Ord 2013-035/Amending Chapters 1 through 8 of the Land Development Code to implement the changes made through Ord 2013-16 which adopted the comprehensive plan

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Subpart B - LAND DEVELOPMENT CODE Chapter 1 - DEVELOPMENT PROCEDURES ARTICLE 9: - CONSTRUCTION PERMITS DIVISION 3: - CERTIFICATES OF OCCUPANCY DI Vt'SHIN 3 t E "R"t tt RIA t t ":!t' t °;tt iii t' "tit AIV(',,' 1' Section 1„ „3 „1 ,,. AppIllicalb111111ty and Ilf;; °ff f (a) Applicability. An application for a certificate of occupancy is required within the City limits, or where authorized by a development agreement, in the City's extraterritorial jurisdiction, after the construction, alteration or placement of a structure on a lot, tract or parcel and prior to habitation or any use of the structure, or any occupation of a manufactured home rental community. A certificate of occupancy also is required prior to a change in the use of any structure if the use is a different use based upon the land uses listed in Section 4.3.1.2 (Land Use Matrix). (b) Effect. Approval of a certificate of occupancy authorizes habitation or other occupancy of the structure in accordance with the terms of the certificate. Section 1„ „3 „2 ,,. AppIllicatiloin Requirements (a) Responsible Official. The building official shall be the responsible official for a certificate of occupancy. (b) Contents. An application for approval of a certificate of occupancy shall be prepared in accordance with Chapter 1 of the Technical Manual. Section 1 „9...3...3 ,,. IID iii iiion (a) Decision. The building official shall approve or deny the application for a certificate of occupancy. (b) Time for Decision. The building official shall decide the application for a certificate of occupancy within 30 days of the official filing date. (c) Record. A record of all certificates of occupancy shall be kept on file in the offices of the building official, and copies shall be furnished upon request to any person in accordance with state laws governing public information. (d) Posting of Certificate. Except for single - family structures, the approved certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the building official. Section 1 „ „3„ ,,. Appeal The applicant and any interested person may appeal the building official's decision on the certificate of occupancy to the Zoning Board of Adjustments in accordance with Article 10 of this Chapter 1, other than an appeal contesting compliance with the Building Code or other construction codes included or adopted in Chapters 14 or 38 of the City Code, in which case such appeal shall be made to the Construction Board of Adjustment (CBOA). The ZBOA shall decide the appeal in accordance with Article 10. Section 1 „ ...3„ 5 ,,. Cirliiteirliia for Appirovall l (a) The building official or the Zoning Board of Adjustments on appeal shall apply the following criteria in deciding the application for a certificate of occupancy: (1) The location of the structure on the property is in accordance with the approved application for the building permit; (2) Where a change of use in an existing structure is proposed, the use conforms to the use regulations governing the property; San Marcos, Texas, Code of Ordinances Page 117