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No permits for the erection, alteration, construction, reconstruction, use or maintenance of any building or use of any premises shall be issued by the Building Official unless there shall first be filed in his or her office by the applicant therefore, a plan in duplicate, drawn to scale, correctly showing the location and actual dimensions of the lot to be occupied, the dimensions and location on the lot of the building to be erected, constructed, reconstructed, altered, used or maintained with measurements in feet and inches from all lot lines to all foundation lines or the building, together with a true statement, in writing, signed by the applicant, showing the use for which such building or premises is arranged, intended or designed and the location and dimensions of all accessory buildings or structures. No permit shall be issued by the Building Official unless such plan shall show in all details that such premises are to be used in conformity with all the provisions of this chapter. A record of such applications and plans shall be kept in the office of the Building Official. Failure of any applicant or of his or her agents, servants or employees to erect, construct, reconstruct, alter, use or maintain any buildings, structures or premises in conformance with such plans on which such permit is issued, when such failure constitutes a violation of any provisions of this chapter, shall render such permit void and the Building Official is hereby authorized and directed to revoke any such permit by giving written notice to the applicant, or his or her agent, servants or employees and all work upon such buildings, structures or premises shall be changed so as to comply with such plans and permit.
(1998 Code, App. A, § 40-82)
(A) General. No vacant land shall be occupied or used, except for agricultural uses, and no building hereafter erected or structurally altered shall be occupied or used until a certificate of occupancy shall have been issued by the Building Official. The certificate of occupancy shall state that the building or proposed use of a building or land complies with all the building and health laws and ordinance, and with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the Building Official, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected. No fee shall be charged for a certificate of occupancy. No permit for excavation for any building shall be issued before application has been made for a certificate of occupancy.
(B) Certificate of occupancy for a building. A certificate of occupancy and compliance shall be applied for coincident with the application for a building permit, and shall be issued within ten days after the erection or structural alteration of such building shall have been completed in conformity with the provisions of these regulations. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the Building Official for the period not exceeding six months during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the city relating to the use or occupancy of the premises, or any other matter covered by this chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants.
(C) Certificate of occupancy for land. A certificate of occupancy for the use of vacant land or the change in the character of the use of land as herein provided, shall be applied for before any such land shall be occupied or used and a certificate of occupancy shall be issued within ten days after the application has been made; provided that, such use is in conformity with the provisions of these regulations.
(D) Certificate of occupancy for a non-conforming use. A certificate of occupancy for a non-conforming use existing at the time of the adoption of this chapter shall be issued by the Building Official and the certificate shall state that the use is a non-conforming use, and does not conform to the provisions of this chapter. The Building Official shall notify all occupants of property being used as non-conforming uses, and the occupants shall, within 30 days after receipt of such notice, apply at the office of the Building Official for a certificate of occupancy.
(1998 Code, App. A, § 40-83)
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals or general welfare. It is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any existing provisions of law or ordinances or any rules or regulations previously adopted pursuant to law relating to the use of building or premises; nor is it intended by this chapter to interfere with or abrogate or annul any easement or covenants between parties; provided, however, that, where this chapter imposes a greater restriction upon the use of buildings or premises than are imposed by such existing provisions of law or ordinance or by such rules or regulations or by such easements, covenants or agreements, the provisions of this chapter shall control.
(1998 Code, App. A, § 40-84)
It is hereby declared to be the intention of the City Commission that if the sections, paragraphs, sentences, clauses and phrases of this chapter shall be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentence, paragraphs or section of this chapter, since the same would have been enacted by the City Commission without the incorporation in this chapter of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section.
(1998 Code, App. A, § 40-86)
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