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ADMINISTRATION AND ENFORCEMENT
(A) A Zoning Administrator shall be appointed by the Mayor, subject to the approval of a majority of all members of the governing body, to administer and enforce this chapter. The Zoning Administrator may also serve in some other capacity as an employee or appointed officer of the town. The Zoning Administrator shall administer the provisions of this chapter and shall have all administrative powers in connection therewith which are not specifically assigned to some other officer or body. The Zoning Administrator shall have no power to vary or waive ordinance requirements.
(B) The Zoning Administrator has the authority to enter all buildings and premises for the purpose of inspection, provided, however, that no dwelling may be entered without the consent of the occupant or owner without a warrant based upon probable cause in accordance with law issued by the Magistrate Judge setting out with specificity the place to be searched and condition suspected to be a violation of this chapter. The Zoning Administrator may institute any appropriate action or proceeding to prevent, restrain, correct, or abate a violation of this chapter.
(C) (1) The Zoning Administrator shall review all building permit applications required by the town municipal code. The Zoning Administrator shall determine if the proposed construction is in compliance with all provisions of the municipal code, or if it requires a variance, zone change or conditional use permit.
(2) No building permit shall be issued for a building or structure which is not in compliance with the municipal code. If a variance, zone change, or conditional use permit is necessary, the Zoning Administrator shall notify the applicant that he or she may request such change at the next scheduled meeting of the Planning and Zoning Commission, subject to proper publishing procedures.
(D) Whenever, in the course of administration and enforcement of this chapter, it is necessary or desirable to make any administrative decision, then, unless other standards are provided in this chapter, the decision shall be made so that the result will not be contrary to the spirit and purpose of this chapter or injurious to the surrounding neighborhood.
(E) The Zoning Administrator shall maintain an office to supply the public with any information concerning this chapter and shall maintain the official zone map in an updated form. A zoning action file shall be established and maintained and shall contain accounts and related records of the following:
(1) Conditional use permits.
(2) Variances.
(3) Application for zone changes and amendments.
(4) Certificates of nonconformances.
(5) Zoning appeal.
(6) Building permits.
(7) Violations.
(Ord. 558, passed 12-8-1986) Penalty, see § 154.99
(A) The Planning and Zoning Commission may grant a variance from the strict application of area, height, dimension, distance, setback off-street parking and off-street loading requirements of this chapter owing to conditions peculiar to the property and not the result of actions of the applicant where the strict application of the requirements of this chapter would result in unnecessary or undue hardship that would deprive the owner of the reasonable use of land or building, so long as such variance is not contrary to the public interest.
(B) A request for a variance shall be submitted to the Planning and Zoning Commission through the Zoning Administrator on prescribed application forms. The Planning and Zoning Commission shall approve or disapprove the variance request at 1 of its regular meetings, or at a special hearing if necessary. Public notice shall be given in a newspaper of general circulation in the area at least 15 days prior to the date of the meeting. The City Clerk shall cause a copy of the variance application to be sent by registered mail return receipt requested to the owners of property within 100 feet excluding public right-of-way of the property for which the variance is sought and that such mailing was made not less than 15 days prior to the date of hearing before the Planning and Zoning Commission at which the variance application is considered.
(C) The Planning and Zoning Commission may attach any conditions to the grant of a variance in order to assure that the requested variance:
(1) Will cause no significant hazard, annoyance or inconvenience to the owners or occupants of nearby property;
(2) Will not significantly change the character of the neighborhood or reduce the value of nearby property;
(3) Will not impose any significant cost burden upon the town; and
(4) Will be in harmony with the general purpose and intent of this chapter.
(Ord. 558, passed 12-8-1986)
(A) Applications for an amendment to the map or text of the ordinance may be made by any landowner or his or her agent or by the town or any official or body thereof.
(B) Amendments to the map or text of this chapter shall be initiated by application to the Zoning Administrator on prescribed forms. Each application for an amendment to the zone map shall be accompanied by an accurate site plan, building plan, sketch, evidence of interest in property, or other related information as required by the Planning and Zoning Commission or the governing body. Submission of inaccurate information with an application is grounds for denial.
(C) Request for all zone changes shall first be examined by the Planning and Zoning Commission in order to determine if they are spot zoning as defined by this chapter. Any zone change requests determined by the Planning and Zoning Commission to be spot zoning shall not be given a positive recommendation to the governing body unless it is demonstrated that the public welfare be served.
(D) The Planning and Zoning Commission shall hold a public hearing to evaluate proposed zone changes or amendments to this chapter and shall submit its recommendation in writing to the governing body. Notice of the public hearing shall be given in a newspaper of general circulation in the area at least 15 days prior to the meeting.
(E) Applicants requesting a zone change shall post a copy of the prescribed form on the property at the applicant’s expense. Posting shall be in the form of a sign at least 3 feet high and large enough to receive the form. The sign shall be placed in such a location that it can readily be viewed.
(F) If the Planning and Zoning Commission fails to make written recommendation to the governing body following any application for a zone change or amendment to this chapter within 45 days after receipt thereof, then the governing body shall act upon the application without such recommendation by the Planning and Zoning Commission.
(G) The governing body shall conduct a public hearing at which all parties in interest and citizens shall have an opportunity to be heard. Notification of the time and place of the public hearing shall be published in a newspaper of general circulation in the area at least 15 days prior to the hearing. The notice of public hearing published 15 days before the Planning and Zoning Commission meeting shall be considered sufficient notice if it has included the time and place of the public hearing to be held by the governing body. Whenever a change in zoning is proposed, notice of the public hearing shall be mailed by certified mail, return receipt requested, to the owners of land within the area proposed to be changed by a zoning regulation and within 100 feet, excluding public right-of-way, of the area proposed to be changed by zoning regulation.
(Ord. 558, passed 12-8-1986)
(A) Any person aggrieved by an interpretation, decision or action of the Zoning Administrator in administering this chapter may appeal such interpretation, decision, or action to the Planning and Zoning Commission.
(B) An appeal shall be initiated by application to the City Clerk on prescribed forms within 30 days of the contested determination made by the Zoning Administrator.
(C) A decision on an appeal shall be made by the Planning and Zoning Commission following a public hearing. Public notice of an appeal hearing shall be given in the same manner as prescribed for a zone change in this chapter. The City Clerk shall give written notice of an appeal, together with a notice of the date, time and place of hearing to the applicant, each member of the Planning and Zoning Commission, and a representative of the opponents, if any. An appeal shall be decided within 60 days of the date of its filing.
(D) Should the Planning and Zoning Commission uphold the Zoning Administrator, the applicant may appeal such decision to the governing body within 30 days of the determination of the Planning and Zoning Commission. Also, direct decisions by the Commission may be appealed in the same manner.
(E) An appeal shall be initiated as prescribed in division (B) of this section and notice of hearing shall be given as prescribed in division (C) of this section.
(F) Should the governing body uphold the determination made by the Planning and Zoning Commission, the applicant may appeal such decision to the District Court as prescribed by state law.
(Ord. 558, passed 12-8-1986) Penalty, see § 154.99
Conditional use, variance, zone changes, special use, amendments, and appeals shall not be considered until there is first paid a fee as required below, except that such fee shall not be required where the town or an official or body thereof is the moving party. The required fee shall be $25 for any appeal or application plus the actual cost of required postage and publication associated with the appeal or application. Each applicant shall post a $100 cost deposit with their application or notice of appeal from which expenses shall be deducted. The balance of such cost deposit shall be refunded to the applicant or appellant as soon as practicable after receipt of the bills for postage and publication.
(Ord. 558, passed 12-8-1986)
The provisions of this chapter are held to be minimum requirements to carry out the purpose of this chapter and are not intended to interfere with, abrogate, or annul any easement, covenant, or other valid ordinance. Where this chapter imposes a greater restriction than is required by existing regulations, easements, covenants, agreements, or ordinances, the provisions of this chapter shall control. Regardless of any other provision of this chapter, no land shall be used and no structure erected or maintained in violation of any state or federal pollution control or environmental protection law or regulation.
(Ord. 558, passed 12-8-1986) Penalty, see § 154.99
Applicant(s) or their agent(s) submitting a conditional use, variance, zone change, zone text amendment, or appeal request shall appear in person at any meeting or hearing scheduled to consider the respective application(s). If applicant(s) or their agent(s) do not appear in person at the respective meeting, the application will be denied and any fees paid will be forfeited to the town.
(Ord. 558, passed 12-8-1986)
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