1. This title shall be enforced by a building inspector, acting at the direction of the mayor. It shall be a violation of this title for any person to change or permit the change in the use of land, or buildings or structures, or to erect, alter, move or improve any building or structure until a building permit has been obtained under the following conditions. (1989 Code § 12-387)
2. No building or structure shall be built, enlarged, altered or moved without a permit from the building inspector. The applicant for a building permit may be required to furnish the following information:
a. A plot plan, drawn to scale, showing the exact size, shape and dimensions of the lot to be built upon, the exact size and location on the lot of all existing buildings and structures, and the exact size and location on the lot of the structure or building proposed to be repaired, altered, erected or moved, together with a statement of the materials to be used, and the size, arrangement, number of parking stalls, movement of vehicles and ingress and egress drives for all off street parking and loading facilities;
b. A declaration of the existing and intended use of each existing and proposed building or structure on the lot and the number of families and housekeeping units which each existing and proposed building is designed to accommodate;
c. Additional information relating to the proposed improvement needed to determine compliance with these regulations; and
d. A survey prepared by an engineer, registered in the state, of the boundaries of the lot on which the improvement is proposed to be located. (1989 Code § 12-388)
3. a. Fence Permit Required: No fence, barrier, wall, plant or hedge wall may be erected, modified or installed within the city of Sayre without a permit issued through the office of the building inspector. Application for said permit shall be made with the building department on forms prepared and supplied by the department. The building inspector will grant permits upon determination that the type of fence, its location, and other specifications are in full compliance with all provisions of this subsection A3 and all other city ordinances.
b. Height For Safety And Security: No fence or barrier shall exceed eight feet (8') in height, except in the case of manufacturing plants, truck and bus parking lots, school yards, electric transformer installations, commercial storage and auto salvage yards, aboveground storage tanks for volatile or hazardous materials, livestock pens and dog kennels, all municipal yards and facilities, road overpasses, ball fields and the like where safety and security considerations shall require a greater height.
c. Yard Fences: Property side line and right of way yard fences and/or barriers running from the street line or sidewalk line into a property shall not exceed three feet (3') in height, no solid fence, except a decorative low profile yard fence, shall be constructed closer to a front yard right of way line than the primary structure on that lot. In the event that portions of the front elevation of a primary structure are closer to the front property line than other portions, it is the intent of this chapter to not allow any solid fence to be constructed closer to the front property line than the portion of the front elevation nearest to the right of way yard fence. In no event shall any portion of the front elevation be blocked by a solid right of way yard fence.
d. Clear View: The building inspector may further restrict or deny the erection of a fence when its height added to a rise, embankment, wall or ridge along the same side line would obstruct a clear view up and down the street from any proximate driveway, walkway, or bicycle path entering the street, excepting again those situations where the safety and security requirements of subsection A3b of this section shall override the traffic considerations of subsection A3c of this section.
e. Property Lines: Fences may be erected along property lines as mutually agreed and described in the application form listed with the building department.
f. Barbed Wire And Electric Fences: All barbed wire fences and electric fences shall be clearly marked with hunter orange blazes at intervals of twenty feet (20'). Barbed wire and electric fences shall be permitted and living fences with sharp thorns may be planted only on those properties in agriculture zoned districts where livestock numbering five (5) or more are actually kept and raised and is five (5) acres or greater in size. No type of fence will be allowed in the city on which a person or domesticated animal could become impaled, torn, slashed, mutilated or otherwise grievously injured.
g. Easements: On any lot subject to an easement, the owner or applicant shall procure a release in writing from the holder of the easement and said release shall be attached to the application for a fence filed with the building department. No fence shall be erected that will prevent the use of a right of way which has been established by adverse usage.
h. Exemption: The foregoing restrictions on fence heights shall not apply to a fence erected to contain a recreational facility such as baseball backstops, spectator bleachers, tennis courts, archery ranges, swimming pools and like installations.
i. Noncomplying Fences: All fences and living fences existing at the time of adoption hereof shall be brought into compliance with this subsection A3 at the time for their replacement, rebuilding or replanting but no later than five (5) years from the date this subsection A3 became effective.
j. Fine: A fine shall be imposed for violators of this subsection A3 commencing with the tenth day following constructive delivery of a violation notice from the building department with said fine amounts to be established by resolution of city council.
k. Freestanding Walls: The height restrictions governing fences in this subsection A3 shall be equally applicable to freestanding walls built in the city after the date this subsection A3 came into effect. Notwithstanding any other provisions of this subsection A3, no wall shall be built or maintained at any time where said wall is capped with broken glass, stone shards, metallic points, or other jagged objects which could do bodily harm to a person or animal coming into contact with same.
l. Severability: The provisions of this subsection A3 are severable. If any provision of this subsection A3 shall be found to be contrary to law, then such provision shall not be applied or enforced except to the extent permitted by law, and all other provisions of this subsection A3 shall remain in full force and effect.
m. Variations: The public safety committee of the city council on its own initiative or upon application to it by an applicant for a fence permit, after due notice and open hearing, may vary any provisions of this subsection A3 as it may deem necessary with respect to any particular case when, in its opinion, the enforcement thereof would do manifest injustice or cause undue hardships, provided the decision of the committee shall not conflict with the spirit of this subsection A3. The burden of proof of the manifest hardship of injustice shall be the responsibility of the applicant.
n. Plans And Specifications: Three (3) sets of plans and such other data as deemed necessary by the building official of the building inspection division of the community development department shall be submitted with each application for a permit under this subsection A3.
o. Information On Plans: Plans shall be drawn to scale and shall include the following:
(1) Building locations and area to be fenced.
(2) Legal description of land to be fenced.
(3) Height of fence and type of materials to be used.
(4) Intersections of streets, roads, highways, alleys and driveways.
(5) Zoning.
(6) Corner "visibility range", when required, shall be shown.
p. Permit Issuance:
(1) The application, plans and other data, filed by an applicant for a permit under this subsection A3 shall be reviewed by the building official of the building inspection division of the community development department. If the work described in an application for a permit and the plans and other data filed therewith conform to the requirements of this subsection A3 and all other pertinent laws and ordinances, and the fees providing for permit, inspection and license fees have been paid, the permit shall be issued to the applicant. Permit fees shall be set by resolution of the city council.
(2) The plans shall be endorsed by the city in writing or stamped "approved" and shall not be changed, modified or altered without authorization from the building official of the building inspection division of the community development department, and all work shall be done in accordance with the approved plans.
(3) One set of approved plans shall be retained by the building official of the building inspection division of the community development department for a period of not less than ninety (90) days from the date of completion of the work covered (1 set of the approved plans shall be retained by the city clerk and 1 set of the approved plans shall be returned to the applicant).
q. Permit Duration: Every permit issued by the building official of the building inspection division of the community development department under the provisions of this subsection A3 shall expire by limitation and become null and void if the authorized work is not commenced within sixty (60) days from the date of permitting, or if the authorized work is not completed, or is abandoned for a period of sixty (60) days. Before the work can be recommenced, a new permit shall be first obtained and the fee shall be one-half (1/2) the amount required for a new permit for such work, provided the elapsed time does not exceed one hundred eighty (180) days from the date of permitting in which case the permittee shall pay a new full permit fee in order to renew the permit. (Ord. 10-06-15B, 6-15-2010)
B. Certificate Of Occupancy: No change shall be made in the use of any land, or building or structure, after the passage date hereof, until a certificate of occupancy is obtained from the city inspector, for a fee as set by the city council, that all of the provisions of this title are complied with. Whenever a building permit is issued for the erection 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 is issued or where the intended use is not clearly stated on the building permit. (1989 Code § 12-389; amd. 2002 Code)
Notes
| 1 | 1. See also section 9-1-5 of this code. |
The uses listed under the various districts herein as uses permitted on review are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the district; however, the nature of such uses make it desirable that they be permitted to locate therein. The following procedure is established to integrate properly the uses permitted on review with other land uses located in the district. These uses should be reviewed and authorized or rejected under the following procedures:
A. Application: An application shall be filed with the planning commission for review. The application shall show the location and intended use of the site, and be accompanied by a list of the names and addresses of all the property owners and existing land uses within a radius of three hundred feet (300') from the outside perimeter of the property lines of the proposed location, which list shall be certified as correct either by an abstractor, or upon affidavit by a person who made an actual search of the records of the county, that the list is true and correct.
B. Notice; Public Hearing: After giving notice of at least ten (10) days by regular mail to all those whose names appear on the list accompanying the application, the planning commission shall hold one or more public hearings thereon, at which the planning commission may require any other material, information or testimony it believes pertinent and shall continue the hearing from time to time, if necessary.
C. Recommendation: The planning commission shall within forty five (45) days of the date of the application, transmit to the city council its report as to the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, public utilities, and other matters pertaining to the general welfare, and the recommendation of the planning commission concerning the use thereon.
D. Fees Of Notice: The city council by resolution shall set such fees as are necessary to defray the costs of the mailing of the notice set out herein. (Ord. 741, 10-16-2007)
A. Authority: The city council may, from time to time, on its own motion, or on petition from a property owner, or on recommendation of the planning commission, amend the regulations and districts herein established. No change in regulations, restrictions or district boundaries shall become effective until after a public hearing held in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in an official paper of general circulation in the city. (1989 Code § 12-391)
B. Passage By City Council:
1. Every such proposed amendment shall be referred by the planning commission for report. If a protest against such amendment is presented, duly signed and acknowledged by the owners of twenty percent (20%) or more of the land within such area proposed to be altered, or by the owners of twenty percent (20%) or more of the area of the lots immediately abutting either side of the territory included in such proposed change, or separated therefrom only by an alley or street, such amendment shall not be passed except by the favorable vote of three-fourths (3/4) of the city council.
2. Whenever the owners of fifty one percent (51%) of the land in any area shall present a petition duly signed and acknowledged to the city council requesting an amendment of the regulations prescribed for such area, it shall be the duty of the city council to vote upon such amendment within ninety (90) days of the filing of same by the petitioners with the city clerk.
3. For each petition for amendment to the zoning ordinance, a fee as set by the city council, plus the cost of legal publication, shall be paid to the city clerk. (1989 Code § 12-392)
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