for such use. The following shall apply in the issuance of any certificate:

1.

Certificate not to be issue. No certificates of occupancy shall be issued for any buildings, structure or part thereof, or for the use of any land, which is not in accordance with all the provisions of this ordinance.

2.

Certificates required. No building or structure, or parts thereof, which is hereafter erected, or altered, shall be occupied or used or the same caused to be done, unless and until a certificate of occupancy shall have been issued for such building or structure.

3.

Certificates including zoning. Certificates of occupancy as required by the city building code for new buildings or structures, or parts thereof, or for alterations to or changes of use of existing buildings or structures, shall also constitute certificates of occupancy as required by this ordinance.

4.

Certificates for existing buildings. Certificates of occupancy shall be issued for existing buildings, structures, or parts thereof, or existing uses of land if, after inspection, it is found that such buildings, structures, or parts thereof, or such use of land, are in conformity with the provisions of this ordinance.

5.

Record of certificates. A record of all certificates issued shall be kept on file in the office of the building official, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property involved.

6.

Certificates for dwelling accessory buildings. Buildings or structures accessory to dwellings shall not require separate certificates of occupancy but may be included in the certificate of occupancy for the dwelling when shown on the plot plan and when completed at the same time as such dwellings.

7.

Application for certificates. Application for certificates of occupancy shall be made in writing to the building official on forms furnished by that department, and such certificates shall be issued within ten days after receipt of such application if it is found that the building or structure, or part thereof, or the use of land is in accordance with the provisions of this ordinance. If such certificate is refused for cause, the applicant therefore shall be notified of such refusal and cause thereof, within the aforesaid ten-day period.

The holder of every building permit for the construction, erection, alteration, repair, or moving of any building, structure or part thereof shall notify the building official immediately upon the completion of the work authorized by such permit, for a final inspection.

Fees for inspection and the issuance of permits or certificates or copies thereof required or issued under the provisions of this ordinance may be collected by the building inspector in advance of issuance. The amount of such fees shall be established by resolution of the city council and shall cover the cost of inspection and supervision resulting from enforcement of this ordinance.

Temporary tents and uses of a temporary natures, such as, but not limited to, seasonal sales, tent sales, holiday sales, on-site events of a house of worship, school or non-profit group, temporary signs, and the like may be permitted by the city clerk, city planner and building official, or their designee, subject to the following standards:

1.

An application form, available from the city clerk's office, shall be submitted along with the fee established from time-to-time by city council.

2.

A site sketch shall be submitted, drawn to scale that illustrates the location of the proposed temporary use on the applicant's property.

3.

If the property in question is not owned by the applicant, a letter signed by the owner shall be submitted giving the applicant authorization to use the property for the specific period of time requested in the temporary tent or use permit application.

4.

If the temporary tent or use is not an accessory use to the parcel's identified use, the application shall require review and approval by the zoning board of appeals before a temporary use permit is issued.

5.

The application shall clearly describe the nature of the temporary tent or use and the proposed time period to be covered by the permit. If the temporary tent or use will be in place for a period of time exceeding five days, the application shall require review and approval by the zoning board of appeals before a temporary use permit is issued.

6.

The applicant may be granted up to four temporary use permits in one calendar year. If the applicant wishes to exceed this number of permits, the application shall require review and approval by the zoning board of appeals before a temporary use permit is issued.

7.

An applicant shall not apply for more than one temporary tent or use permit in a given month or within a 30-day period of the previously approved permit without review and approval by the zoning board of appeals before a temporary use permit is issued.

8.

If the temporary tent or use exceeds 800 square feet in size, the application shall require review and approval by the zoning board of appeals before a temporary use permit is issued.

9.

The applicant shall agree that the temporary tent or use will be removed immediately upon expiration of the temporary permit.

10.

The application shall clearly demonstrate no potential adverse impact on adjoining properties or residence from the proposed temporary tent or use.

11.

Prior to the issuance of a temporary use permit, the application shall be reviewed by the police chief and fire chief or their designees.

12.

At the discretion of the city planner, city clerk and building inspector, an application for a temporary permit for a temporary tent or use may be referred to the zoning board of appeals for their review and approval, approval with conditions, or denial under the provisions of section 1905.04.

(Ord. of 4-10-2018)