§ 11. Building permits; certificates of occupancy approval process.

11.1

Building permits required.

A.

No building or other structure shall be erected, moved, added to, or structurally altered without a permit issued by the City of Terrell's Municipal Development Department. A building permit shall not be issued except in conformity with the provisions of this ordinance, unless otherwise authorized by the board of adjustment in the form of a variance or special exception as provided in subsection 9.6 of this ordinance. A building permit shall not be issued until the property is properly zoned for the intended use, until the property is platted in accordance with the subdivision ordinance, until all outstanding unpaid liens, judgments, citations or other encumbrances are paid in full and released by the city secretary's office, nor until all appropriate plans have been approved by the city, including, but not limited to, a final plat, a detailed plot plan, a final site plan, landscaping and façade plans, building structural plans, or any other documents as required by the building official. All building permit plans shall clearly show in detail existing features, structures, utilities, fire lanes, access, etc. as well as how the site will be constructed (such as paving, buildings, general physical improvements, landscaping, improvements that currently exist, distances to property lines, etc.).

11.2

Building permit applications.

A.

Purpose. The purpose of building permit construction plans are to ensure that projects involving any type of structure are in compliance with all applicable city ordinances and guidelines prior to commencement of construction. This section does not diminish the authority delegated to the building official under the city's building code.

B.

Applicability. This section establishes a review process for all construction, alterations, repairs, remodeling, additions, or development projects involving any type of structure, electrical, plumbing, mechanical system whether occupied or not, including accessory and temporary structures within any zoning district inside the corporate city limits of Terrell. Building permit plans are required in addition to any other types of required plans, such as, concept plans, site plans, civil engineering, utility construction plans, drainage facility construction plans, etc. if any structural, electrical, plumbing, mechanical, or other types of work are proposed that are subject to the adopted International Building or National Electrical Codes.

C.

Building permit and certificate of occupancy. Plans showing the entire scope of work to be performed shall be submitted in conjunction with a building permit application. No building permit application shall be accepted for review until a complete set of plans with all applicable supplementary documentation as required on the building permit checklist is submitted with the application and all other required engineering or public infrastructure construction plans are first approved by the city. No certificate of occupancy shall be issued until all construction and development conforms to the building permit plans and engineering/construction plans, as approved by the city.

D.

Extent of area that should be included in the building permit plans. When the overall project is to be developed in phases, the construction included in the first phase shall be highlighted in bold lines on the overall site plan included in the building permit plans and subsequent phases shall be indicated by lighter lines (ghost lines) in order that the proposed first phase may be properly evaluated in the context of the entire project.

E.

Procedures and submission requirements for building permit approval. All building permit plans shall clearly show in detail how the site will be constructed (such as paving, sidewalks, buildings, general physical improvements, improvements that currently exist, distances to property lines, etc.) or in the case of building repairs, alterations, or additions the scope of work shall be clearly delineated on the building permit application. To ensure the submission of adequate information, the city is hereby empowered to maintain and distribute a separate list of specific requirements for the review of applications.

F.

Review and approval of a building permit application.

1.

City staff review and approval of building permit applications.

a.

Following submittal of a complete application for a building permit in accordance with subsection 11.1.A, the city shall review the application. specifically, the director of municipal development, city engineer, public works director and the building official (or their designee) shall review the building permit application.

b.

Each building permit application shall be evaluated to ensure that all projects are constructed according to the city's codes and ordinances.

c.

Following city staff review, the building official shall approve, approve subject to certain conditions, or deny the building permit application.

G.

Revisions to the approved building permit plans.

1.

Minor revisions/amendments.

a.

It is recognized that final architectural and engineering design may necessitate minor changes in the approved building permit plans. In such cases, the building official, or his/her designee, shall have the authority to approve minor modifications to an approved set of building permit plans. Such minor modifications shall be submitted as a "revised building permit plan," which shall substantially conform to the previously approved building permit.

b.

Submission materials and requirements for approval of a revised building permit plan shall be as determined by the building official or his/her designee.

2.

Major revisions. In the event of revisions that are more extensive in nature (i.e., do not conform to the description for minor revisions/amendments above), the current building permit may be suspended or revoked and a new set of building permit plans must be resubmitted, reviewed, and approved by the city. Any new building permit plan shall be deemed a "new permit", and shall be submitted with a new application form, with a new filing fee, and with new plans and materials in accordance with the procedures set forth in this section. The new request shall also be reviewed for compliance with the ordinances and regulations in effect at the time the new application is made.

H.

Effect of review/approval. The issuance of a building permit and payment of all fees shall be considered approval of the building permit plans and authorization to proceed with construction of the project provided all other required city approvals are obtained (such as final plat, engineering plans, etc.).

I.

Validity and lapse of building permit plan approval.

1.

Validity of permits. All permits shall be deemed invalid if work does not commence within 60 days of the issuance of the permit or if work authorized on the site by such permit is suspended, stopped or abandoned for a period of 60 days or more after the time the work commenced.

a.

Any approved commercial building permit plan shall be deemed expired 18 months from the date on which the building permit plan was originally approved if the project is not substantially complete. An extension of up to six months may be granted upon completion and submission of a written application to the building official prior to the expiration date of the original permit. Nor more than two extensions may be granted on any project.

b.

All residential permits are valid for a period of six months from the date of issue. An extension of up to two months may be granted upon completion and submission of a written application to the building official prior to the expiration date of the original permit. No more than two extensions may be granted on any project.

2.

Extension and reinstatement procedure.

a.

Prior to the lapse of approval for a building permit with associated plans, the applicant may petition the city in writing to extend the building permit.

b.

Such petition shall be granted approval or denial by the building official (or his/her designee).

c.

If no petition is submitted, then the building permit shall be deemed to have expired and shall become null and void. Any new request for building permit approval shall be deemed a "new permit", and shall be submitted with a new application form, with a new filing fee, and with new plans and materials in accordance with the procedures set forth in this section. The new request shall also be reviewed for compliance with the ordinances and regulations in effect at the time the new application is made.

d.

In determining whether to grant a request for extension, the building official (or his/her designee) shall take into account:

i.

The reasons for the lapse,

ii.

The ability of the property owner to comply with any conditions attached to the original approval, and

iii.

The extent to which development regulations would apply to the construction plans, civil plans or site plan at that point in time.

11.3

Cancellation of building permit.

A.

Failure of an applicant or any of his/her agents, representatives or contractors to erect, construct, reconstruct, alter, use or maintain any building, structure or premises in conformance with the approved plans and the applicable building codes upon which a building permit was issued, when such failure constitutes a violation of any provision of this ordinance or the adopted building codes, shall render such building 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/her agent or representative, and all work upon such building, structure or premises shall be immediately discontinued until such building, structure or premises shall be brought into conformance with the approved plans and with all applicable provisions of this ordinance.

11.4

Certificate of occupancy.

A.

A certificate of occupancy shall be required for any of the following:

1.

Initial occupancy and use of a new building, new residential structure hereafter erected or structurally altered existing building;

2.

Change in tenant or ownership of an existing building or lease space shall require the new occupant to apply for a certificate of occupancy before utilities will be released.

3.

Change in use of an existing building to a different occupancy or use classification; or change in the use of land to a different zoning classification.

B.

No such use, or change of use, shall take place until a certificate of occupancy therefore shall have been issued by the municipal development department. The application fee(s) for a certificate of occupancy shall be as set forth by ordinance of the city council.

C.

No certificate of occupancy shall be issued for any building in which any outstanding unpaid liens, judgments, citations or other encumbrances exist and no such use, change of use or occupancy shall take place until the same are paid in full and released by the city secretary's office or official designee.

D.

Businesses requiring any type of state license, permit or registration to operate, such as but not limited to, pawn shops, alcohol sales, barber or beauty salons, massage parlors, tattoo studios, game halls, credit service organizations, etc. shall not be issued a certificate of occupancy (C.O.) unless the owner provides proof to the city of a current valid license, permit or registration pertaining to the business in which the C.O. application has been submitted. The revocation, suspension or expiration of such license, permit or registration shall be grounds for the city to revoke or suspend a C.O. until such credentials are renewed or reestablished by the state.

E.

A record of all certificates of occupancy shall be kept on file in the municipal development department and copies shall be furnished upon request to any person in accordance with state laws governing public records.

F.

Procedure for new or altered buildings. Written application for a certificate of occupancy for a new building or for an existing building which is to be altered shall be made at the same time as the application for the building permit for such building. Said certificate shall be issued after the municipal development department orders the building or structure inspected and finds no violations of the provisions of this ordinance or other regulations which are enforced by the municipal development department. Said certificate shall be issued by the municipal development department after the erection or alteration of such building or part thereof has been completed in conformity with all applicable provisions of this ordinance and all building codes, city ordinances and state regulations as applicable or adopted. All applications for a certificate of occupancy for a restaurant regardless of type of food preparation shall submit a printed copy of the final menu of all foods being served along with the application for the C.O. No temporary utility services (water, electric, or gas) shall be released unless a valid building permit has been issued.

G.

Contents of certificate of occupancy. Every certificate of occupancy shall contain the following:

1.

Building permit number;

2.

The address of the building;

3.

The name and address of the owner;

4.

The name and address of the tenant or occupant;

5.

Description of that portion of the building for which the certificate is issued;

6.

A statement that the described portion of the building has been inspected for compliance with the requirements of the International Code Council (ICC) Building Codes as adopted for the particular group and division of occupancy;

7.

The name of the municipal development department representative;

8.

Use(s) allowed;

9.

Maximum number of persons/occupants; and

10.

Issue date of certificate of occupancy.

H.

Posting of certificate of occupancy. The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the municipal development department.

I.

Revocation of certificate of occupancy. The municipal development department may, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this ordinance whenever the certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provision of this ordinance or the building code and other codes adopted by the city, and any amendments thereto. Revocation or suspension of the certificate of occupancy may also result in the disconnection of utilities and the removal of meters until such time as the building official and/or fire marshal determine that all requirements for the reinstatement of the C.O. have been met.

11.5

Completion of buildings in progress.

A.

Nothing contained herein shall require any change in the plans, construction or designated use of a building, the foundation for which has been completely constructed as of the effective date of this ordinance, and the remaining construction of which shall have been completed within one year (i.e., 365 calendar days) following the effective date of this ordinance. In addition, any nonresidential building or structure for which a building permit has been approved by the city not more than one year (i.e., 365 calendar days) prior to the effective date of this ordinance may be constructed according to the terms of that building permit.

11.6

Other plan requirements.

A.

Concept plans and site plans associated with zoning change, planned development, or specific use permit applications are to be processed in accordance with section 10, 31A or 31B as applicable.

B.

Any redevelopment, renovation, or expansion of a nonconforming use or nonconforming structure must meet all of the criteria as set forth in section 7 of this ordinance prior to plan approval and the issuance of a building permit.

C.

Any redevelopment, additions, alterations or change in use of existing sites or structures that exceeds 60 percent of the appraised value of the structures, triggers a requirement for a ten-percent increase in required parking or materially changes the traffic circulation must undergo plan review and staff approval to verify compliance with all the requirements set forth in this ordinance prior to the issuance of a building permit or certificate of occupancy.

D.

Civil engineering plans, traffic impact analysis study (TIA), flood studies per FEMA required for a certified letter of map revision (CLOMR) or other data affecting the construction of the project may require prior city approval of all required plans prior to the issuance of a building permit or certificate of occupancy.

11.7

Payment of all indebtedness attributable to the subject property.

A.

No person who owes delinquent taxes, liens, delinquent paving assessments, impact fees, or any other delinquent debts or obligations to the City of Terrell or Kaufman County and which are directly attributable to a piece of property shall be allowed to submit any application for any type of plan review until the taxes, assessments, debts, or obligations directly attributable to said property and owed by the owner or previous owner thereof to the City of Terrell or Kaufman County shall have been first fully discharged by payment, or until an arrangement satisfactory to the city or county has been made for the payment of such debts or obligations. It shall be the applicant's responsibility to provide evidence or proof that all taxes, fees, etc. have been paid, or that other arrangements satisfactory to the city have been made for payment of said taxes, fees, etc.