166.01 Administrative Official | 166.11 Planning and Zoning Commission |
166.02 Duties of Administrative Official and Agencies | 166.12 Right of Appeal; Fee |
166.03 Building Permit Required | 166.13 Hearings; Notice |
166.04 Application for Building Permit | 166.14 Administrative Review |
166.05 Certificates of Zoning Compliance for New, | 166.15 Special Exceptions |
Altered, or Nonconforming Uses | 166.16 Variances |
166.06 Expiration of Building Permit | 166.17 Decisions of Board |
166.07 Compliance with Authorized Construction and Use | 166.18 City Council Remand |
166.08 Complaints Regarding Violations | 166.19 Appeals From Decision of Board |
166.09 Enforcement | 166.20 Rezoning and Text Amendments |
166.10 Board of Adjustment Created | |
An administrative official designated by the City Council shall administer and enforce these zoning regulations. The administrative official may be provided with the assistance of such other persons as the City Council may direct. If the administrative official shall find that any of the provisions of these zoning regulations are being violated, the official shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The administrative official shall order discontinuance of any illegal use of land, buildings, or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by these zoning regulations to ensure compliance with or to prevent violation of its provisions.
1. Administrative Official and Board of Adjustment. It is the intent of these zoning regulations that all questions of interpretation and enforcement shall be first presented to the administrative official, and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the administrative official, and that recourse from the decisions of the Board of Adjustment shall be to the courts as provided by law and particularly by statute.
2. City Council. It is further the intent of these zoning regulations that the duties of the City Council in connection with these zoning regulations shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and these zoning regulations. Under these zoning regulations, the City Council shall have only the duties of: (i) considering and adopting or rejecting proposed amendments or the repeal of these zoning regulations, as provided by law; and (ii) considering applications for special permits for exceptions to prohibited uses as specified in Section 165.19 of these zoning regulations.
No building or other structure shall be erected, moved, added to, or structurally altered without a permit issued by the administrative official. No work on such building or structure shall be done until a permit shall have been issued. No building permit shall be issued except in conformity with the provisions of these zoning regulations, except after written order from the Board of Adjustment. Fees shall be established by resolution of the City Council.
All applications for building permits shall be accompanied by plans in duplicate or by electronic copy, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the administrative official, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for, the enforcement of these zoning regulations. The administrative official shall have 14 days, excluding legal holidays, in which to accept or reject an application for building permits after the same has been submitted in proper form.
1. It is unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, or converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the administrative official stating that the proposed use of the building or land conforms to the requirements of these zoning regulations.
2. No nonconforming structure or use shall be maintained, renewed, changed, or extended until a certificate of zoning compliance shall have been issued by the administrative official. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of these zoning regulations; provided, upon enactment or amendment of these zoning regulations, owners or occupants of nonconforming uses or structures shall have one year to apply for certificates of zoning compliance. Failure to make such application within one year shall be presumptive evidence that the property was in conforming use at the time of enactment or amendment of these zoning regulations.
3. Certificates of zoning compliance shall be applied for coincidentally with the application for a building permit, and shall be issued within 10 days after the lawful erection or alteration of the building is completed in conformity with the provisions of these zoning regulations.
4. A temporary certificate of zoning compliance may be issued by the administrative official for a period not exceeding six months during alterations or partial occupancy of a building pending its completion; provided, such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public.
5. The administrative official shall maintain a record of all certificates of zoning compliance, and copies shall be furnished upon request to any person.
6. Failure to obtain a certificate of zoning compliance shall be a violation of these zoning regulations.
7. Fees for certificates shall be established by resolution of the City Council.
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