(A)   For purposes of administering and enforcing this chapter, the position of “Zoning Administrator” is hereby established for the town; the “Zoning Administrator” to be appointed by and responsible to the Town Council. Further, the person designated as “Zoning Administrator” is hereby assigned the duty and authority to enforce the provisions of this chapter.

   (B)   If the Zoning Administrator shall find that any of the provisions of this chapter are being violated, he or she shall notify, in writing, the person responsible for the violations, indicating the nature of the violation and ordering the action necessary to correct it. He or she shall order discontinuances of illegal use of land, buildings or structures; removal of illegal buildings 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 chapter to ensure compliance with or to prevent violation of its provisions.

(Ord. 97-04, passed 12-19-1996)

   No building, sign or other structure shall be erected, moved, added to, or structurally altered without a permit therefor, issued by the Zoning Administrator. No building or sign zoning permit shall be issued by the Zoning Administrator, except in conformity with the provisions of this chapter. No building permit issued under the provisions of this chapter for land use or construction in the county shall be considered valid unless signed by the Zoning Administrator, as duly designated in § 151.160.

(Ord. 97-04, passed 12-19-1996)

   (A)   All applications for building and zoning permits shall be accompanied by plans in duplicate 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 other information as lawfully may be required by the Zoning Administrator, 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 other matters as may be necessary to determine conformance with; and provide for the enforcement of this chapter.

   (B)   All plats of land within designated special flood hazard zones shall have the elevation of the land based upon mean sea level noted thereon or in the case of older approved plats, a statement from a surveyor or engineer correctly identifying the property and attesting to the elevation. The statement shall bear the surveyor’s or engineer’s seal.

   (C)   One copy of the plans shall be returned to the applicant by the Zoning Administrator after he or she shall have marked the copy either as approved or disapproved and attested to same by his or her signature on the copy. The original copy of the plans, similarly marked, shall be retained by the Zoning Administrator.

(Ord. 97-04, passed 12-19-1996)

   (A)   It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or parts thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the Zoning Administrator stating that the proposed use of the building or land conforms to the requirements of this chapter.

   (B)   No nonconforming structure or use shall be maintained, renewed, changed or extended until a certificate of occupancy shall state specifically wherein the nonconforming use differs from the provisions of this chapter; provided that, upon enactment or amendment of this chapter, owners or occupants of nonconforming uses or structures shall have three months to apply for certificates of occupancy. Failure to make the application within three months shall be presumptive evidence that the property was not in conformance at the time of enactment or amendment of this chapter.

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

   (D)   A temporary certificate of occupancy may be issued by the Zoning Administrator for a period not exceeding six months during alterations or partial occupancy of a building pending its completion; provided that, the temporary certificate may include conditions and safeguards as will protect the safety of the occupants and the public.

   (E)   No certificate of occupancy issued under the provisions of this chapter shall be considered valid unless signed by the Zoning Administrator, as duly designated herein.

   (F)   The Zoning Administrator shall maintain a record of all certificates of occupancy and a copy shall be furnished upon request to any person.

   (G)   Failure to obtain a certificate of occupancy shall be a violation of this chapter and punishable under § 151.999.

(Ord. 97-04, passed 12-19-1996) Penalty, see § 151.999

   Conditional uses, as set forth in §§ 151.050 through 151.062, and temporary uses, as set forth below, 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 for location.

   (A)   General requirements. Conditional uses shall be permitted subject to a determination by the Zoning Administrator that they conform to all regulations set forth herein and elsewhere in this chapter, with particular reference to those requirements established for those districts in which they are proposed for location.

   (B)   Conditional use administration and duration. Applications for permission to build, erect or locate a conditional use shall be submitted and processed in accordance with the regulations set forth in this subchapter, prior to the issuance of any permits.

   (C)   Temporary uses. The Zoning Administrator is authorized to issue a temporary certificate of zoning compliance for temporary uses, as follows:

      (1)   Real estate sales office, in any district except CP, for a period not to exceed one year; provided, no cooking or sleeping accommodations are maintained in the structure;

      (2)   Contractor’s office and equipment sheds, in any district, except CP, for a period of one year; provided that, the office be placed on the property to which it is appurtenant; and

      (3)   All temporary certificates of zoning compliance may be renewed; provided that, it is determined that the use is clearly of a temporary nature, will cause no traffic congestion and would not create a nuisance to surrounding areas.

(Ord. 97-04, passed 12-19-1996)

   If the work described in any building permit has not begun within six months from the date of issuance thereof, the permit shall expire, it shall be canceled by the Zoning Administrator and written notice thereof shall be given the persons affected.

(Ord. 97-04, passed 12-19-1996)

   Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. The complaint stating fully the causes and basis thereof shall be filed with the Zoning Administrator. He or she shall record properly the complaint, immediately investigate and take whatever action is necessary to assure compliance with this chapter.

(Ord. 97-04, passed 12-19-1996)

   In any case any building or structure is proposed to be or is erected, constructed, reconstructed, altered, maintained or used; or any land is proposed to be or is used in violation of this chapter, the Zoning Administrator, the Town Council, the County Attorney or any other person aggrieved may, in addition to other remedies provided by law, institute injunction, mandamus or any other appropriate action or proceeding to prevent, enjoin, abate or remove the unlawful erection, construction, reconstruction, alteration, maintenance or use.

(Ord. 97-04, passed 12-19-1996)

   It is the intention of this chapter that all questions arising in connection with the enforcement of this chapter shall be presented first to the Zoning Administrator and that the questions shall be presented to the Zoning Board of Appeals only on appeal from the decision of the Zoning Administrator, as provided for in §§ 151.180 through 151.185.

(Ord. 97-04, passed 12-19-1996)