a. Administration and Enforcement. A Building Commissioner and a Zoning Administrator, both of which shall be designated by the Town Council of the Town, shall administer and enforce this ordinance. Each may be provided with the assistance of such other person as the Council may direct.
If the administrative officials shall find that any of the provisions of this ordinance are being violated, they either shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. Either shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions.
b. Building Permits Required. No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefor, issued by the Building Commissioner. No building permit shall be issued by the Building Commissioner except in conformity with the provisions of this ordinance, unless he receives written order from the Board of Zoning Appeals in the form of an administrative review, special exception, or variance as provided by this ordinance.
c. Application for Building Permit. No permit for erection, alteration, moving, or repair of any structure or installation of any parking facility, shall be issued until an application has been made for a Certificate of Zoning Compliance and the issuance of a Temporary Certificate of Zoning Compliance as hereinafter set forth. No building permit except those issued for parking facilities, residential accessory buildings and for additions to existing residential single family structures, swimming pools, fences, and signs shall be issued except on a subdivided lot. All applications for building permits shall be accompanied by a Temporary Certificate of Zoning Compliance, plans in triplicate drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building, alteration, or addition. The application shall include such other information as lawfully may be required by the Building Commissioner, including existing or proposed building, alteration, or addition, existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this ordinance.
One (1) copy of the plans shall be returned to the applicant by the Building Commissioner, after he or she shall have marked such copy either approved or disapproved and attested to same by his or her signature on such copy. The original of the plans, similarly marked, shall be retained by the Building Commissioner.
d. Certificates of Zoning Compliance for New, Altered, or Non-Conforming Uses. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a Certificate of Zoning Compliance shall have been issued therefor by the Zoning Administrator stating that the proposed use of the building or land conforms to the requirements of this ordinance. Prior to the issuance of a Certificate of Zoning Compliance, the Zoning Administrator, through the office of the Building Commissioner, shall ensure compliance with the Sewer Use Ordinance of the Town of Dyer. The Clerk- Treasurer of the Town of Dyer is prohibited from issuing an Occupancy Permit, or authorizing the use of or connection to the Town's water utility or sewer utility without the submission of a temporary or final Certificate of Zoning Compliance.
A Final Certificate of Zoning Compliance shall be issued in conformity with the provisions of this ordinance only upon completion of the work.
A Temporary Certificate of Zoning Compliance may be issued by the Zoning Administrator for a period not exceed twelve (12) months during construction, alteration, or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and public.
The Clerk-Treasurer shall maintain a record of all Certificates of Zoning Compliance, and a copy shall be furnished upon request to any person.
Failure to obtain a Certificate of Zoning Compliance shall be a violation of this ordinance and punishable under Section 10-142.
e. Expiration of Improvement Location Permit. If the work described in any improvement location permit has not begun within ninety (90) days from the date of issuance thereof, said permit shall expire and it shall be canceled by the Building Commissioner/Building Inspector. Written notice thereof shall be given to the persons affected, including the Town Clerk-Treasurer.
If the work described in any improvement location permit with a construction value of less than six hundred thousand dollars ($600,000.00), as approved by the Building Commissioner/Building Inspector, has not been substantially completed within one (1) year of the date of issuance thereof, said permit shall expire and be canceled by the Building Commissioner/Building Inspector, and written notice thereof shall be given to the persons affected, including the Town Clerk-Treasurer, together with notice to the permit holder that further work as described in the expired/canceled permit shall not proceed unless a new improvement location permit has been obtained. The cost of the new improvement location permit shall be predicated upon the cost to complete the work described in the new improvement location permit application in the same manner as the original improvement location permit cost was determined.
In the event that the work described in an improvement location permit exceeds six hundred thousand dollars ($600,000.00) of construction cost, as approved by the Building Commissioner/Building Inspector, said improvement location permit shall be valid for a period of two (2) years from the date of issuance. The date of issuance shall be defined as the date on which the improvement location permit becomes available for pick- up at the Clerk-Treasurer’s Office in the Dyer Town Hall.
f. Construction and Use to be as Provided in Applications, Plans, Permits, and Certificates of Zoning Compliance. Building permits or Certificates of Zoning Compliance issued on the basis of plans and applications approved by the Building Commissioner and Zoning Administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this ordinance, and punishable as provided by Section 10-142
hereof.
(Ord. No. 2007-33, 12-27-07)