- ADMINISTRATION AND ENFORCEMENT
15.1.
Zoning administrator. It shall be the duty of the duly appointed zoning administrator, who shall hereby be given due authority to administer and enforce the provisions of this ordinance.
15.2.
Administration and enforcement. Should the zoning administrator find that any of the provisions of this ordinance are being violated, he/she shall notify in writing the individual(s) responsible for such violations, indicate the specific nature of the violation, and order the action necessary to correct it. The zoning administrator shall order discontinuance of any illegal work being done or shall take any other action authorized by this ordinance to ensure compliance with its provisions.
15.3.
Building permit and certificate of zoning compliance. No building or structure shall be erected, moved, added to, or structurally altered without a building permit to be issued by the building official, and a certificate of zoning compliance to be issued by the zoning administrator. The building permit and certificate of zoning compliance may be combined into one permit for simplicity. No building permit nor certificate of zoning compliance shall be issued except in conformity with the provisions of this ordinance, unless a variance is granted as provided for by this ordinance.
15.4.
Application for certificate of zoning compliance. All applications for certificate of zoning compliance shall be accompanied by site plans in quadruplicate, drawn to scale (residential additions need not be 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 required by zoning administrator, including but not limited to; existing or proposed buildings, or alterations, existing and proposed uses of buildings and land, the number of dwelling units, rental units, existing conditions on the lot, and any other information, data, or material as deemed necessary to determine conformance with this ordinance.
One copy of the plan shall be returned to the applicant by the zoning administrator, with demarcation of approval or disapproval and shall be attested to the same by the signature of the zoning administrator. Two copies of the plans, similarly marked, shall be retained by the zoning administrator, and one copy shall be retained by the planning director.
15.5.
Expiration of building permit and certificate of zoning compliance. If work authorized by a building permit and certificate of zoning compliance has not begun within 12 months from the date of issuance, said permit and certificate shall expire. Written notice shall be provided to the individual(s) affected.
15.6.
Sign permit. Uses permitted by this ordinance are allowed to advertise by using one or more signs as specified by the regulations found in Article 12, Signage.
15.7.
Certificate of occupancy. A certificate of occupancy is required for any new, existing, or altered use. It shall be unlawful to use, occupy, or permit the use of any building or premises, or both, or parts thereof, which are created, erected, changed, converted, or wholly or partly altered or enlarged in use or structure until a certificate of occupancy is issues by the zoning administrator, stating that the proposed use of the building or land conforms to the requirements of all applicable ordinances.
The zoning administrator shall maintain a record of all certificates of occupancy, and a copy shall be furnished upon request to any person.
Failure to obtain a certificate of occupancy shall be a violation of the ordinance, and punishable under section 15.11 of this ordinance.
15.8.
Conditional and temporary uses. Conditional uses, as set forth in this article, are declared to possess characteristics which require certain controls in order to ensure compatibility with other uses in the district within which they are proposed to be located. Conditional uses shall be permitted, subject to a determination by the zoning administrator or Zoning Board of Appeals, as specified, that the use conforms to all regulations set forth herein in this article, with particular reference to those requirements established for those districts in which they are proposed to be located.
The zoning administrator is authorized to issue a temporary certificate of zoning compliance for temporary uses such as:
(A)
Carnivals or circuses, for a period not to exceed 20 days, subject to the approval of the city council.
(B)
Religious meetings in a tent or other temporary structure in the NC, GC, LI, and HI districts, for a period not to exceed 30 days.
(C)
Open-lot sales of Christmas trees, fireworks, pumpkins, or similar seasonal or agricultural products in the NC, GC, LI, and HI districts for a period not to exceed 45 days.
Temporary certificates of zoning compliance may be renewed (for not more than ten days), provided that it is determined that said use is clearly of a temporary nature, will cause no significant traffic/parking congestion, and will not create a nuisance to surrounding uses.
After the conditional and temporary use permit expires the applicant cannot obtain another permit for 60 days within the City of Anderson.
The following items may not be considered temporary uses:
•
Art sales.
•
Vehicle sales.
•
Clothing sales.
•
Mobile vendors. (See Mobile Vendor Ordinance 06-17.)
15.9.1.
Nonconforming uses. Any use or structure lawfully in existence and operation at the time of adoption of this ordinance that does not conform with all requirements of the ordinance shall be permitted to remain in use. However, such use or structure shall be brought into compliance with all requirements of this ordinance if such use or structure is altered or enlarged, or if damaged to an extent that repair would cost greater than 50 percent of the replacement cost of said use, or discontinued for a period in excess of four months. Nothing in this provision is intended to prohibit routine maintenance and upkeep of any building and grounds. For specific regulations concerning nonconforming uses, see section 14.8.
15.10.
Complaints. Whenever a violation of this ordinance occurs or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the zoning administrator, who shall record properly such complaint, investigate within a reasonable period of time, and take action thereon as provided by this ordinance. The zoning administrator may delegate enforcement action to an authorized employee or agent of the City of Anderson.
15.11.
Penalties for violation. Any individual(s) found violating any provisions of this ordinance shall be charged with a misdemeanor violation, and upon conviction shall be punishable by law. Each day the individual(s) [is/]are found to be in violation of a provision of this ordinance shall constitute a new offense.
Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation, including, but not limited to, the seeking of injunctive relief through a court of law.
15.12.
Appeals. It is the intention of this ordinance that all questions arising in connection with the enforcement of the ordinance be presented first to the zoning administrator, and that such questions be presented to the zoning board of appeals only on appeal from the decision of the zoning administrator.
(Ord. No. 07-07, § 1, 6-25-2007)
- ADMINISTRATION AND ENFORCEMENT
15.1.
Zoning administrator. It shall be the duty of the duly appointed zoning administrator, who shall hereby be given due authority to administer and enforce the provisions of this ordinance.
15.2.
Administration and enforcement. Should the zoning administrator find that any of the provisions of this ordinance are being violated, he/she shall notify in writing the individual(s) responsible for such violations, indicate the specific nature of the violation, and order the action necessary to correct it. The zoning administrator shall order discontinuance of any illegal work being done or shall take any other action authorized by this ordinance to ensure compliance with its provisions.
15.3.
Building permit and certificate of zoning compliance. No building or structure shall be erected, moved, added to, or structurally altered without a building permit to be issued by the building official, and a certificate of zoning compliance to be issued by the zoning administrator. The building permit and certificate of zoning compliance may be combined into one permit for simplicity. No building permit nor certificate of zoning compliance shall be issued except in conformity with the provisions of this ordinance, unless a variance is granted as provided for by this ordinance.
15.4.
Application for certificate of zoning compliance. All applications for certificate of zoning compliance shall be accompanied by site plans in quadruplicate, drawn to scale (residential additions need not be 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 required by zoning administrator, including but not limited to; existing or proposed buildings, or alterations, existing and proposed uses of buildings and land, the number of dwelling units, rental units, existing conditions on the lot, and any other information, data, or material as deemed necessary to determine conformance with this ordinance.
One copy of the plan shall be returned to the applicant by the zoning administrator, with demarcation of approval or disapproval and shall be attested to the same by the signature of the zoning administrator. Two copies of the plans, similarly marked, shall be retained by the zoning administrator, and one copy shall be retained by the planning director.
15.5.
Expiration of building permit and certificate of zoning compliance. If work authorized by a building permit and certificate of zoning compliance has not begun within 12 months from the date of issuance, said permit and certificate shall expire. Written notice shall be provided to the individual(s) affected.
15.6.
Sign permit. Uses permitted by this ordinance are allowed to advertise by using one or more signs as specified by the regulations found in Article 12, Signage.
15.7.
Certificate of occupancy. A certificate of occupancy is required for any new, existing, or altered use. It shall be unlawful to use, occupy, or permit the use of any building or premises, or both, or parts thereof, which are created, erected, changed, converted, or wholly or partly altered or enlarged in use or structure until a certificate of occupancy is issues by the zoning administrator, stating that the proposed use of the building or land conforms to the requirements of all applicable ordinances.
The zoning administrator shall maintain a record of all certificates of occupancy, and a copy shall be furnished upon request to any person.
Failure to obtain a certificate of occupancy shall be a violation of the ordinance, and punishable under section 15.11 of this ordinance.
15.8.
Conditional and temporary uses. Conditional uses, as set forth in this article, are declared to possess characteristics which require certain controls in order to ensure compatibility with other uses in the district within which they are proposed to be located. Conditional uses shall be permitted, subject to a determination by the zoning administrator or Zoning Board of Appeals, as specified, that the use conforms to all regulations set forth herein in this article, with particular reference to those requirements established for those districts in which they are proposed to be located.
The zoning administrator is authorized to issue a temporary certificate of zoning compliance for temporary uses such as:
(A)
Carnivals or circuses, for a period not to exceed 20 days, subject to the approval of the city council.
(B)
Religious meetings in a tent or other temporary structure in the NC, GC, LI, and HI districts, for a period not to exceed 30 days.
(C)
Open-lot sales of Christmas trees, fireworks, pumpkins, or similar seasonal or agricultural products in the NC, GC, LI, and HI districts for a period not to exceed 45 days.
Temporary certificates of zoning compliance may be renewed (for not more than ten days), provided that it is determined that said use is clearly of a temporary nature, will cause no significant traffic/parking congestion, and will not create a nuisance to surrounding uses.
After the conditional and temporary use permit expires the applicant cannot obtain another permit for 60 days within the City of Anderson.
The following items may not be considered temporary uses:
•
Art sales.
•
Vehicle sales.
•
Clothing sales.
•
Mobile vendors. (See Mobile Vendor Ordinance 06-17.)
15.9.1.
Nonconforming uses. Any use or structure lawfully in existence and operation at the time of adoption of this ordinance that does not conform with all requirements of the ordinance shall be permitted to remain in use. However, such use or structure shall be brought into compliance with all requirements of this ordinance if such use or structure is altered or enlarged, or if damaged to an extent that repair would cost greater than 50 percent of the replacement cost of said use, or discontinued for a period in excess of four months. Nothing in this provision is intended to prohibit routine maintenance and upkeep of any building and grounds. For specific regulations concerning nonconforming uses, see section 14.8.
15.10.
Complaints. Whenever a violation of this ordinance occurs or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the zoning administrator, who shall record properly such complaint, investigate within a reasonable period of time, and take action thereon as provided by this ordinance. The zoning administrator may delegate enforcement action to an authorized employee or agent of the City of Anderson.
15.11.
Penalties for violation. Any individual(s) found violating any provisions of this ordinance shall be charged with a misdemeanor violation, and upon conviction shall be punishable by law. Each day the individual(s) [is/]are found to be in violation of a provision of this ordinance shall constitute a new offense.
Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation, including, but not limited to, the seeking of injunctive relief through a court of law.
15.12.
Appeals. It is the intention of this ordinance that all questions arising in connection with the enforcement of the ordinance be presented first to the zoning administrator, and that such questions be presented to the zoning board of appeals only on appeal from the decision of the zoning administrator.
(Ord. No. 07-07, § 1, 6-25-2007)