(a) Enforcement by Zoning Inspector. The Zoning Inspector, or his designated representative, shall enforce this Zoning Ordinance in accordance with the administrative provisions of the City Building Code and this chapter. All departments, officials and public employees of the City, vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this chapter and shall issue no permit or license for any use, building or purpose in conflict with the provisions of this chapter. Any permit or license, issued in conflict
with the provisions of this chapter shall be null and void.
(b) Filing Plans. Every application for a zoning certificate shall be accompanied by plans in duplicate, drawn to scale in black line or blue print, showing the actual shape and dimensions of the lot to be built upon or to be changed in its use, in whole or in part; the exact location, size and height of any building or structure to be erected or altered; in the case of a proposed new building or structure as would substantially alter its appearance, drawings or sketches showing the front, side and rear elevations of the proposed building or structure, or of
the structure as it will appear after the work for which a permit is sought is completed; the existing and intended use of each building or structure or part thereof; the number of families or housekeeping units the building is designed to accommodate; and when no buildings are involved, the location of the present use and proposed use to be made of the lot; and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter . One copy of such plans shall be returned to the owner when the plans are approved by the Zoning Inspector, together with such zoning certificate as may be granted. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on actual survey. The lot and the location of the building thereon shall be staked out on the ground before construction is started. In any case where the lot is not provided and is not proposed to be provided with a public water supply and/or the disposal of sanitary wastes by means of public sewers, the application shall be accompanied by a certificate of approval by the Health Officer of the proposed method of water supply and/or disposal of sanitary wastes.
(c) Zoning Certificate. No owner shall use or permit the use of any structure, building or land or part thereof, hereafter created, erected, changed, converted or enlarged in whole or in part, until a zoning certificate, which may be a part of the building permit, is issued by the Zoning Inspector. Such zoning certificate shall show that such building or premises or part thereof, and the proposed use thereof, are in conformity with the provisions of this chapter. The Zoning Inspector shall issue a zoning certificate, provided he is satisfied that the structure, building or premises and the proposed use thereof and the proposed methods of water supply and disposal of sanitary wastes, conform with all applicable requirements of this chapter.
(d) Certificate of Occupancy. A certificate of occupancy, either for the whole or a part of a building shall be applied for coincident with the application for a building permit and shall be issued within ten days after the erection or structural alteration of such building or part is completed in conformity with the provisions of this chapter. A record of all such certificates shall be kept on file in the office of the City Manager and a copy shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.
(e) Zoning Inspector to Act Within Thirty Days. The Zoning Inspector shall act upon all such applications on which he is authorized to act by the provisions of this chapter within thirty days after they are filed in full compliance with all the applicable requirements. He shall either issue a zoning certificate within the thirty days or shall notify the applicant in writing of his refusal of such certificate and the reasons therefor. Failure to notify the applicant in case of such refusals within the thirty days shall entitle the applicant to a zoning certificate, unless the applicant consents to an extension of time.
(f) Fees. A fee shall be charged for an original zoning certificate applied for before the application for a building permit, where such permit is required and issued under the Building Code. For all other zoning certificates, there shall be a fee and the charge therefor, as referenced in Section 1321.13
of the Building Code.
(g) Violation; Penalty. No person, firm or corporation shall locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or land in violation of any of the provisions of this chapter, or any amendment or supplement thereto adopted by Council. Any person, firm or corporation violating any of the provisions of this chapter or any amendment or supplement thereto, for which no other penalty is provided, shall be fined not less than ten dollars ($10.00) nor more than two hundred dollars ($200.00). Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues shall be deemed a separate offense.
(h) Violation; Remedy. In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used or any land is or is proposed to be used in violation of this chapter or any amendment or supplement thereto, Council, the Law Director, the Zoning Inspector or any adjacent or neighboring property owner, may in addition to other remedies provided by law, institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
(Ord. 2012-32. Passed 7-24-12.)