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Newport, KY Code of Ordinances
CITY OF NEWPORT, KENTUCKY CODE OF ORDINANCES
PREFACE
ADOPTING ORDINANCE
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: MISCELLANEOUS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
CHAPTER 150: BUILDING REGULATIONS; CONSTRUCTION
CHAPTER 151: ELECTRICAL CODE
CHAPTER 152: FLOOD DAMAGE PREVENTION
CHAPTER 153: PLANNING
APPENDIX: ZONING
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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SECTION 16.2 BUILDING PERMITS:
Building permits shall be issued in accordance with the following provisions:
   A.   BUILDING PERMITS REQUIRED: No public or private building or other structure shall be erected, moved, added to, or structurally altered without a permit issued by the Building Inspector. No building permit shall be issued except in conformity with the provisions of this Ordinance, except after written orders from the Board of Adjustment.
   B.   APPLICATION FOR BUILDING PERMITS: All applications for building permits shall be accompanied by:
      1.   A completed application form provided by the Building Inspector;
      2.   An approved zoning permit.
      3.   The required fee for a building permit as provided for in SECTION 19.0 of this Ordinance.
      4.   A development plan, if required by this Ordinance; or
      5.   Plans in duplicate approved by the Zoning Administrator and including any additional information required by the Building Code and/or Building Inspector, as may be necessary to determine conformance with and provide for the enforcement of the building code and the State Statutes of the Commonwealth of Kentucky.
   C.   ISSUANCE OF BUILDING PERMIT:
      The Building Inspector shall either approve or disapprove the application. If disapproved one (1) copy of the submitted plans shall be returned to the applicant marked "Disapproved" and shall indicate the reasons for such disapproval thereon. Such disapproval shall be attested by the Building Inspector's signature. The second copy similarly marked, shall be retained by the Building Inspector. If approved one (1) copy of the submitted plans shall be returned to the applicant marked "Approved'. Such approval shall be attested by the Building Inspector's signature. The second copy, similarly marked, shall be retained by the Building Inspector. The Building Inspector shall also issue a building permit to the applicant at this time and shall retain a duplicate copy for his records.
   D.   COMPLIANCE: It shall be unlawful to issue a building permit or occupancy permit, to build, create, erect, change, alter, convert, or occupy any building or structure hereafter, unless a zoning permit has been issued in compliance with this Ordinance.
   E.   BUILDING PERMITS ISSUED PRIOR TO THE ADOPTION OF THIS ORDINANCE: Building permits issued in conformance with the Building Code of the City of Newport prior to the date of adoption of this Ordinance, whether consistent or inconsistent with this Ordinance, shall be valid for a period of 180 consecutive calendar day period, the permit shall be void and a new permit, consistent with all provisions of this Ordinance and the Building Code shall be required. For purposes of this section, construction shall be deemed to have been started at the time of completion of the foundation.
   F.   EXPIRATION OF BUILDING PERMIT: If the work described in any building permit has not begun within ninety (90) consecutive calendar days from the date of issuance thereof, said permit shall expire and be canceled by the Building Inspector and no construction shall be permitted until a new building permit has been obtained.
   G.   CONSTRUCTION AND USE: To be as provided in application, plans, permits, zoning permits and building permits issued on the basis of plans and applications approved by the Zoning Administrator and/or Building Inspector authorize only the use, arrangement, and 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 in violation of this Ordinance and punishable as provided by SECTION 16.9 of this Ordinance.
SECTION 16.3 CERTIFICATE OF OCCUPANCY:
It shall be unlawful for an owner to use or permit the use of any building or premises or part thereof, hereafter created, changed, converted or enlarged, wholly or partly, until a certificate of occupancy, which shall be a part of the building permit, shall have been issued by the Building Inspector. Such certificate shall show that such building or premises or part thereof and the proposed use thereof are in conformity with the provisions of this Ordinance. It shall be the duty of the Building Inspector to issue a certificate of occupancy provided that he has checked and is satisfied that the building and the proposed use thereof conform with all the requirements of this Ordinance and the Building Code. No permit for excavation or construction shall be issued by the Building Inspector before he is satisfied that the plans, specifications, and intended use conform to the provisions of this ordinance.
SECTION 16.4 CERTIFICATE OF OCCUPANCY FOR EXISTING BUILDING:
Upon written request from the fee owner, the Building Inspector shall issue a certificate of occupancy for any building or premises existing at the time of enactment of this Ordinance, certifying, after inspection, the extent and kind of use made of the building or premises, and whether such use conforms with the provisions of this Ordinance.
SECTION 16.5 CERTIFICATE OF OCCUPANCY FOR LAWFUL NONCONFORMING USES AND STRUCTURES:
A certificate of occupancy shall be required of all lawful nonconforming uses of land or buildings created by this Ordinance. A fee as provided for in SECTION 19.0 of this Ordinance shall be charged for said certificate. Applications for such certificates of occupancy for nonconforming uses of land and buildings shall be filed with the Building Inspector by the owner or lessee of the land or building occupied by such nonconforming uses within six (6) consecutive calendar months of the effective date of this Ordinance. Failure to apply for such certificate of occupancy will place upon the owner and lessee the entire burden of proof that such use of land or buildings lawfully existed on the affective date of this Ordinance. It shall be the duty of the Building Inspector to issue a certificate of occupancy for lawful nonconforming uses upon application and such certificate shall identify the intent to which the nonconforming uses exist at the time of issuance of such certificate.
SECTION 16.6 DENIAL OF CERTIFICATE OF OCCUPANCY:
Except as herein stated, a certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this Ordinance and to plans for which the building permit was issued.
SECTION 16.7 CERTIFICATE OF OCCUPANCY RECORDS:
A record of all certificates of occupancy shall be kept on file in the office of the Building Inspector, and copies shall be furnished on request to any person having a proprietary building affected by such certificate of occupancy.
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