1105.02  ESTABLISHMENT OF CONTROL; FEES.
   (a)   Administration - General.  In addition to Council's administrative powers as it relates to this Planning and Zoning Code, this Planning and Zoning Code shall be administered by:
      (1)   The Zoning Administrator;
      (2)   The Board of Zoning Appeals;
      (3)   Preservation Commission; and,
      (4)   The Planning Commission.
   (b)   Zoning Administrator.  This Planning and Zoning Code shall be administered and enforced by the Zoning Administrator who shall be subject to provisions of the City's Administrative Code establishing his or her powers and duties. 
   
   (c)     Public Hearing Fee Schedule.
      (1)   Forms and fees.  Applications and petitions filed pursuant to the provisions of this Planning and Zoning Code shall be filed on the forms provided by the Zoning Administrator, with any necessary exhibits or documents, and shall be accompanied by the filing fees herein specified, which shall be paid to the City and no part of which shall be returnable to the petitioner, applicant, or appellant.
      (2)   Fee payments.  Until all applicable fees have been paid in full, no action shall be taken on any application or petition.
      (3)   Fee schedule for new developments or renovating, not including residential developments.  The table below shall reflect the City's fee schedule:
 
PETITION, APPLICATION, PERMIT OR APPEAL
FILING FEE FOR NEW DEVELOPMENTS OR RENOVATIONS, NOT INCLUDING NEW RESIDENTIAL DEVELOPMENTS
Certificate of Zoning                  $ 25.00
Certificate of Completion                $ 25.00
Amendment/rezoning                  $125.00
Variance                         $125.00
Conditional use                  $125.00
Administrative appeal                  $ 50.00
Board of Zoning Appeals hearing                    $125.00
Approval of an outline development plan          $125.00
Approval of the preliminary plan for development plan   $125.00
Approval of final plan for development plan         $125.00
Approval of any changes in or amendments to
   changes in preliminary plan            $125.00
Fence permit                      $  25.00
Shed or garage permit (under 200' sq. ft. detached)   $  25.00
Pool permit                     $  25.00
Minor subdivision exception review            $  25.00
Letter of zoning                  $  25.00
Application for Preservation Commission             $ 25.00
Satellite antenna/microwave receiving antenna
   or microwave relay equipment permit          $125.00
      (4)   Fee schedule for new residential developments.  The table below shall reflect the City's fee schedule:
PETITION, APPLICATION, PERMIT OR APPEAL FILING FEE FOR NEW RESIDENTIAL DEVELOPMENT ONLY
 
Amendment/rezoning
$125.00
Variance
$125.00
Conditional use
$125.00
Administrative appeal
$50.00
Fence permit
$25.00
Shed or garage permit (under 200' sq. ft. detached)
$25.00
Pool permit
$25.00
Satellite antenna/microwave receiving antenna
   or microwave relay equipment permit
$125.00
      (5)     Subdivision fee schedule.
         A.   The fee for making a reproducible file copy of the plat and recording the approved subdivision plat with the County Recorder shall be $12.00 per page, plus applicable recording fees or as otherwise established by the Henry County Recorder, whichever is greater.
         B.   (See Section 1105.06)
   (d)   Plat Recording.
      (1)   No plat or replat of a subdivision of land located within the City shall be recorded by the County Recorder, until it has been approved by the Council in accordance with the regulations of this Planning and Zoning Code.
      (2)   Construction of streets, sewers, water lines, or other public utilities shall not be permitted until the procedures set forth in Section 1105.08 have been accomplished.
      (3)    Building permits shall not be issued nor shall any construction work be started until the subdivision has been finally approved by the Council and the plat has been recorded in the office of the County Recorder.
   (e)     Certificate of Zoning.
      (1)   Certificate required.  No land shall be occupied or used, and no building hereafter erected, reconstructed, or structurally altered shall be occupied or used, in whole or in part, for any purpose whatsoever, until a certificate of zoning has been issued by the Zoning Administrator, stating that the use is in compliance with all provisions of this Planning and Zoning Code.
      (2)   Change in use.  No change shall be made in the use of land or the use of any building or part thereof now or hereafter erected, reconstructed, or structurally altered without a certificate of zoning having been issued by the Zoning Administrator. Certificate for change in a use shall not be issued unless the premises is in conformity with the provisions of this Planning and Zoning Code.
      (3)   Applied for coincidentally.  A certificate of zoning shall be applied for coincidentally with the application for a building permit and shall be issued after notification by the applicant thereof that the lawful erection, reconstruction, or structural alteration of such building or other improvement of the land has been completed, and an inspection of the premises has been made and approved by the Zoning Administrator.
      (4)   Record of certificates.  A record of all certificates of zoning and occupancy shall be kept on file in the office of the Zoning Administrator and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected.
      (5)   Excavation.  No building permit shall be issued for excavation or for the erection, reconstruction, or structural alteration of any building before application has been made for a certificate of zoning.
         (Ord. 021-18.  Passed 5-21-18.)
   (f)   Violations.
      (1)       No person shall recklessly violate any provision of this Planning and Zoning Code or any condition or restriction contained in a conditional use permit.
      (2)     No person shall construct, reconstruct, alter, change, or demolish any exterior feature of any building or structure in violation of the provisions of Chapter 1138, or do things in violation of, or contrary to, any certificate of appropriateness granted by the Preservation Commission.
      (3)   Complaints.  Whenever a violation of this Planning and Zoning Code occurs, or is alleged to have occurred, any person may file a written complaint.  Such complaint, stating fully the causes and basis thereof, shall be filed with the Zoning Administrator.  The Zoning Administrator shall properly record such complaint and immediately investigate.  If facts elicited by such investigation are sufficient to establish a reasonable belief that a violation has occurred on the part of the party investigated, then the Zoning Administrator shall file with the City Law Director a complaint against such person requesting action thereon.
      (4)   Nuisances.  Any buildings erected, raised, or converted, or land or premises used in violation of any provision of this Planning and Zoning Code, is declared to be a nuisance, and the owner thereof shall be liable for maintaining a nuisance, which may be restrained or enjoined or abated by appropriate action or proceeding.
      (5)   Remedies. In addition to any penalty found in Section 1147.99, the Council, Zoning Administrator, or agent thereof, or other aggrieved person may, to the extent permitted by law, institute an action for an injunction, mandamus, or other legal proceeding to prevent a violation of this Planning and Zoning Code, and to abate any illegal condition, or to cause the removal of any illegal changes or alterations by appropriate legal means.
   The Zoning Administrator may institute a suit for mandatory injunction directing a person to remove a structure erected in violation of the provisions of this Planning and Zoning Code, or to make the same comply with its terms.  If said suit filed on behalf of the City is successful, the respondent shall, to the extent not otherwise prohibited by law,  bear the costs of the action, including reasonable attorney fees.
   Nothing herein shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation; moreover, nothing herein shall be construed as to prohibit the Zoning Administrator to enforce this Planning and Zoning Code without a written complaint from a third person. 
(Ord. 074-10.  Passed 12-20-10.)