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Enforcement and administration of these regulations shall be as follows.
(a) It shall be the duty of the county planning director, herein referred to as the director, to enforce these regulations.
(b) The director or an authorized representative shall be charged with the following:
(1) Receive applications required by these regulations;
(2) Issue permits;
(3) Make necessary inspections to assure compliance; and
(4) Issue notices or orders as may be necessary to assure compliance.
(c) An application for a zoning permit shall be submitted in a form as the director may prescribe. The application shall be made by the owner or lessee, or agent of either, or the architect, engineer or builder employed in connection with the proposed work. If the application is made by a person other than the owner in fee, when required by the director, it shall be accompanied by a duly verified affidavit of the owner in fee, or the person making the application that the proposed work is authorized by the owner in fee and that the person making the application is authorized to make the application. Such shall contain the full names and addresses of the applicant and of the owner, and if the owner is a corporate body, of its responsible officers. The application shall describe briefly the proposed work and shall give additional information as may be required by the director for an intelligent understanding of the proposed work.
(1992 Code, App. F, § 23.03) (Ord. 10-06, passed 1-23-2006)
Site plans shall be reviewed for the following.
(a) Each application for a zoning permit shall be accompanied by a site plan in accordance with § 158.372 showing the actual dimensions of the lot to be built upon, the size, shape and location of the building to be erected, and other information as may be necessary to provide for the enforcement of these regulations. A record of applications and site plans shall be kept in the office of the director.
(b) Nothing in these regulations shall prohibit the filing of amendments to an application or to a plan or other record accompanying same, at any time before the completion of the work for which the permit was sought. The amendments, after approval, shall be filed with and be deemed a part of the original application.
(c) The director or authorized representative shall examine applications for zoning permits within a reasonable time after filing. If, after examination, it appears that the proposed work will be in compliance with all applicable laws, the application shall be approved and a permit issued as soon as practicable. If the examination reveals otherwise, the application shall be rejected, with the findings attached to the application, and a copy delivered to the applicant.
(d) Nothing in these regulations shall be construed to prevent the director or authorized representative from issuing a zoning permit for the construction of footings before the entire plans and detailed statements of the building or structure have been submitted or approved, if adequate plans and detailed statements have been presented for the same and have been found to comply with the requirements.
(e) (1) All work performed under a permit issued by the director or authorized representative shall conform to the approved application and plans, and approved amendments thereof. The location of all new construction as shown on the approved site plan, or an approved amendment thereof, shall be strictly adhered to; and
(2) It shall be unlawful to reduce or diminish the area of a lot or tract of which a site plan has been filed and has been used as the basis for a permit, unless a revised site plan showing the proposed change in conditions shall have been filed and approved, provided that this shall not apply when the lot is reduced by reason of a street opening or widening or other public improvement.
(f) Every permit issued by the director under the provisions of these regulations shall have his or her signature affixed thereto; but this shall not prevent him or her from authorizing a subordinate to affix his or her signature.
(g) A permit under which no work is commenced within one year after issuance shall expire by limitation.
(h) The director may revoke a permit or approval issued under the provisions of these regulations in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.
(1992 Code, App. F, § 23.04) (Ord. 10-06, passed 1-23-2006) Penalty, see § 158.999
Violations shall be treated in the manner specified below.
(a) The owner or agent of a building or premises in or upon which a violation of any provision of these regulations has been committed or shall exist; or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist, or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which a violation shall exist, shall be guilty of a misdemeanor.
(b) In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of these regulations, the appropriate authorities of Lincoln County, in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceeding to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate the violation, or to prevent the occupancy of the building, structure or land.
(1992 Code, App. F, § 23.05) (Ord. 10-06, passed 1-23-2006) Penalty, see § 158.999
The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions, greater floods can and will occur, and floor heights may be increased by human-made or natural causes. These regulations do not imply that land outside the flood zone or uses permitted within the areas will be free from flooding or flood damages. These regulations shall not create liability on the part of Lincoln County or the city or on any officer or employee thereof for any flood damages that result from reliance on these regulations or any administrative decision lawfully made thereunder.
(1992 Code, App. F, § 23.06) (Ord. 10-06, passed 1-23-2006)
(a) In interpreting and applying the provisions of these regulations, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not the intent to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where these regulations and other regulations, easement, covenant or deed restriction conflict or overlap whichever imposes the more stringent restrictions shall prevail. All other regulations inconsistent with these regulations are hereby repealed to the extent of this inconsistency only.
(b) If any section, clause, provision or portion of these regulations is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of these regulations shall not be affected thereby.
(1992 Code, App. F, § 23.07) (Ord. 10-06, passed 1-23-2006)
These regulations shall in no manner affect pending actions either civil or criminal, founded on or growing out of any regulations hereby repealed. These regulations shall in no manner affect rights or causes of action, either civil or criminal, not in suit that may have already accrued or grown out of any regulations repealed.
(1992 Code, App. F, § 23.08) (Ord. 10-06, passed 1-23-2006)
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