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Brookhaven City Zoning Code

ARTICLE VII

ADMINISTRATION AND ENFORCEMENT OF ZONING ORDINANCE

Sec. 700.- Administration and enforcement.

700.01.

The building inspector, as designated by the governing body of the City of Brookhaven, shall administer and enforce this ordinance. He may be provided with the assistance of such other persons as the board may direct.

700.02.

If the building inspector finds that any of the provisions of this ordinance are being violated, he 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 building inspector shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal building or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions.

Sec. 701. - Zoning permits.

701.01.

No building or other structure shall be erected, moved, added to, or structurally altered without a permit issued by the building inspector.

701.02.

No zoning permit shall be issued by the building inspector except in conformity with the provisions of this ordinance, unless he received a written order from the Board of Adjustment in the form of an administrative review, special exception, or variance, as provided by this ordinance.

Sec. 702. - Application for zoning permit.

702.01.

All applications for zoning permits shall be accompanied by plans in triplicate 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.

702.02.

The application shall include such other information as lawfully may be required by the building inspector 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 to provide for the enforcement of this ordinance.

702.03.

One copy of the plans shall be returned to the applicant by the building inspector after he has marked such copy either as approved or disapproved and attested to same by his signature on such copy. The original and one copy of the plans, similarly marked, shall be retained by the building inspector.

Sec. 703. - Certificates of zoning compliance for new, altered, or nonconforming uses.

703.01.

It shall be unlawful to use, 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 zoning compliance has been issued by the building inspector stating that the proposed use of the building or land conforms to the requirements of this ordinance.

703.02.

No nonconforming structure or use shall be maintained, renewed, changed, or extended until a certificate of zoning compliance has been issued by the building inspector. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of this ordinance.

703.03.

Within 90 days after the effective date of adoption or amendment of this zoning ordinance, the building inspector shall issue to all nonconforming structures or uses a certificate of zoning compliance, which shall state specifically wherein the nonconforming use differs from the provisions of this ordinance.

703.04.

No permit for erection, alteration, moving, or repair of any building shall be issued until an application has been made for a certificate of zoning compliance, and the certificate shall be issued in conformity with the provisions of this ordinance upon completion of the work.

703.05.

A temporary certificate of zoning compliance may be issued by the building inspector for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards that will protect the safety of the occupants and the public.

703.06.

The building inspector shall maintain a record of all certificates of zoning compliance, and a copy shall be furnished upon request to any person.

Sec. 704. - Expiration of zoning permit.

704.01.

If the work described in any zoning permit has not begun within 90 days or been completed within 1 year from the date of issuance thereof, said permit shall expire. It shall be cancelled by the building inspector and written notice thereof 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.

Sec. 705. - Required conformance.

705.01.

Zoning permits or certificates of zoning compliance issued on the basis of plans and applications approved by the building inspector authorize only the use, arrangement, and construction set forth in such approved plans and applications and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this ordinance and punishable as provided by this ordinance.