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Wilmer City Zoning Code

§ 22

BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY.

A. 
BUILDING PERMITS REQUIRED.
No building or other structure shall be erected, moved, added to, enclosed, or structurally altered without a permit therefor where applicable, and issued by the administrative official. No building permit shall be issued by the administrative official except in conformity with the provisions of this ordinance unless he receives a written order from the zoning board of adjustment in the form of an administrative review, special exception, or variance as provided by this ordinance.
B. 
APPLICATION FOR BUILDING PERMIT.
All applications for building permits shall be accompanied by plans in triplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of buildings already existing, if any, and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the administrative official, including existing or proposed building or alteration, existing or proposed uses of the building and land, the number of families, housekeeping units, or rental units the building is designed to accommodate, conditions existing on the lot, and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this ordinance.
One (1) copy of the plans shall be returned to the applicant by the administrative official, after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The original and one (1) copy of the plans, similarly marked, shall be retained by the administrative official.
C. 
EXPIRATION OF BUILDING PERMIT.
If the work described in any building permit has not begun within six (6) calendar months from the date of issuance thereof, said permit shall expire; it shall be canceled by the administrative official; and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.
D. 
CERTIFICATE OF OCCUPANCY REQUIRED FOR NEW OR ALTERED BUILDINGS OR CHANGES IN USE OF NONCONFORMING USES.
It shall be unlawful to use or occupy or permit the uses or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the administrative official stating that the proposed use of the principal building or land conforms to the requirements of this ordinance.
(1) 
No nonconforming building or use shall be maintained, renewed, changed, or extended until a certificate of occupancy shall have been issued by the administrative official. The certificate of occupancy shall state specifically wherein the nonconforming use differs from the provisions of this ordinance, provided that upon enactment or amendment of this ordinance, owners or occupants of nonconforming uses or buildings shall have three (3) months to apply for certificates of occupancy. Failure to make such application within three (3) months shall be presumptive evidence that the property was in a nonconforming use at the time of enactment of this ordinance.
(2) 
No permit for erection, alteration, moving, or structural repair of any building shall be issued until an application has been made for a certificate of occupancy, and the certificate shall be issued in conformity with the provisions of this ordinance upon completion of the work.
(3) 
A temporary certificate of occupancy may be issued by the administrative official for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion, provided that said temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.
(4) 
The administrative official shall maintain a public record of all certificates of occupancy.
(5) 
Failure to obtain a certificate of occupancy shall be a violation of this ordinance and punishable under Section 3 of this ordinance.
E. 
CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS, PERMITS, AND CERTIFICATES OF OCCUPANCY.
Building permits or certificates of occupancy issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement, or construction set forth in such approved plans and applications and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this ordinance, punishable as provided by Section 3.B hereof.
(Ordinance 12.6.88 adopted 12/6/88; Ordinance 17-0504B adopted 5/4/17)