CHAPTER 2
PERMITS AND CERTIFICATES
SECTION:
9-2-1: Building Permit Requirements; Fees
9-2-2: Review Of Building Permit Application; Conditions
9-2-3: Development In Flood Hazard Areas
9-2-4: Consideration; Permit Issuance Or Denial
9-2-5: Certificate Of Occupancy Issuance; Fee
9-2-6: Display Of Permit
9-2-7: Failure To Initiate Work
9-2-8: Record Of Permits And Fees
9-2-9: Monitor Utility Hookup Requests
9-2-10: Appeal Building Permit Decisions
9-2-11: Conflicting Provisions
9-2-12: Revocation Of Permit
9-2-1: BUILDING PERMIT REQUIREMENTS; FEES:
   A.   Various Permits Required:
      1.   Construction, Demolition, Relocation; Inspection Fee:
         a.   Building Permit: No building, structure, mobile or modular home or other major construction shall be initiated, constructed, substantially improved, relocated, placed, altered or demolished within the city unless a building permit has first been acquired from the city clerk-treasurer.
         b.   Inspection Fee: All permits requested and granted, for which the estimated construction cost is less than one thousand dollars ($1,000.00), shall be charged an inspection fee in an amount to be set by resolution of the City Council. Said permit shall be in addition to, and separate from, all other requirements for zoning clearance permits, occupancy certificates or certificates of appropriateness.
         c.   Fences: An applicant for a building permit related to the construction, replacement or major repair (more than fifty percent (50%)) of any type of fence in the city shall comply with the following requirements (noncompliance shall be grounds for revocation of the permit by the city clerk-treasurer):
            (1)   The fence shall be in full compliance with the city's adopted zoning ordinance, including specific references, if any, to setback limitations.
            (2)   Any fencing located in front of the main structure shall be no higher than three feet (3').
            (3)   Fencing shall not cause any obstruction to any public right of way or drainage easement, excluding utility easements (where fencing shall be placed on either the easement line or the property line, depending on the remaining fence placements in the adjacent lots).
            (4)   No fencing shall be allowed to obstruct the sight triangle at intersections or corners
            (5)   All new fence construction or major repair fence construction (more than fifty percent (50%)) in the city must include a gate into the alley or back of the property.
      2.   Manmade Changes To Real Estate In Flood Hazard Areas: No manmade change to improved or unimproved real estate located within a designated flood hazard area, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, shall be initiated until a separate building permit has been obtained for each such operation from the office of the city clerk-treasurer.
      3.   Mobile, Manufacturing, Modular Home Placement: No mobile, manufactured or modular home shall be placed on improved or unimproved real estate without first obtaining a separate building permit for each such home from the office of the city clerk-treasurer.
   B.   Application For Permit: All applications for building permits shall be signed and in writing, upon an official blank form supplied by the office of the city clerk-treasurer or the building inspector, and shall be submitted to either of said officials, along with the required fee.
   C.   Building Permit Fees: Building permit fees shall be as determined by the city council as set forth by resolution, and shall be based primarily upon the city costs incurred in the administration of the city building permit system. The fees shall be paid to the city clerk-treasurer at the time of application for the required permit for the work as shown.
   D.   Uniform Building Code Commission Fee For Permits Issued:
      1.   There is hereby established and imposed a fee to be established by resolution of the City Council and collected for all building and construction permits issued by the city. Collection of such fee will begin June 1, 2010.
      2.   Proceeds are to be paid into the Oklahoma uniform building code commission revolving fund. Payment shall be due on the twentieth day of each month for the fees collected during the preceding calendar month. There shall be a late fee imposed for failure to make timely payments. The late fee shall be one percent (1%) of the principal amount due per day beginning from the tenth day after payment is due and accumulating until the late fee reaches one hundred percent (100%) of the principal amount due.
      3.   A jurisdictional entity permit fee report will accompany payment. Report shall be sent even if no monies were collected the preceding month.
      4.   An additional amount set by resolution of the City Council shall be collected as an administrative fee will be collected on each permit reported.
   E.   Administration Of Building Permit Process: The office of the city clerk-treasurer shall be responsible for the administration of the building permit process within the city; provided, that building permit application forms may be obtained from, and submitted to, the building inspector.
(1991 Code § 4-15; amd. Ord. 10-05, 5-11-2010, eff. 6-1-2010; 2013 Code; Ord. 22-14, 7-18-2022; Ord. 23-04, 2-16-2023)
9-2-2: REVIEW OF BUILDING PERMIT APPLICATION; CONDITIONS:
   A.   Contents Of Application; Required Documents: Applications for building permits shall contain all applicable information required on the building permit form, and shall be accompanied by drawings of the proposed work (drawn to scale), showing floor plans, structural details, computations and such additional information as may be required of the applicant by the office of the city clerk-treasurer, the building inspector, this code or the city council. (1991 Code § 4-15)
   B.   Receipt Of Application And Fee; Ensure Compliance: Upon receipt of a complete building permit application and the required fee, the city clerk-treasurer shall immediately turn the application over to the building inspector, who shall review the application to ensure that:
      1.   The involved land is properly zoned for the proposed use;
      2.   Applicable zoning district provisions (including floodway and floodway fringe district provisions), and any applicable historic preservation provisions, have been met;
      3.   Legally dedicated roadway access is available, and proof of such dedication has been provided;
      4.   Adequate and sanitary provisions have been made for utilities, and fire protection is also adequate;
      5.   All easements and street right of way areas provided in the recorded plat, if any, are not encroached upon;
      6.   All other required city permits and/or licenses have been obtained. (1991 Code § 4-15; amd. 2013 Code)
   C.   Complete Review In Timely Manner: The building inspector and the office of the city clerk- treasurer shall complete all required review processes in an efficient and effective manner, without unreasonable or unnecessary delay. (1991 Code § 4-15)
9-2-3: DEVELOPMENT IN FLOOD HAZARD AREAS:
   A.   Review Application To Ensure Compliance: Building permit applications for development, location, demolition or alteration within delineated flood hazard areas (as shown on the community's official flood hazard boundary map (FHBM) and flood insurance rate map (FIRM), which are hereby adopted by reference as if set out fully herein), shall be reviewed by the building inspector to ensure that all of the following requirements are met:
      1.   All building sites shall be reasonably safe from flooding.
      2.   All new and replacement water supply systems within flood prone areas shall be designed to minimize or eliminate infiltration of floodwaters into the systems.
      3.   All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
      4.   On site waste disposal systems within flood prone areas shall be located to avoid impairment to them, or contamination from them, during flooding.
      5.   Floodways, as designated on the city's official zoning districts map and flood hazard boundary map (FHBM) are hazardous areas due to: a) the velocity of floodwaters which carry debris and potentially damaging projectiles; and b) the creation of severe erosion problems. The following provisions apply within designated floodway areas:
         a.   Encroachments are prohibited, including fill, new construction, substantial improvements and other developments, unless certification by a professional registered engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge.
         b.   If the provisions of subsection A5a of this section are satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this code.
   B.   Additional Responsibilities Of Building Inspector: The building inspector shall have the following additional responsibilities in the review of building permit applications for development, location, demolition or alteration within a delineated flood hazard area:
      1.   Building permit applications shall be reviewed to ensure that all necessary governmental agency permits required by state or federal law have been obtained.
      2.   In the case of building permit applications for alteration or relocation of a watercourse, the building inspector shall:
         a.   Notify adjacent communities and the state flood insurance coordinating office prior to such work (and submit copies of such notification to the federal flood insurance administrator); and
         b.   Obtain written assurances from the building permit applicant that the flood carrying capacity within the altered or relocated portion of the watercourse will be maintained.
      3.   For the purpose of determining future flood insurance risk premium rates, the building inspector shall maintain records of:
         a.   The elevation of the lowest habitable floor of all new or substantially improved structures; and
         b.   Floodproofing certificates (including the specific elevation to which the structures are floodproofed).
   C.   Permit Issuance; Nonliability Of City Officials: Issuance of a building permit for development within an identified flood hazard area shall not create liability on the part of any city official for any flood damages resulting from reliance upon the provisions of this chapter, or any administrative decision lawfully made thereunder. (1991 Code § 4-15)
9-2-4: CONSIDERATION; PERMIT ISSUANCE OR DENIAL:
   A.   Approval; Forward To Clerk-Treasurer: If the building inspector is satisfied that the proposed work described in the application and attached materials conform to the requirements of the zoning ordinance, building code and other regulations and requirements of the city, he shall authorize the issuance of the building permit by signing the application and forwarding it to the city clerk-treasurer, who shall return a copy to the applicant.
   B.   Denial: If the application or attached materials do not conform to pertinent city regulations, the building inspector shall not approve said application, but shall return the application to the city clerk-treasurer, along with written reasons for disapproval. The city clerk-treasurer shall return the application, with written reasons attached, to the applicant. The applicant may subsequently amend his application, if possible, and resubmit it, or initiate other action to correct the deficiencies.
   C.   Issuance Of Building Permit: A building permit, once approved and issued, shall be construed as a license to proceed with the work and shall not be construed as authority to violate, cancel, alter or set aside any city regulations, nor shall such issuance prevent the building inspector from thereafter requiring a correction of errors in plans, construction or a violation of this code. (1991 Code § 4-15)
9-2-5: CERTIFICATE OF OCCUPANCY ISSUANCE; FEE:
   A.   Certificate Required; Inspection: No new building shall be occupied, and no change in the use of a building or part of a building or tract of land shall be made until the building inspector shall have issued a certificate of occupancy therefor. Issuance shall be conditioned upon passing an inspection for compliance with applicable provisions of this code.
   B.   Fee: The fee for such certificate, to be paid upon application, shall be set by resolution of the City Council.
(1991 Code § 4-16; amd. Ord. 23-04, 2-16-2023)
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