Chapter IV · Buildings and Construction

Article 1. Building Code

Sections 4-101 to 4-109 · 9 sections

4-101 Adoption of building code.

There is hereby adopted by the City of Bennington, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of building and structures, including permits and penalties, that certain building code known as the National Building Code, Abbreviated Edition, recommended by the National Board of Fire Underwriters, being particularly the 1955 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended, of which not less than 3 copies have been and are now filed in the office of the clerk of the City of Bennington and the same are hereby adopted and incorporated as fully as if set out at length herein, and the provisions thereof shall be controlling in the construction of all buildings and other structures within the corporate limits of the city.

(Code 2018)

4-102 Establishment of office of building official.

(a)The office of building official is hereby created and the executive official in charge shall be known as the building official.

(b)The building official shall be appointed by the city council. His appointment shall continue during good behavior and satisfactory service. He shall not be removed from the office except for cause after full opportunity has been given him to be heard of specific charges.

(c)During temporary absence or disability of the building official the appointing authority shall designated an acting building official.

(Code 2018)

4-103 Duties of building official.

It shall be the duty of the building official to enforce all laws relating to the construction, alteration, removal and demolition of buildings and structures.

(Code 2018)

4-104 Right of entry.

The building official, in the discharge of his official duties, and upon proper identification, shall have the authority to enter any building, structure or premises at any reasonable hour.

(Code 2018)

4-105 Definitions.

(a)Municipality — shall be held to mean the City of Bennington

(b)Corporation Council — shall be held to mean the attorney for the City of Bennington

(c)Antenna Dish — shall mean any circular or similar dish shaped receiving antenna generally used for highly specialized industrial communications or for receiving television signals for a satellite.

(d)Front Yard — shall mean a year extending the full width of a lot the depth of which is the least distance between the street right of way and the building set back line.

(e)Side Yard — shall mean the yard adjacent to the front yard.

(Code 2018)

4-106 Building permits; fee.

No person shall commence to erect, construct, alter, add to or increase the dimensions or rebuild or move any building, antenna dish (over one meter in diameter), and fence or concrete structure without first having secured a permit therefore from the building official of the city. The applicant for such permit shall present to the city clerk his or her written request which shall be signed by the applicant and specifying therein all work to be done and materials to be used under this permit. The city clerk shall present such application to the building official and if the work or improvement set out in such application shall not comply with the requirements of the building code and other ordinances of the city, the same shall be rejected. All construction contemplated pursuant to the building permit shall be completed within 1 year of the issuance of the permit. A fee shall be charge for each building permit; said fee shall be set by the city council at regular meeting by motion. A separate offense shall be deemed committed upon each day during which or on which a violation occurs or continues.

(Ord. 227; Ord. 263; Ord. 277; Ord. 293; Code 2018)

4-107 Hearings.

Any party to which a permit is not issued has the right to request a hearing before the city council. Said hearing shall be held at the next regular meeting of the city council.

(Code 2018)

4-108 Regulations pertaining to antenna dished.

All antenna dishes over one meter in diameter located outside a building shall meet the following requirements:

(a)Minimum set back from all property lines of lots:

(1)17 feet from center of antenna dish to back yard property line

(2)15 feet from the center of antenna dish to side yard property line.

(b)No antenna dish may be located in the front yard or a side yard should the side yard front a street.

(c)All antenna dishes shall be mounted according to manufacturer’s specifications. The owner shall provide the building official with a copy of those specifications

(d)Roof mounted antenna dishes may be no larger than 30 inches in diameter and shall not hang over the side of the building

(e)Nothing in these regulations shall prevent the owner from mounting an antenna dish on the side of his house provided that the antenna dish is no larger than 30 inches in diameter and that the owner follows manufacture’s specifications in mounting said dish.

(Ord. 227; Ord. 277; Ord. 286; Ord. 293; Code 2018)

4-109 Penalty.

Any person, firm or corporation violating any provision of this article, or doing any of the acts or things prohibited by this article, or failing or refusing to perform any duty imposed by this article shall, upon conviction thereof, be fined in any amount not to exceed $200, or be imprisoned not to exceed 30 days, or be both so fined and imprisoned. Each day during or on which the violation occurs or continues shall constitute a separate offense

(Ord. 227; Code 2018)