Loading...
GENERAL PROVISIONS
(A) A certain document, three copies of which are on file in the office of the City Clerk-Treasurer, being marked and designated as the Arkansas Fire Prevention Code, be and is hereby adopted as the Building Code of the city for regulating and governing the conditions and maintenance of all property, buildings and structures by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Building Code on file in the office of the city, are hereby referred to, adopted and made a part hereof, subject to the changes contained within the Arkansas Fire Prevention Code, most current version, with amendments, as if fully set out in this section, with the additions, insertions, deletions and changes, if any.
(B) That if any section, subsection, sentence, clause or phrase of this section is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this section. The City Council of the city hereby declares that it would have passed this section, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases to be declared unconstitutional.
(C) That nothing in this chapter or in the Building Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby amended, as cited, in this section; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this section.
(D) That the Building Code herein shall be subject to the modifications contained within the current Arkansas Fire Prevention Code, it being the intention of this section that the Building Code herein adopted be wholly consistent with the current version of the Arkansas Fire Prevention Code, most current version, with amendments.
(E) There is hereby adopted by reference as fully as though set out word-for-word verbatim that certain published technical code known as the National Electrical Code, most current version, with amendments, as adopted and published by the National Fire Protection Association. Three copies of which are now and have been prior to the adoption of the ordinance from which this section is derived on file in the office of the City Clerk-Treasurer, the availability of such code for inspection by the public having been published in a newspaper of general circulation within the city.
(F) There is hereby adopted by reference as fully as though set out word-for-word verbatim that certain published technical code known as the Arkansas Mechanical Code, most current version, with amendments. Three copies of which are now and have been prior to the adoption of the ordinance from which this section is derived on file in the office of the City Clerk-Treasurer, the availability of such code for inspection by the public having been published in a newspaper of general circulation within the city.
(G) The Arkansas State Plumbing Code, most current version, with amendments, as published by the International Code Council for the Arkansas State Health Department. Three copies of which are now and have been prior to the adoption of the ordinance from which this section is derived on file in the office of the City Clerk-Treasurer, the availability of such code for inspection by the public having been published in a newspaper of general circulation within the city.
(H) The Arkansas Energy Code, most current version, with amendments, as adopted by the Arkansas Energy Office pursuant to authority delegated by the Arkansas Legislature, is hereby adopted and is incorporated herein by reference the same as if set out in full.
(Ord. 109, passed 4-2-96; Am. Ord. 161, passed 4-2-02; Am. Ord. 205-4-214, passed 4-5-05; Am. Ord. 2008-08-317, passed 8-5-08; Am. Ord. 2011-03-373, passed 3-1-11; Am. Ord. 2012-02-389, passed 2-7-12; Am. Ord. 2012-11-402, passed 1-7-12; Am. Ord. 2012-11-403, passed 11-7-12; Am. Ord. 2014-06-474, passed 6-3-14; Am. Ord. 2016-08-591, passed 8-3-16)
(A) Purposes.
(1) To protect and enhance Tontitown’s appearance, identity, natural and economic vitality.
(2) To address environmental concerns, which include, but are not limited to, soil erosion, vegetation preservation and drainage.
(3) To protect and preserve the scenic resources distributed throughout the city.
(4) To preserve the quality of life and integrate the different zones and uses in a compatible manner.
(5) To address the issues of traffic, safety and crime prevention.
(6) To preserve property values of surrounding property.
(7) To provide good civic design and arrangement.
(Ord. 138, passed 1-4-00; Am. Ord. 166, passed 2-4-03; Am. Ord. 2011-03-373, passed 3-1-11; Am. Ord. 2012-02-389, passed 2-7-12; Am. Ord. 2016-08-591, passed 8-3-16)
(A) Licensing. All buildings or structures constructed within the city for a commercial purpose or to house more than two families can only be built by an Arkansas licensed contractor, unless it is the owner of the land that will be the general contractor for the construction of the building.
(B) Violations and penalties. Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in any sum not less than $25 nor more than $250. Each day any such violation may continue shall be deemed a separate offense.
(Ord. 101, passed 8-30-94; Am. Ord. 2011-03-373, passed 3-1-11; Am. Ord. 2012-02-389, passed 2-7-12; Am. Ord. 2012-02-390, passed 2-7-12; Am. Ord. 2016-08-591, passed 8-3-16)
(A) Unsafe structures. All buildings or structures which are unsafe, unsanitary or not provided with adequate egress or which are substandard constitute a fire hazard or are otherwise dangerous to human life or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, abandonment or severely in contemplation of this section are unsafe buildings. All such unsafe buildings are declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the following provisions:
(1) Whenever the Building Official shall find any building or structure or portion thereof to be unsafe, as defined in this section, he or she shall, in accordance with established procedure for legal notices, give the owner, agent or person in control of such building or structure written notice stating the defects thereof. This notice shall require the owner within 30 days to purchase a building permit and to commence specified repairs or improvements or to demolish and remove the building or structure or portion thereof. The Building Official shall set the time allowed to complete such repairs or removal. If the person to whom such notice and order is addressed cannot be found after diligent search, then such notice shall be posted in a conspicuous place on the premises to which it relates. Such mailing and posting shall be deemed adequate service;
(2) Any owner, agent or person in control of such building or structure who shall fail, neglect or refuse within the stated time to comply with the notice from the Building Official to repair, rehabilitate or to demolish the building or structure or portion thereof shall be guilty of a misdemeanor and shall be subject to penalties set out in division (B) of this section;
(3) In case the owner, agent or person in control cannot be found within the stated time, or, if such owner, agent or person in control shall fail, neglect or refuse to comply with notice to repair, rehabilitate or to demolish and remove the building or structure or portion thereof, the Building Official shall refer the matter of removing the building to the City Council. If the City Council deems the structure unsafe and that it is in the best interest of the city to proceed with removal of the unsafe structure, it shall enact an ordinance ordering the property owner to raze and remove the unsafe structure, with work thereon to commence within ten days and be completed within 30 days. If the property owner fails to do so, the Mayor or his or her authorized representative shall cause the unsafe structure to be razed and removed. The cost thereof shall be charged against the premises and shall constitute a lien thereon;
(4) The amount of the lien may be determined at a hearing before the City Council held after 30-days’ written notice by certified mail to the owner of the property if the name and whereabouts of the owner is known. If the name of the owner cannot be determined, then the amount will be determined only after publication of notice of the hearing once a week for four consecutive weeks. The determination of the City Council is subject to appeal by the property owner to the Chancery Court. The amount so determined at the hearing, plus 10% penalty for collection, shall be certified by the City Council by ordinance to the Tax Collector of the county in which the property is located, to be placed on the tax books as delinquent taxes and collected accordingly. The amount, less 3% thereof, when so collected shall be paid to the city by the County Tax Collector. In the alternative, the lien provided for pursuant to this chapter and state law may be enforced in the Chancery Court at any time within 18 months after work has been done;
(5) In cases of emergency which, in the opinion of the Building Official, involve imminent danger to human life or health, he or she shall promptly cause such building, structure or portion thereof to be made safe or removed, whether the procedure prescribed in this section has been instituted or not. For this purpose, he or she may at once enter such structure or land on which it stands, or abutting land or structures, with such assistance and at such cost as he or she may deem necessary. He or she may vacate adjacent structures and protect the public by appropriate fence or such other means as may be necessary and for this purpose may close a public or private way.
(B) Violations and penalties. Whenever it is found that any person is violating any of the provisions or requirements set out in this section, a written notice stating the offense and setting time limits for the correction thereof shall be served upon the offender in person or by certified mail by the Chief City Inspector. If the offending party is not the owner of record of the tract upon which the dwelling or dwellings are being constructed, a copy of the notice shall also be served on the owner of record. The offender shall within this time limit set in the notice served upon him or her forever cease all violations.
Any person who shall continue to violate any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in any sum not less than $25 nor more than $250. Each day any such violation may continue shall be deemed a separate offense.
(Ord. 100, passed 8-30-94; Am. Ord. 2016-08-591, passed 8-3-16)
(A) From and after the passage of this section, and in accordance with the authority granted in A.C, § 14-56-416 and elsewhere in state law, it shall be unlawful for any person, firm or corporation to build, erect or construct any home, building or structure within the corporate limits of the city, except as hereinafter provided.
(B) Any person, firm or corporation desiring to build, erect or construct such home, dwelling, building or structure within the corporate limits of the city shall make application for a building/zoning permit with the application to be filed with the City Building/Zoning Official, and with such application to contain such information as may be required by the City Council.
(C) The City Building/Zoning Official shall consider the application in relation to the ordinances and/or standards or regulations adopted by the City Council, and the City Building/Zoning Official shall have the sole discretion in either approving or denying the building/zoning permit applied for by the applicant.
(D) The standards or regulations heretofore mentioned shall be considered as adopted by the City Council when dated and signed by the Mayor and
Clerk-Treasurer
at any regular or special meeting of the City Council, and a copy of the guidelines and standards shall be on file with the city for inspection by any interested persons at reasonable times.
(E) Minimum requirements for dwellings.
(1) In no case shall a primary dwelling consist of less than 1,000 heated square feet of floor area.
(2) Accessory dwelling units (ADU) are allowed in certain zoning districts and subject to additional requirements found in § 153.172. In no case shall an ADUs consist of less than 650 heated square feet of floor area, and can be no more than 67% of the size of the primary residence.
(3) All dwellings shall be constructed on a permanent foundation.
(4) All plumbing fixtures shall be connected to a sanitary sewer or to an approved private sewage disposal system.
(F) The Mayor shall have the authority to delegate any of its authority or powers provided herein to any person in order to implement this section.
(G) This section shall apply to either new construction or improvements or additions to existing structures, the cost of which exceeds $1,000; provided, however, that no permit shall be required for any improvements solely within the interior of any existing structure.
(H) The Mayor shall designate or employ a Building/Zoning Official and a Building Inspector to carry out the intent of this section.
(I) Any person receiving written notification from the city that he or she is in violation of the provisions of this section and any amendments thereto shall have a period of 30 days following the receipt of such notice in which to effect compliance or otherwise will upon conviction be subject to a fine in keeping with A.C. § 14-55-504 as amended by General Assembly of the State of Arkansas.
(J) It shall be unlawful for any person, firm or corporation to construct move any dwelling, home, buildings or other structures onto lands within the corporate limits of the city, unless a building/zoning permit as provided for in this section shall have first been obtained. Violation of this section shall subject the violators to the same penalties as provided in tliis section.
(K) The Building/Zoning Adrninistrator shall review each application for a building permit to determine its conformity with the flood hazard resolution and any other ordinance or resolution of the city, and the city shall not approve a building permit in the flood hazard area unless it complies with the requirements of the flood hazard resolution and the requirements of the flood insurance program.
(L) The City Council, by a majority vote, shall establish the fee schedule for issuance of a permit. This schedule may be amended by the City Council from time to time by the same vote. Every building/zoning permit shall become null and void if construction or installation authorized by the permit is not commenced within six months from the date of such permit, or if the construction or installation is abandoned for a period of six months once the construction or installation is commenced. No home, dwelling or building shall be occupied before a certificate of occupancy is issued by the building/zoning official.
(M) Any person aggrieved by the issuance of denial of a building/zoning permit shall be submitted by the aggrieved party in writing to the Building/Zoning Official within ten days of the final decision or issuance. Such appeal shall state the reasons for the appeal, and such appeal shall be heard by the Board of Zoning Adjustments. No appeal submitted after the ten-day period shall be considered by the Board of Zoning Adjustments.
(Ord. 46, passed 9-25-68; Am. Ord. 64, passed 3-2-76; Am. Ord. 2016-08-591, passed 8-3-16; Am. Ord. 2017-12-667, passed 12-5-17; Am. Ord. 2018-11-817, passed 11-6-18; Am. Ord. 2019-03-836, passed 3-5-19)
(A) The following shall be equipped with a key lock box at or near the main entrance or such location required by the Fire Chief:
(1) Commercial or industrial structures protected by an automatic fire alarm system or automatic suppression system, or such structures that are secured in a manner that restricts access by the Tontitown Emergency Services during an emergency; and
(2) All institutional and nursing care facilities.
(B) All newly constructed structures subject to this section shall have the key lock box installed and operational prior to the issuance of a certificate of occupancy permit. All structures in existence on the effective date of this section and subject to this section shall have one year from the effective date of this section to have a key lock box installed and operational.
(C) The Tontitown Emergency Services has designated that the knox box type of key lock system is to be implemented within the city and shall have the authority to require all structures to use the designated system.
(D) The owner or operator of a structure required to have a key lock box shall, at all times, keep a key in the lock box that will allow for access to the structure.
(E) The Tontitown Emergency Services shall be authorized to implement rules and regulations for the use of the lock box system.
(F) All business inside the City of Tontitown listed above shall also follow all required codes listed in the Uniformed Fire Code Section 506 and this is not an exception to any regulations listed inside those sections.
(Ord. 2017-07-581, passed 7-5-16)
Loading...