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Ada City Zoning Code

CHAPTER 1177

Enforcement

1177.01 ENFORCEMENT BY ZONING INSPECTOR.

   (a)   There is hereby established the office of Zoning Inspector. The Mayor shall appoint the Zoning Inspector with the approval by the Village Council. It shall be the duty of the Zoning Inspector to enforce this Ordinance in accordance with the administrative provisions of this Zoning Ordinance.
   For the purpose of the enforcing the Zoning Ordinance, the Zoning Inspector’s authority hereunder and duties include the following:
      (1)   Upon finding that any of the provisions of the Zoning Ordinance are being violated, the Zoning Inspector shall notify in writing the person responsible for such violation(s), ordering the action necessary to correct such violation.
      (2)   Order discontinuance of illegal uses of land, buildings, or structures;
      (3)   Order removal of illegal buildings or structures or illegal additions or structural alterations;
      (4)   Order discontinuance of any illegal work being done;
      (5)   Take any other action authorized by this Zoning Ordinance to insure compliance with, or to prevent violation of, its provisions. This may include the issuance of and action on zoning and certificate of occupancy permits and such similar administrative duties as are permissible under the law.
 
   (b)   All departments, officials and public employees of the Village vested with the duty or authority to issue permits and licenses shall conform to the provisions of this Zoning Ordinance. Any permit or license issued in conflict with the provisions of this Zoning Ordinance shall be null and void.
   (c)   An appeal from the decision of the Zoning Inspector may be made to the Board of Zoning and Building Appeals as provided in Chapter 1179.
(Ord. 2012-10. Passed 9-4-12.)
 

1177.02 ZONING CERTIFICATES.

   (a)   It shall be unlawful for an owner to use or permit the use of any structure, building or land or part thereof, however created, erected, changed, converted or enlarged, wholly or partly, until a zoning certificate shall have been issued by the Zoning Inspector. It shall be the duty of the Zoning Inspector to issue a certificate, provided he is satisfied that the structure, building, or premises and the proposed use thereof conforms to all the requirements of this Ordinance. The Zoning Inspector shall issue no permit for excavation, construction, or reconstruction unless the plans, specifications and the intended use conform to the provisions of this Zoning Ordinance.
   (b)   Upon written request from the owner or authorized agent, the Zoning Inspector shall issue a zoning certificate for any building or premises existing at the time of enactment of this Ordinance certifying after inspection the extent and kind of use made of the building or premises and whether such use conforms to the provisions of this Zoning Ordinance.
(Ord. 2012-10. Passed 9-4-12.)
 

1177.03 CONDITIONS UNDER WHICH CERTIFICATES ARE REQUIRED.

   A Zoning Certificate shall be required for any of the following:
   (a)   Any new construction including accessory buildings and mobile homes.
   (b)   Any constructions involving exterior structural change such as, room addition, deck patio, porch, etc.
   (c)   Any change in the use of an existing building or vacant lot, even if it is a conforming use.
   (d)   Change in the open area in the R-District, driveways, parking areas, etc.
   (e)   Demolition of a structure one thousand (1,000) square feet or more.
   (f)   Moving a structure of two hundred (200) square feet or more.
      (Ord. 2012-10. Passed 9-4-12.)
 

1177.04 APPLICATION AND ISSUANCE OF ZONING CERTIFICATES.

   The following shall apply in the application and issuance of zoning certificates.
   (a)    All zoning certificates shall be issued in the name of the titleholder (property owner). Except as otherwise set forth in this paragraph, zoning certificates shall be in effect for one (1) year from date of issuance and shall remain in effect for one (1) year after date of commencement of construction unless an extension of six (6) months is applied for and granted for good cause shown. However, zoning certificates for demolition or removal of buildings shall only be in effect for six (6) months from date of issuance unless an extension of six (6) months is applied for and granted for good cause shown.
   (b)    Written application shall be made for a zoning certificate for the construction of a new building or the alteration or removal of an existing building. Said certificate shall be issued within thirty (30) days after a written request for the same has been made to the Zoning Inspector of his agent, provided such construction or alteration is in conformity with the provisions of this Zoning Ordinance.
   (c)    Written application for a zoning certificate for the use of vacant land or for a change in the use of land or of a building or for a change in a nonconforming use, as herein provided, and shall be made to the Zoning Inspector. If the proposed use is in conformity with the provisions of this Zoning Ordinance, the certificate therefor shall be issued within thirty (30) days after the application for it has been made.
   (d)    Every application for a zoning certificate shall be accompanied by a plot plan in duplicate, and such other plans as may be necessary to show the location and type of buildings to be erected or alterations to be made. Where construction or physical improvement of the land is involved, the lot and the location of the buildings erected thereon shall be staked out on the ground before construction is started and all dimensions shown on filed plans. Where complete and accurate information is not readily available from existing records, the Zoning Inspector may require the applicant to furnish a survey of the lot by a registered surveyor.
   (e)    Failure to notify the applicant of refusal within thirty (30) days shall entitle the applicant to a zoning certificate unless the applicant consents to an extension of time. (Ord. 2014-01. Passed 3-18-13.)
 

1177.05 GENERAL PROVISIONS.

   (a)   Each plan shall show:
      (1)   A.   The street providing access to the lot and the exact location of the lot in relation to the nearest cross street.
         B.   The name of the concerned lot plan, if any, and the lot numbers of the concerned and abutting properties.
         C.   The actuarial dimensions of the lot, the yard and other open space dimensions thereof, and the location and size of any existing structure thereon.
         D.   The location and size of the proposed structure and/or the proposed enlargement of the existing structure.
         E.   Any other information which in the judgement of the Zoning Inspector may be necessary to provide for enforcement of this Zoning Ordinance.
      (2)   Each plan shall bear statements declaring:
         A.   That no part of the land involved in the application has been previously used to provide required yard space or lot area for another structure.
         B.   Which abutting land was formerly that of the owner of the land involved in the application and, if any, the approximate date of title transfer.
   (b)   Each property owner or authorized agent shall be required to attest to the correctness of the statements and data furnished with the application and shall be under a continuing duty to immediately supplement the data furnished with the application so as to conform to the attestation thereof.
 
   (c)   A file of such applications and plans shall be kept in the office of the Zoning Inspector.
   (d)   The Zoning Inspector shall not issue a zoning certificate for any application requiring site review by the Planning Commission such as:
      (1)   Mobile Home Parks (Chapter 1161).
      (2)   Planned Unit Developments (Chapter 1163).
      (3)   Extraction of Minerals (Chapter 1167).
      (4)   Motels and Motor Hotels (Chapter 1171).
   (e)   Minimum Inspections for New Constructions. The Zoning Inspector will make three (3) inspections for all new construction.
      (1)   Before Zoning Certificate is issued.
      (2)   After foundation is excavated and before the foundation is poured. It is the property owner’s (or his agent’s) responsibility to notify the Zoning Inspector that the foundation is excavated so that the inspection can be made before the foundation is poured. This inspection shall be performed within three (3) working days after such notification.
      (3)   After the structure is complete.
   (f)   Additional Inspections. Additional inspections on multi-phase construction projects, which includes but not limited to PUD and MH developments, may be performed as deemed necessary by the Zoning Inspector.
   (g)   Provisional Nature of Zoning Certificate. All zoning certificates when issued are provisional and contingent upon the property owner or authorized agent providing and maintaining accurate and complete information required on the application until approval by the Zoning Inspector after final inspection of the improvement for which the certificate was issued. Failure to provide data required on the application or failure to supplement such data shall result in the revocation of such provisional certificate and issuance by the Zoning Inspector of a “stop work” order until compliance and re-issuance of such certificate.
(Ord. 2012-10. Passed 9-4-12.)
 

1177.06 FEES.

   The following fees shall be paid at the time the application is made; all fees will be rounded to the nearest dollar. Any property owner or contractor receiving a "stop work" or "cease and desist" order shall be charged two times all fees charged for the project in violation.
   (a)    Construction, Alteration, Placement. or Removal.
      (1)    Single and multiple family dwellings, mobile homes or modular homes- $3.00 per 100 square feet, with a minimum of $50.00.
      (2)    Detached garages, decks, or outbuildings- $2.00 per hundred square feet with a minimum of $25.00.
      (3)    Industrial, commercial, retail or educational buildings, $2.50 per hundred square feet with a minimum of $100.00.
      (4)    For additions or alterations to existing buildings $2.00 per hundred square feet with a minimum of $25.00.
   (b)    Moving and Demolition of Buildings.
      (1)    Moving a structure on or across a public thoroughfare- $25.00.
      (2)    When a police escort is required a $50.00 per hour charge, minimum one hour will be paid. Mobile homes and modular homes are not considered under this section.
      (3)    Moving a structure of 200 square feet or more from one lot to another without crossing a public thoroughfare - $25.00.
      (4)    Moving temporary construction shanties- no fee.
      (5)    Demolitions of buildings of 1,000 square feet or more (including each floor) - $25.00.
   (c)    Moving and Demolition Deposit.
      (1)    In addition to a zoning certificate fee a yard grade deposit of $500.00 cash or bond will be required. This deposit pertains to demolitions of buildings of 1,000 square feet or more, including each floor. This deposit will be charged on residential, industrial, commercial, retail, educational demolitions. This deposit to be required on all permits issued under Section 1177.06(b)(1) thru (5).
      (2)    This deposit is to insure that the property and surrounding work area is left in an orderly condition and free from damage after and during the demolition. It is also to insure that streets and alleys are kept free of mud, stone and other debris. A punch list will be provided with the permit that will be used when a request for the deposit is received.
      (3)    The deposit will be returned in full if the property is left in satisfactory condition and the Village was not required to clean up after the contractor or sub-contractor. The Village Street Department will be responsible for the final deposit inspection once the property owner, contractor or subcontractor notifies them of completion of the demolition. If deductions are required, they will be charged according to the amount of time and cost of repair or clean up by the Village.
   (d)    Truck Routing. The Zoning Inspector at the time of issuing the permit will establish a truck route when applicable.
   (e)    Driveways and Curb Cuts. Anyone installing a new driveway or entrance where cutting a curb is required to obtain a permit. Curb cuts will be made in accordance with specifications on file at the Water and Sewer Office - $25.00.
   (f)    Additional Inspections, Change of Use. Fences, Propane Tanks. Signs and Miscellaneous.
      (1)    If additional inspections are required for any permits a fee of $25.00 per inspection will be charged.
      (2)    All other certificates not previously covered are $25.00.
      (3)    If a Zoning Certificate is not issued, an administrative fee of $25.00 will be retained and all over $25.00 will be refunded.
   (g)    Construction Compliance Deposit.
      (1)    In addition to a zoning certificate a compliance deposit of $1,000.00 cash or bond will be required. This deposit will be charged on all new residential, industrial, commercial, retail and educational construction.
         All permits issued under Section 1177.06(a)(1) and (3) are required to pay this deposit.
      (2)    This deposit is to insure that all construction standards are met, that the property is left neat and clean and no damage was done to Village property. A punch list will be provided with the permit that will be used when a request for the deposit refund is received.
      (3)    The deposit will be returned in full if all Village standards are complied with, there is no damage to Village property and the Village was not required to clean up after the construction. The Village Street Department will be responsible for the final deposit inspection once the property owner, contractor, or sub-contractor notifies them of completion of construction. If deductions are required, they will be charged according to the amount of time and cost of repair or clean up required by the Village. If all of the Village standards are not complied with at the expiration of the original permit period, or any extension of time given, the bond shall not be returned but shall be forfeited to the Village.
      (4)    The contractor must supply a complete sub-contractor list with Federal ID numbers. Submission must be within a reasonable time period. If the complete list is not provided, the bond will not be returned but shall be forfeited to the Village. (Ord. 2014-01. Passed 3-18-13.)
 

1177.07 VIOLATION AND PENALTIES.

   It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or land in violation of the provisions of this Ordinance or any amendment or supplement thereto adopted by the Village Council. Any person, partnership, limited liability company or corporation violating any of the provisions of this Ordinance or any amendments or supplement thereto shall be deemed guilty of a misdemeanor of the third degree and upon conviction thereof shall be fined not more than five hundred dollars ($500.00). Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintain or use continues may be deemed to be a separate offense. Any person, partnership, limited liability company or corporation subsequently violating the same provision of this Ordinance or any amendments or supplement thereto within a twelve-month period shall be deemed guilty of a misdemeanor of the first degree and upon conviction thereof shall be fined not more than one thousand dollars ($1,000.00).
(Ord. 2014-01. Passed 3-18-14.)
 

1177.08 VIOLATIONS; REMEDIES.

   (a)   If any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained, or used in violation of this Ordinance or any amendments or supplement thereto, the Village Council, Village Solicitor, the Zoning Inspector or any adjacent or neighboring property owner who would be specially damaged by such violation may, institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure of land, to prevent any illegal act, conduct business or use in or about such premises.
   (b)   Additionally, if the Zoning Inspector finds that any erection, construction, reconstruction, enlargement, change, use or occupancy of any building, structure, or land is being done or has been done contrary to this Zoning Ordinance, the Zoning Inspector shall immediately issue a “Stop Work” order if the work is under construction, and/or an order to “Cease and Desist” the use or occupancy of all or any part of a building, structure, or lands which were built, constructed or used or are being used in violation of the provisions of this Ordinance. Such orders shall remain in effect until property owner or contractor has obtained all required permits and has paid the required fees. Removal of a “stop work” or “cease and desist” order, except by order of the Zoning Inspector, shall constitute a punishable violation of this Ordinance.
(Ord. 2012-10. Passed 9-4-12.)
 

1177.09 PROCEDURE FOR ENFORCEMENT.

   (a)   The Village Zoning Inspector shall be authorized to prepare and issue citations and summons for violations of the Zoning Ordinance of the village, which shall be sworn to before a notary.
   (b)   Once the citation is issued, the Ada Village Police shall serve both summons and citations upon the alleged violator.
   (c)   All citations shall include the date of the violation, the section of the Zoning Ordinance believed to be violated, and a short concise statement of facts of how the ordinance was violated.
   (d)   All citations shall thereafter proceed as any other citation in accordance with Chapter 171 of the Ada Codified Ordinances before either Mayor’s Court or the Hardin County Municipal Court.
(Ord. 2012-10. Passed 9-4-12.)
 

1177.10 REVOCATION OF CONDITIONAL USE PERMIT.

   Any conditional use permit granted by Board of Zoning Appeals may be revoked or suspended by a majority vote if Council whenever the operation endangers, offends, or interferes with the safety or rights of others so as to constitute a nuisance.
(Ord. 2012-10. Passed 9-4-12.)