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Big Lake City Zoning Code

§ 3

ZONING ADMINISTRATION.

A. 
ADMINISTRATION
The City Administrator is hereby designated by the City Council as the Zoning Administrator to supervise the administration and enforcement of these regulations. The City administrator may appoint an assistant to help him or her with the general administration and enforcement duties required for the implementation of this zoning ordinance.
It is the intent of this ordinance that the duties of the Zoning Administrator shall include:
1. 
Review all zoning requests for amendments, appeals, specific uses, and variances.
2. 
See that property owners within two hundred feet (200') of any property are notified by mail where a change is requested in zoning regulations, or district boundaries. Such notice shall be given, not less than ten (10) days before the day set for hearing on the change.
3. 
Prepare copies of zoning material for public hearings to the Planning and Zoning Commission, Zoning Board of Adjustment, and City Council and serve as their support staff in zoning matters.
4. 
Present zoning application and specific use permit request to the Planning and Zoning Commission and City Council during public hearings.
5. 
Keep the Zoning District Map updated as district boundaries and specific uses and overlay zones are approved by the City Council.
6. 
Notify in writing action taken by the City Council to the appropriate property owner or owners to their zoning request.
7. 
If the Zoning Administrator or his or her designated administrative official finds that any of the provisions of this ordinance are being violated, the Zoning Administrator or his or her designated administrative official shall notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The Zoning Administrator or his or her designated administrative official shall order the discontinuance of any illegal use of land, buildings or structures, the removal of any illegal buildings or structures or of any illegal additions, alterations or structural changes, the discontinuance of any illegal work being performed; or shall take any other action authorized by this ordinance to insure compliance with or to prevent violation of these provisions.
B. 
INTERPRETATION AND APPEALS
It is the intent of this ordinance that all questions of interpretation and enforcement shall be first presented to the Zoning Administrator or his or her designated representative, and that such questions shall be presented to the Zoning Board of Adjustment only on appeal from the decision of the Zoning Administrator or other administrative official, and that recourse from the decisions of the Board of Adjustment shall be to the courts as provided by law.
C. 
CITY COUNCIL DUTIES
The City Council shall consider and adopt or reject proposed amendments to this ordinance or of its repeal. In addition, the City Council shall establish a schedule of fees and charges as stated in Subsection D here below.
D. 
FEES
The City Council shall, by ordinance or resolution, establish a schedule of fees and charges for the permits, certificates of occupancy, zoning change requests, zoning board of adjustment appeals and other matters pertaining to this ordinance. The schedule of fees and charges may be altered or amended only by action of the city council. Until all applicable fees and charges have been paid in full, no action shall be taken on any zoning application or appeal.
E. 
BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY
1. 
Zoning Conformance Required Prior to Issuance of Building Permits
No building permit shall be issued by the City of Big Lake for any structure unless the structure conforms with the provisions of this ordinance.
A building permit shall be required from the Building Inspector for the erection, alteration, or enlargement of any building or a moved building onto a lot within the City. The applicant must file with the Building Inspector’s Office a plan, drawn to scale, and in such form as prescribed by the said Building Inspector, correctly showing the location and actual dimensions of the lot to be occupied, the dimensions and location on the lot of the building to be erected, altered, enlarged or moved in, together with a true statement in writing, signed by the applicant, showing the use for which such building is arranged, intended or designed, and furnishing such other information as the Building Inspector may require in the enforcement of the provisions of this Ordinance, and any failure to comply with the provisions of the Ordinance shall be good cause for the revocation of any such building permit by the Building Inspector. A record of such applications and plans shall be kept in the office of the Building Inspector.
All outstanding permits shall be valid for a maximum period of ninety (90) days after adoption of this Ordinance. All building permits issued after the adoption of this Ordinance shall be valid for a period of ninety (90) days.
2. 
Certificate of Occupancy Required for New, Altered, or Changed Use
A certificate of occupancy shall be required for any building which is hereafter erected, changed, converted or altered in its use or structure. The certificate of occupancy shall not be issued unless the building or land conforms to all applicable codes and the requirements of this ordinance. Application for this certificate of occupancy shall be made at the same time as the application for a required building permit. The certificate of occupancy shall be issued within ten (10) days after the erection or structured [structural] alterations of such buildings shall have been completed in conformity with the provisions of these regulations.
Use or occupancy, or allowing the use or occupancy, of such a building without having obtained a certificate of occupancy as required herein shall be deemed a violation of this ordinance and that be punishable by fine.
3. 
Certificate of Occupancy Required to Change, Alter, Enlarge, or Modify a Nonconforming Building or Use
Should the owner or occupant of a nonconforming building or use desire to change, alter, enlarge, or otherwise modify the nonconforming building or use, he or she shall be required to: (1) file an affidavit with the city stating that such building or land occupied by the nonconforming building or use was, to the best of the owner or occupant’s knowledge, in lawful use and lawfully existing as of the date of adoption of this ordinance. Said affidavit shall include a statement providing the basis for the person’s knowledge of the statement made; and (2) submit an application to the city for a new certificate of occupancy. Upon proper application and satisfaction that the nonconforming building or use was in existence as of the date of adoption of this ordinance, the city may issue a certificate of occupancy for the lawful nonconforming building or use in accordance with the rules and requirements for such issuance. Any person denied a certificate of occupancy under these provisions shall have the right to appeal the decision to the board of adjustment.
Use or occupancy or allowing the use or occupancy of such a building without having obtained a certificate of occupancy as required herein shall be deemed a violation of this ordinance and shall be punishable by fine.
4. 
Temporary Certificates of Occupancy
A temporary certificate of occupancy may be issued by the city for a period not exceeding three (3) months during alterations or partial occupancy of a building pending its completion, provided that said temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.
5. 
City to Maintain Record of Certificates of Occupancy
The City shall maintain a public record of all certificates of occupancy.
6. 
Construction and Use to be as Provided in Applications, Plans, Permits and Certificates of Occupancy
Building permits and/or certificates of occupancy issued on the basis of plans and applications approved by the City of Big Lake authorize only that specific use, structural arrangement, or construction as set forth in such approved plans and applications. Any other use, arrangement, or construction shall be deemed a violation of this ordinance and shall be punishable by fine.
7. 
Building Permits and Certificates of Occupancy Issued in Error Are Avoidable [Voidable]
Whenever a building permit or certificate of occupancy has been granted in error by an administrative official of the City of Big Lake, the permit or certificate may be voided by the city council. Prior to such action by the city council, the affected party shall be given an opportunity in a hearing before the city council to show why such permit or certificate should not be voided. Notice of such hearing shall be served upon the affected party at least ten (10) days prior to such hearing by personal service or by mailing such notice by certified mail, prepaid, return receipt requested, to his or her address as it appeared in the application filed for the building permit or certificate of occupancy. The city council shall give due consideration to the arguments of the affected party in determining whether to void the building permit or certificate of occupancy and shall render its decision after hearing and considering all such arguments.
(Ordinance 050517-1 adopted 5/17/05)