Loading...
Appeals to the Building and Zoning Appeals Board concerning interpretation or administration of this Part may be taken by any person aggrieved or by any officer or bureau of the legislative authority of the City affected by any decision of the Zoning Inspector. The appeal shall be taken within thirty days after the decision by filing, with the Zoning Inspector and with the Board, a notice of appeal specifying the grounds upon which the appeal is being taken. The Zoning Inspector shall transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Inspector from whom the appeal is taken certifies to the Building and Zoning Appeals Board after the notice of appeal is filed with him, that by reason of facts stated in the application, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board or by a court of record on application, on notice to the Zoning Inspector from whom the appeal is taken on due cause shown.
No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a permit issued by the Zoning Inspector. Zoning permits shall be issued only in conformity with the provisions of this Part unless the Zoning Inspector receives a written order from the Building and Zoning Appeals Board deciding an appeal or variance, or from the Planning Commission approving a conditional use or from Council approving a planned unit development district, as provided by this Part.
The application for a zoning permit shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the permit shall expire and may be revoked if work has not begun within one year or is not more than 50% complete within two and one-half years. At a minimum, the application shall contain the following information:
(a) Name, address and phone number of applicant;
(b) Legal description of property;
(c) Existing use;
(d) Proposed use;
(e) Zoning district;
(f) Plans in duplicate drawn to scale, showing the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any; and the location and dimensions of the proposed building(s) or alteration;
(g) Building heights;
(h) Number of off-street parking spaces or loading berths;
(i) Number of dwelling units;
(j) Such other matters as may be necessary to determine conformance with, and provide for the enforcement of this Part.
Within thirty days after the receipt of an application, the Zoning Inspector shall either approve or disapprove the application in conformance with the provisions of this Part. All zoning permits shall, however, be conditional upon the commencement of work within one year. One copy of the plans shall be returned to the applicant by the Zoning Inspector, after he marks such copy either as approved or disapproved and attests to same by his signature on the copy. One copy of plans, similarly marked, shall be retained by the Zoning Inspector. The Zoning Inspector shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the use or alteration is in conformance with the provisions of this Part.
Before any zoning permit is issued affecting any land within 300 feet of the centerline of a proposed new highway for which changes are proposed as described in the certification to local officials by the Director of Transportation OF any land within a radius of 500 feet from the point of intersection of such centerline with any public road or highway, the Zoning Inspector shall give notice, by registered mail, to the Director that he shall not issue a zoning permit for 120 days from the date the notice is received by the Director. If the Director notifies the Zoning Inspector that he shall proceed to acquire the land needed, then the Zoning Inspector shall refuse to issue the zoning permit. If the Director notifies the Zoning Inspector that acquisition at this time is not in the public interest or upon the expiration of the 120-day period or any extension agreed upon by the Director and the property owner, the Zoning Inspector shall, if the application is in conformance with all provisions of this Part, issue the zoning permit.
If the work described in any zoning permit has not begun within one year from the date of issuance thereof, the permit shall expire and written notice shall be given to the persons affected. If the work described in any zoning permit is not more than 50% completed within two and one-half years of the date of issuance, the permit shall expire and written notice shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new zoning permit has been obtained or extension granted.
No person shall use or 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 occupancy is issued by the Zoning Inspector stating that the proposed use of the building or land conforms to the requirements of this Part.
Loading...