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Warr Acres City Zoning Code

CHAPTER 19

52 BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY

19.52.010: ADMINISTRATION AND ENFORCEMENT:

A.   It is a violation for any person to change or permit the change in the use of land, buildings or structures, or to construct, alter, move or improve any building or structure until a building permit or certificate of occupancy has been obtained.
B.   These regulations shall be enforced by the city.
C.   While this chapter does not require submittal of any documentation prior to formal application for a building permit or certificate of occupancy, property owners are encouraged to consult with the city prior to making formal application to become familiar with the policies and requirements set forth in this chapter. (Ord. 968 §1, 2002: Ord. 832 §1, 1997)

19.52.020: PLANNING COMMISSION REVIEW:

Planning commission review and recommendation is required if any building or structure under the conditions set forth below is listed in "uses subject to review" in each zoning district:
A.   Whenever any structure or building is to be constructed, moved, or requires structural alterations;
B.   Whenever a structure or building is to be demolished and new construction is to take place on the existing site. (Ord. 1007 §12, 2005: Ord. 968 §1, 2002: Ord. 832 §1, 1997)

19.52.030: BUILDING PERMIT APPLICATION:

The city shall examine all applications for building permits and amendments thereto within ten (10) working days following receipt at city hall. If the application meets the requirements of the city and does not have to be reviewed by the planning commission, as provided for in this chapter, a building permit shall be issued. If the application does not meet the requirements of the city, it shall be rejected, in writing, stating the reasons for the rejection. (Ord. 968 §1, 2002: Ord. 832 §1, 1997)

19.52.040: BUILDING PERMIT PROCEDURES:

Application for a residential or commercial building permit shall be made at city hall on forms provided by the city. A review of the application by the city's administrative staff shall begin upon submittal of the completed application and the required application fee. If the application requires planning commission review and recommendation, the city's administrative staff shall first determine compliance or noncompliance with the city's requirements. To be considered complete, the following supporting information must accompany the application:
A.   For single-family and two-family dwellings:
   1.   A plat of survey;
   2.   Two (2) complete sets of construction plans;
   3.   A site development plan. Every dwelling shall have direct access to either a dedicated public street or a private road that has been constructed to the minimum standards established by the city;
   4.   A grading plan.
B.   For multi-family (3 or more), commercial, industrial, public buildings, and all public and private institutional development:
   1.   A plat of survey;
   2.   Three (3) complete sets of construction plans, including structural, civil, mechanical, electrical, and fire protection plans, prepared in conformance with applicable city codes and ordinances;
   3.   Three (3) copies of a site development plan, showing the following information on one or more sheets:
      a.   The exact size, shape, and dimensions of the lot proposed to be built on with a notation of the total square feet of lot area;
      b.   The exact size and location on the lot of all existing buildings and structures, and the exact size and location on the lot of any building or structure proposed to be repaired, altered, or moved;
      c.   A declaration of the existing and intended use of each existing or proposed building or structure on the lot, and, if applicable, the number of families or dwelling units which each existing and proposed building or structure is designed to accommodate;
      d.   Adjacent street and alley rights of way, showing curb cuts or proposed points of ingress and egress, and dimensions of driveways. Every dwelling unit shall have direct access to either a dedicated public street or a private road that has been constructed to the minimum standards established by the city;
      e.   A landscaping plan showing conformance with the landscaping requirements of this title;
      f.   Vehicle parking and loading areas, including the delineation of all parking spaces and a total number indicated, dimensions of all aisle widths, specifications for depth, and type of paving;
      g.   Location of walkways and steps, including all information necessary to show conformance with access requirements for disabled persons;
      h.   A drainage plan showing the size and location of existing and proposed storm water structures, floodplain area, if applicable, topographic contours at two foot (2') intervals, and proposed grading plans to direct storm water to the street, to a drainage structure in a recorded easement, or to natural drainage means at the rear or side of the lot. The city may require that storm water detention be provided;
      i.   Location, dimensions, and type of all easements situated on or adjoining the property;
      j.   Front, side, and rear yard setbacks, illustrated in feet;
      k.   Location of exterior lighting, screening, open space, solid waste collection methods, and accommodation;
      l.   Location and size of existing or proposed utility services;
      m.   Persons performing parking lot and driveway resurfacing and restriping shall not be required to submit the full list included above, but shall be required to submit satisfactory information to verify the proper handling of drainage, that the number of parking spaces will not be reduced below the minimum requirements, that the resurfacing materials conform to the minimum standards established by the city, and that the landscaping requirements of this title have been met or will be met prior to completion of the improvements;
   4.   A landscape plan;
   5.   A grading plan. (Ord. 968 §1, 2002: Ord. 832 §1, 1997)

19.52.045: SEASONAL BUILDING PERMITS; PROCEDURES:

Application for a seasonal building permit shall be made at city hall on forms provided by the city. Administration review of the application shall begin upon submittal of the complete application and the required application fee. Seasonal building permits shall be issued by the city following review by the planning commission. To be considered complete, the following information must accompany the application:
A.   A plot plan, drawn to scale, showing the location of the structure on the lot;
B.   Written documentation of ownership, lease or permission to locate on proposed site;
C.   The exact size, shape, and dimensions of all existing buildings and structures, and the exact size and location on the lot of any proposed buildings or structures;
D.   The exact size, shape, and dimensions of the lot proposed to be built or located on with a notation of the total square feet of lot area;
E.   A declaration of the existing and intended use of each existing or proposed building or structure on the lot, plus proposed duration of use for seasonal buildings or structures;
F.   Location and size of existing or proposed utilities services, if applicable; and
G.   Location, size and number of proposed signs or banners, which must comply with requirements of title 15, "Signs", of this code.
Additionally, all proposed buildings or structures must comply with applicable municipal and state fire, safety and health codes including, but not limited to, requirements for business licenses and state and municipal taxes. (Ord. 968 §1, 2002: Ord. 887 §1, 1999)

19.52.050: BUILDING PERMIT EXPIRATIONS AND LIMITATIONS:

All building permits shall be issued subject to expiration and modification under the following conditions:
A.   Any building permit issued pursuant to this chapter shall expire and become invalid if the authorized work is not commenced within six (6) months from the date of issuance. The building permit may be extended for one 6-month period by the city, prior to expiration, provided the applicant submits an application for extension along with the required application fee. This six (6) month extension does not have to be reviewed by the planning commission, provided the request is extended prior to expiration of the permit. If the request is submitted after the expiration date, or the request is for a subsequent six (6) month extension, the extension is subject to review by the planning commission. Applications for extension shall be the same in all material aspects as the original application previously reviewed by the planning commission.
B.   Any building permit issued pursuant to this chapter shall expire and become invalid if such authorized work is suspended or abandoned for a period in excess of six (6) months. The applicant must resubmit a complete application along with the required application fee.
C.   Any building permit issued pursuant to this chapter shall expire and become invalid if the authorized work (4,000 square feet or less) is not completed within twelve (12) months. The applicant must resubmit a complete application along with the required application fee. (Ord. 995 §1, 2003: Ord. 832 §1, 1997)

19.52.060: CHANGE OF ORDERS:

Nonsubstantial changes to proposals or documents relating to building permits already issued, may be authorized by the city, provided that all requirements of the city building codes are met. (Ord. 832 §1, 1997)

19.52.070: CERTIFICATE OF OCCUPANCY REQUIREMENTS:

A.   Except as provided for in subsection B of this section, no change shall be made in the use of any existing commercial land, building, or structure until a certificate of occupancy is obtained by the landlord, lessor, or property owner, from the city certifying that all the requirements of this title have been met.
B.   Changing occupancy to a tenant or owner whose use conforms to the same district requirements, shall not be considered a change in use requiring a certificate of occupancy, provided that any property that has remained vacant for a period of six (6) months or longer shall require a certificate of occupancy to ensure continued conformance with all city requirements.
C.   Whenever a building permit is issued for new construction, remodeling, or add on work in connection with existing buildings or structures, and the city building codes and requirements permit continued occupancy of the existing buildings or structures, no occupancy of the new project area shall take place until the city has issued a certificate of occupancy.
D.   Whenever a building permit is issued for the construction of a new building or structure, an occupancy permit shall not be required, except where the use of the building or structure is changed from that for which the permit was issued or where the intended use is not clearly stated on the building permit.
E.   The city may issue a certificate of occupancy on a temporary basis when it determines that:
   1.   The construction project has been substantially completed except for noncode finishing details which can be completed within thirty (30) days;
   2.   Occupancy does not constitute a danger to the health, safety, and general welfare of the city. (Ord. 846 §1, 1998: Ord. 832 §1, 1997)

19.52.080: REPORTS:

A designated city official shall inform the city council, at its regularly scheduled monthly meeting, of any action taken by the city with regard to the issuance of building permits during the previous calendar month. (Ord. 832 §1, 1997)