A. The Purpose And Intent: The purpose of this title is to establish regulations and procedures for the processing and consideration of zoning applications.
B. Land Use Authority: The Planning Commission is designated as the Land Use Authority for the approval of zoning applications including site plans and conditional use permits.
C. Interpretation: In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare. The Planning Commission is designated as the Land Use Authority to interpret this title.
D. Fees For Processing Applications:
1. Fees for processing applications shall be established by the Plain City consolidated fee schedule.
2. Applications that have been deemed complete and have not been pursued with reasonable diligence before the appropriate board shall expire after six (6) months. The applicant will have to submit a new application and fees to restart the process.
E. Notice Of Decision: After hearing the evidence and considering the application, the approving authority (Planning Commission), shall make its findings and have them entered in the minutes. Upon a decision by the approving authority, a notice of decision shall be mailed to the applicant at the address or e-mail address given in the application. A notice of decision can be a written notice or a copy of the approved minutes. A decision by the approving authority is final at the time the notice of decision is issued. If a notice of decision is not sent, the decision shall be final on the date the minutes from the meeting are approved by the approving authority. The City Recorder shall also mail notice of any decisions to any person or agency who, in writing, requested such notification before the decision was rendered. Decisions are subject to requirements and conditions stated in the staff report and listed in the meeting minutes.
F. Hearing And Publication Notice For The Planning Commission And City Council: At least ten (10) days' notice of the time and place of which shall be given of any public hearing before the Planning Commission as per State Code. (Ord. 2017-08, 7-20-2017, eff. 7-20-2017)
G. Chief Building Official; Authority: The chief building official is hereby charged with the administration and enforcement of the provisions of this title.
H. Permit; Certificate Of Occupancy; Reason For Denial: The chief building official shall not grant a permit for the construction or alteration of any building or structure, nor issue any certificate of occupancy for a change in the use of land, if such construction or alteration or change would be in violation or would involve a violation of any of the provisions of this title, or any other ordinance of the City or of any law of the State.
I. Enforcement: The chief building official shall enforce all of the provisions of this title. He shall inspect or cause to be inspected all of the buildings in course of construction, alteration or repair, and any change in the use of land. If, in the course of such inspection, or otherwise, it shall come to his attention that any such construction, alteration or repair, or that any use or contemplated use of land is in violation of the provisions of this title, he shall issue his written order to the person responsible therefor, ordering and directing such person to cease and desist such construction, alteration, repair or use. He shall report violations of this title to the City's Legal Department for prosecution and make complaint thereof before the court or courts having jurisdiction of such violation. Upon the recommendation of the City Council, the Legal Department shall bring a civil action for the abatement of any nuisance existing in violation of this title.
J. Assistance With Investigation: The chief building official may call for the assistance of law enforcement personnel whenever in his opinion such assistance is necessary in the investigation of a suspected violation of this title.
K. Rules And Regulations Established: The chief building official may establish reasonable rules and regulations necessary or desirable in the administration of this title. Three (3) copies of such rules and regulations shall be filed with the City Recorder and such rules and regulations shall become effective when so filed.
L. Fees Prescribed By City Council: The City Council may, by resolution, prescribe an exact payment of reasonable fees to cover the expense of examining plans, issuing building permits, inspecting uses and issuing certificates of occupancy, and may determine the method of collecting such fees. (Ord., 11-14-1974; amd. Ord. 2017-08, 7-20-2017, eff. 7-20-2017)