Calhoun City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 153.020 ZONING ADMINISTRATION.
(A) The provisions of this chapter shall be enforced by the Chairperson of the Planning Commission or his or her designee.
(B) The Chairperson of the Planning Commission or his or her designee shall keep accurate records in a permanent file for the issuance of building permits, certificates of occupancy, inspections, violations, stop orders and condemnations. If the Chairperson of the Planning Commission or his or her designee Find any provision of this chapter being violated, the person or persons responsible for such violation shall be notified by the Chairperson of Planning Commission or his or her designee through registered mail. Said notification shall order the discontinuation of any illegal use of land, buildings and/or structures.
(C) In the event of this issuance of a discontinuation order, the Chairperson of the Planning Commission or his or her designee shall be required to inform the county’s Joint Planning Commission of his or her action. Said information shall be in writing, and shall be issued to the Planning Commission on or before each meeting.
(D) Any permit or certificate of occupancy issued in conflict with the provisions of this chapter shall be null and void.
(Ord. 20.920-1, passed 3- -2020)
§ 153.021 BUILDING PERMITS.
(A) Building permit required prior to construction or alteration. It shall be unlawful to commence the excavation for, or the construction of any building, or to commence the building of any building, including accessory buildings before the Zoning Administrator has issued a permit for such work.
(B) Fees applicable to issuance of building permits. Unless otherwise set by this chapter, the fees to be charged for building permits shall be set by the county’s Planning Commission.
(C) Exceptions. No building permit or certificate of occupancy shall be required in the following cases:
(1) Recurring maintenance;
(2) Installation of required improvements in accordance with an approved plan; and
(D) Procedure.
(1) Applications. In applying to the Chairperson of the Planning Commission or his or her designee for a building permit, the applicant shall submit a plan along with the application. This plan must be drawn to scale, showing the dimensions of the lot to be built upon, the outside dimensions of all structures to be constructed or altered and all existing structures. The use of structures and the proposed yard depths should be detailed, and any other information pertinent to the assessment of conformance should be Included. The County Health Officer’s certificate approving the water and sewage facilities must accompany the application.
(2) Issuance of permit.
(a) If the proposed construction or alteration conforms to all applicable ordinances, regulations and codes, the Chairperson of the Planning Commission or his or her designee shall issue a building permit authorizing construction or alteration.
(b) If the proposed construction or alteration fails to conform, the Chairperson of the Planning Commission or his or her designee shall refuse to issue a building permit, and shall cause delivery of written notice to the applicant stating the reason for refusal. The Chairperson of the Planning Commission or his or her designee shall act upon all applications for building permits within two weeks from the date of their submission.
(3) Restraint of construction without permit. If no building permit has been issued, and a builder begins, or continues to build, a restraining order may be obtained upon application to the appropriate court, and evidence of the lack of a building permit shall establish a prima facie case for the issuance of the restraining order.
(4) Validity. The issuance of a building permit shall not waive any provisions of this chapter.
(5) Duration. A building permit shall become void one year from the date of issuance unless substantial progress has been made by that date on the construction or alteration authorized therein.
(E) Certificate of occupancy. No land or building or part thereof hereafter erected or altered shall be used until the Chairperson of the Planning Commission shall have issued a certificate of occupancy stating that such land, building or part thereof and the proposed use thereof, are found to be in conformity with the provisions of this chapter. Within three days after notification that a building or premises, or part thereof, is ready for occupancy or use, it shall be the duty of the Chairperson the Planning Commission or his or her designee to make a final inspection thereof and to issue a certificate of occupancy if the land, building, or part thereof are found to conform with the provisions of this chapter; or if such certification is refused, to state in writing the cause for such refusal, and to immediately thereon mall notice of such refusal to the applicant at the address indicated on the application.
(F) Board of Adjustment. There shall exist a Board of Adjustment with the duties and responsibilities of such boards as set forth in KRS 100.217-261, as amended.
(Ord. 20.920-1, passed 3- -2020)
§ 153.022 GRIEVANCE PROCEDURE.
Appeals from the decisions of the Planning Commission and/or the Board of Adjustment may be taken to the Circuit Court of the county within 30 days after final action of the bodies in accordance with KRS 100.347, as amended.
(Ord. 20.920-1, passed 3- -2020)
§ 153.023 AMENDMENTS.
(A) All regulations restrictions and boundaries provided for in this chapter may be amended or repealed, but only in accordance with the following procedures.
(B) A written request for amendment shall be presented to the Planning Commission for its study and recommendation. Any property owner or resident of the county or county officer, department, board or bureau, including the Planning Commission or a member thereof may request such amendment.
(1) Within 90 days after receipt of a request for amendment, the Planning Commission shall hold a public hearing at which parties in interest and citizens shall have an opportunity to be heard. Notice shall be given as required by law, stating the time, place and purpose of the hearing,
(2) Within 60 days after the hearing the Planning Commission shall forward a written recommendation to the county’s Fiscal Court that the proposed amendment be adopted, rejected or modified. If the Planning Commission fails to make a recommendation within the allotted time, such failure shall be construed as a favorable recommendation.
(3) Upon receipt of the Planning Commission recommendation, the Fiscal Court shall adopt, reject or modify the proposed amendment in accordance with its usual procedures. In case the project is against either of the area of the lots included in the proposed change, or of those immediately adjacent in the rear thereof extending 150 feet therefrom, or of those directly opposite thereto extending 150 feet from the street frontage of the opposite lots, an amendment shall become effective only by the favorable vote of three-fourths of all the members of the Fiscal Court.
(4) If, in accordance with the provisions of this chapter and KRS Ch. 100, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be made on the official zoning map promptly after the amendment has been approved by the Fiscal Court and an entry shall be made on the official zoning map as follows:
ON , 2020, BY OFFICIAL ACTION OF THE MCLEAN COUNTY FISCAL COURT, THE FOLLOWING CHANGES WERE MADE IN THE OFFICIAL ZONING MAP: (DESCRIPTION OF CHANGES) |
(C) A proposal for amendment of the zoning map of the county shall include a metes and sounds description of the property to be rezoned along with a plat on the same scale as the “Zoning Map of McLean County, Kentucky” located in the office of the county’s Judge Executive.
(D) Before any map amendment is granted, the Planning Commission and the Fiscal Court must find that the map amendment is in agreement with the community’s Comprehensive Plan, or in the absence of such a finding, that one or more of the following apply, and such finding shall be recorded in the minutes and records of the Planning Commission and the county’s Fiscal Court:
(1) The original zoning classification given to the property was inappropriate or improper; and
(2) There have been major changes of an economic, physical or social nature within the area involved which were not anticipated in the community’s Comprehensive Plan and which have substantially altered the basic character of such neighborhood.
(Ord. 20.920-1, passed 3- -2020)