The Zoning Administrator is hereby authorized and directed to administer and enforce the provisions of this Code. This broad responsibility encompasses, but is not limited to, the following specific duties:

(A)

To review and pass upon applications for initial and final certificates of zoning compliance;

(B)

To inspect lots, structures, and uses to determine compliance with this Code and where there are violations, to initiate appropriate corrective action;

(C)

To review and forward to the Zoning Board of Appeals all appeals and applications for variances, special use permits and amendments;

(D)

To maintain up-to-date records of matters related to this Code, including, but not limited to, district maps, certificates of zoning compliance, special use permits, variances, interpretative recommendations and decisions of the Zoning Board of Appeals, amendments and all applications/documents related to any of these items;

(E)

To republish the zoning district map not later than March 31 if any rezonings or annexations have been approved during the preceding calendar year;

(F)

To provide information to the general public on matters related to this Code; and

(G)

To perform such other duties as the City Council may prescribe from time to time; and

(H)

To file monthly reports with the Mayor and City Council.

Upon the effective date of this Code, no land shall be developed, no new use or structure shall be established or erected, and no existing use or structure shall be enlarged, extended, altered, relocated, or reconstructed until an initial Certificate of Zoning Compliance has been issued. The Administrator shall not issue an initial Certificate of Zoning Compliance unless he determines that the proposed activity conforms to the applicable provisions of this Code.

Every applicant for an initial certificate of zoning compliance shall submit to the Administrator, in graphic and/or narrative form, all the items of information listed below that are applicable to the particular project. The Administrator shall decide which items are applicable. (NOTE: Filing fee required.)

ITEMS OF INFORMATION:

(A)

Name and address of the applicant;

(B)

Name and address of the owner or operator of the proposed lot, structure or use, if different from paragraph (A);

(C)

Brief, general description/explanation of the proposal;

(D)

Location of the proposed lot, use or structure, and its relationship to adjacent lots, uses or structures;

(E)

Area and dimensions of the site for the proposed structure or use;

(F)

Existing topography of the site, and proposed finished grade;

(G)

Existing and proposed screening, landscaping, and erosion control features on the site, including the parking area;

(H)

Height and setbacks of the proposed structure;

(I)

Number and size of proposed dwelling units, if any;

(J)

Location and number of proposed parking/loading spaces and access ways;

(K)

Identification and location of all existing or proposed utilities, whether public or private; and/or

(L)

Any other pertinent information that the Administrator may require.

Initial certificates of zoning compliance shall be valid for one (1) year, or until revoked for failure to abide by a corrective action order. The Administrator may renew initial certificates of zoning compliance for successive one-year periods upon written request, provided the applicant is making a good faith effort to complete the authorized work (see Section 6-1-6 of this Code).

Upon the effective date of this Code, no building permit for the erection, enlargement, extension, alteration or reconstruction of any structure shall be issued until the applicant for such permit has properly obtained an initial certificate of zoning compliance pertaining to such work.

No lot or part thereof recorded or developed after the effective date of this Code, and no structure or use, or part thereof, that has been erected, enlarged, altered, relocated or reconstructed after the effective date of this Code shall be used, occupied, or put into operation until a final certificate of zoning compliance has been issued. The Administrator shall not issue a final certificate of zoning compliance until it has been determined, by inspection, that the work authorized by the initial certificate of zoning compliance has been completed in accordance with approved plans. Failure to obtain a final certificate of zoning compliance shall constitute a separate violation of this Code.

Whenever the Zoning Administrator finds, by inspection or otherwise, that any lot, structure, or use, or work thereon is in violation of this Code, he shall so notify the responsible party, and shall order appropriate corrective action.

The order to take corrective action shall be in writing and shall include:

(A)

A description of the premises sufficient for identification;

(B)

A statement indicating the nature of the violation;

(C)

A statement of the remedial action necessary to effect compliance;

(D)

The date by which the violation must be corrected;

(E)

A statement that the alleged violator is entitled to a conference with the Administrator if he so desires;

(F)

The date by which an appeal of the corrective action order must be filed, and a statement of the procedure for so filing; and

(G)

A statement that failure to obey a corrective action order shall result in revocation of the certificate of zoning compliance and may result in the imposition of fines.

A corrective action order shall be deemed properly served upon the owner, occupant, or operator of the offending lot, structure, or use if it is:

(A)

Served upon him personally;

(B)

Sent by certified mail to his last known address; or

(C)

Posted in a conspicuous place on or about the affected premises.

Whenever any work is being done in violation of an initial certificate of zoning compliance, the Administrator's corrective action order may state that the violation must cease immediately. In such case, the corrective action order is equivalent to a stop order (see Section 40-9-4.1(D)).

Notwithstanding any other provisions of this Code, whenever the Administrator determines that any violation of this Code poses an imminent peril to life or property, he may institute, without notice or hearing, any necessary proceedings to alleviate the perilous condition.

Whenever any violation of this Code occurs, or is alleged to have occurred, any person may file a written complaint on forms provided by the Administrator. The Administrator shall record such complaints, promptly investigate, and, if necessary, institute appropriate corrective action.

The City Council shall establish (and may amend from time to time) a schedule of filing fees for the various permits and procedures listed in this Code. The following fees are intended to defray the administrative costs connected with the processing/conducting of such permits or procedures; the fees do not constitute a tax or other revenue-raising device. All such fees shall be paid by the applicant to the City Clerk.

(A)

Certificate of Zoning Compliance Fees.

New Commercial Construction .....$200.00

New Residential Construction .....$100.00

Commercial and Residential Additions and/or Remodeling .....$75.00

Commercial and Residential Exterior Concrete .....$10.00

Commercial and Residential Decks/Sheds/Carports/Awnings .....$15.00

Commercial and Residential Fences .....$15.00

Commercial and Residential Demolition .....$10.00

Commercial and Residential Signs .....$5.00

Commercial and Residential Miscellaneous .....$5.00

(B)

Appeal Filing Fees.

Requested ActionFee

Appeals .....$25.00

Variance .....$25.00

Special use .....$25.00

Amendment .....$75.00

(Ord. No. 1100, 04-08-91)

(A)

Any person who is convicted. of a violation of this Code shall be fined not less than Seventy-Five Dollars ($75.00), nor more than Seven Hundred Fifty Dollars ($750.00), plus costs. Each day on which a violation continues shall be considered a separate offense.

(B)

Nothing contained in this Section shall prevent the City from taking any other lawful action that may be necessary to secure compliance with this Code.