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HomeMy WebLinkAbout1723443 ORDINANCE NO. 17,234 AN ORDINANCE AMENDING AND RECODIFYING CHAPTER 8 AND CHAPTER 36 OF LITTLE ROCK, ARK REV. CODE (1988) CONCERNING FENCE AND CERTIFICATE OF OCCUPANCY REQUIREMENTS, AND FOR OTHER PURPOSES. WHEREAS, the Building Codes Staff has met on numerous occasions to review and discuss the current provisions of the fence and certificate of occupancy requirements as they relate to new and existing conditions of structures and property, and WHEREAS, the Building Codes staff has developed the following set of amendments to the fence and certificate of occupancy requirements which are recommended for adoption by the Little Rock Board of Directors in order to clarify standards of code compliance for all installations in the City, and WHEREAS, such amendments are appropriate and necessary for the health, safety and welfare of our citizens. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION I - DIVISION 1, LRC Section 8 -35 shall be deleted in its entirety and the following language shall be substituted therefor: LRC Section 8 -35 shall be amended as follows: Section 8 -35. Certificate of Occupancy (a) Purpose. Certificates of occupancy are required to ensure that completed structures and the development of property of which such structures are a part comply with the provisions of this chapter, as well as any site plans or conditional approvals for such structures and development. (b) Authority. The Building Official shall have the authority and responsibility to issue and keep records of certificates of occupancy in accordance with the requirements set forth in this chapter, chapter 31 and chapter 8, article II. (c) Certificate of occupancy required. No new structure or addition to an existing structure shall be occupied and no use of a building shall be changed unless a certificate of occupancy is issued therefor by the Building Official. (d) Procedure. (1) Application. A certificate of occupancy shall be applied for coincident with the application for a building permit and will be issued before occupancy and connection of utilities to such building. 1 (2) Action on application. The Building Official or his designated agent shall inspect the property which is the subject of an application within a reasonable time, after completed application has been filed, and shall issue a certificate of occupancy if the premises of the property comply in all respects with the applicable development regulations in effect. If the premises do not so comply, the Building Official shall deny the application in a written notice mailed to the applicant within five (5) days after the inspection of the property, specifying the provisions of which ordinance with which the structure or development does not comply. (3) Contents of certificate of occupancy. Information required for submission to obtain a certificate of occupancy shall include: a. Name of applicant. b. Nature and extent of the applicant's ownership interest in the subject property. C. Address of the property for which a certificate is requested. d. A legal description of the property, the zoning classification for the property, and a statement that the use of the property is allowed or permitted in the zoning classification for the property. e. If a site plan or other conditional approval for the structure or the development of which such structure is a part was required, a copy of any document granting such approval and any plans approved in connection therewith. f. Such other information as requested by the Building Official to ensure conformance with applicable development regulations. (4) Temporary certificates of occupancy. A temporary certificate of occupancy may be issued for a portion or portions of a building which may be safely occupied prior to final completion of the building. It may also be used for transient use which, due to its nature, is not required to comply with permanent construction regulations. A temporary certificate of occupancy shall be valid for a period not exceeding six (6) months. Such temporary certificate shall not be construed in any way altering the respective rights, duties or obligations of owners or of the city relating to the use or occupancy or any other matter required by this section. (5) Certificates for existing buildings. A record of all certificates of occupancy shall be maintained on file in the office of the Building Official and copies shall be furnished for an inspection fee of ten dollars ($10.00) on written request to any person having a proprietary or tenancy interest in the building or land affected. (Code 1961, Ch. 43, § 4 -104) K MW4 3TO LRC Section 36 -56 shall be deleted in its entirety. Chapter 36 of LRC shall be amended to provide for insertion of a new section to be numbered 36 -516 to read as follows: Section 36 -516. Fences, Walls, Etc. (a) No fence, wall, screen, hedge, billboard or structure in the nature of a fence, shall be erected or be maintained in such position or places as to be dangerous or detrimental to the health of persons living in any house or adjoining premises or in any way obstruct the view so as to endanger public traffic on the streets, and any fence, wall, screen, hedge, billboard, or structure in the nature of a fence, so erected or maintained, shall be removed within three (3) days upon written notice from the director of the City department designated by the City Manager served upon the owner, agent or occupant of the premises where such obstruction has been erected or is maintained. (b) Fences or structures in the nature of a fence erected on premises used for business or manufacturing where materials, equipment or utensils are stored, or for places of amusement, shall not exceed nine (9) feet in height above grade at the fence. Other fences erected behind required zoning or subdivision setbacks adjacent to streets may be erected to maximum height of six (6) feet. Fences erected within required setbacks adjacent to streets shall not exceed four (4) feet in height. (c) Fences otherwise meeting zoning and subdivision setback requirements may be constructed to heights as permitted by Chapter 36. Fence posts or columns may be constructed to a height two (2) feet above the allowable fence height provided no horizontal dimension of such posts or columns exceed twenty -four (24) inches. (d) Use of barbed, concertina wire or other type of wire specifically designed to inflict injury upon human contact is prohibited except when used at the top of fences at least six (6) feet above grade enclosing business or manufacturing premises. When such wire is used, it shall not extend outside the vertical plane of the enclosed property. Electrically charged fences are prohibited. (Ord. No. 14,119, § 54, 9- 15 -81; Ord. No. 15,988, § 4, 12- 18 -90) i 440 Section 2. These changes are needed due to the lack of an appeal process for fences and the responsibility of enforcement for certificate of occupancy requirements. Section 3. The provisions of all techanical codes, ordinances and code of ordinances in conflict with the provisions of this ordinance are hereby repealed. PASSED: July 2, 1996 ATTEST: APPROVED: allJAA'a A kA 0 A LD eA - ROBBIE HANCO K CITY CLERK APPROVED AS TO FORM: THOMAS M. CARPENTER CITY ATTORNEY Il JIM �ULEY MAYOR