ADMINISTRATION AND ENFORCEMENT
The provisions of this chapter shall be administered and enforced by the zoning administrator or by such deputies of his department as the zoning administrator may delegate to enforce the provisions of this chapter.
(Ord. No. 401, § 2300, 5-2-2005)
(a)
The zoning administrator shall have the power to grant zoning compliance and occupancy permits, to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter. It shall be unlawful for the zoning administrator to approve any plans or issue any permits for any excavation or construction until he has inspected such plans in detail and found them to conform to this chapter.
(b)
The zoning administrator shall record all nonconforming uses existing at the effective date of the ordinance from which this chapter is derived for the purpose of carrying out the provisions of section 44-410.
(c)
Under no circumstances is the zoning administrator permitted to make changes to this chapter nor to vary the terms of this chapter in carrying out his duties.
(d)
The zoning administrator shall not refuse to issue a permit when conditions imposed by this chapter are complied with by the applicant despite violations of contracts, such as covenants or private agreements which may occur upon the granting of said permit.
(Ord. No. 401, § 2301, 5-2-2005)
The zoning administrator shall require that all applications for zoning permits shall be accompanied by plans and specifications including a plot plan, in triplicate, drawn to scale, showing the following:
(1)
The actual shape, location and dimensions of the lot.
(2)
The shape, size and location of all buildings or other structures to be erected, altered, or moved and of any building or other structures already on the lot.
(3)
The existing and intended use of the lot and of all such structures upon it, including, in residential areas, the number of dwelling units the building is intended to accommodate.
(4)
Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being observed.
(Ord. No. 401, § 2302, 5-2-2005)
The following shall apply in the issuance of any permit:
(a)
Permits for new use of buildings. No building or structure or part thereof, shall be hereafter erected, altered, moved, or enlarged and no parcel or building will change use unless a zoning permit shall have been first issued for such work.
(b)
For use requiring site plan approval, that approval takes the place of a zoning permit. For structures or improvements that require a building permit, the zoning permit may be incorporated into the building permit. At a minimum, compliance for a zoning permit shall ensure:
(1)
The use is permitted in that subject zoning district,
(2)
The use has met the off-street parking and loading requirements in article XXI.
(3)
The use has met all other applicable provisions in this chapter.
(Ord. No. 401, § 2304, 5-2-2005; Ord. No. 482, 8-16-2021)
Fees for inspection and the issuance of permits or certificates or copies thereof required or issued under the provisions of this chapter may be collected by the zoning administrator in advance of issuance. The amount of such fees shall be established by resolution of the city council and shall cover the cost of inspection and supervision resulting from enforcement of this chapter.
(Ord. No. 401, § 2305, 5-2-2005)
Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not more than $500.00 and the costs of prosecution or, in default of the payment thereof, shall be punished by imprisonment in the county jail for a period not to exceed 90 days for each offense, or by both such fine and imprisonment in the discretion of the court, together with the costs of such prosecution.
(Ord. No. 401, § 2306, 5-2-2005)
Any building or structure which is erected, altered or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of the ordinance from which this chapter is derived and in violation of any of the provisions thereof is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.
(Ord. No. 401, § 2307, 5-2-2005)
The owner of any building, structure or premises or part thereof, where any condition in violation of this chapter shall exist or shall be created, and who has assisted knowingly in the commission of such violation shall be guilty of a separate offense and upon conviction thereof shall be subject to a fine of not more than $500.00 and the costs of prosecution or, in default of the payment thereof, shall be punished by imprisonment in the county jail for a period not to exceed 90 days for each offense, or by both such fine and imprisonment in the discretion of the court, together with the costs of such prosecution.
(Ord. No. 401, § 2308, 5-2-2005)
A separate offense shall be deemed committed upon each day during or when a violation occurs or continues.
(Ord. No. 401, § 2309, 5-2-2005)
The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.
(Ord. No. 401, § 2310, 5-2-2005)
ADMINISTRATION AND ENFORCEMENT
The provisions of this chapter shall be administered and enforced by the zoning administrator or by such deputies of his department as the zoning administrator may delegate to enforce the provisions of this chapter.
(Ord. No. 401, § 2300, 5-2-2005)
(a)
The zoning administrator shall have the power to grant zoning compliance and occupancy permits, to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter. It shall be unlawful for the zoning administrator to approve any plans or issue any permits for any excavation or construction until he has inspected such plans in detail and found them to conform to this chapter.
(b)
The zoning administrator shall record all nonconforming uses existing at the effective date of the ordinance from which this chapter is derived for the purpose of carrying out the provisions of section 44-410.
(c)
Under no circumstances is the zoning administrator permitted to make changes to this chapter nor to vary the terms of this chapter in carrying out his duties.
(d)
The zoning administrator shall not refuse to issue a permit when conditions imposed by this chapter are complied with by the applicant despite violations of contracts, such as covenants or private agreements which may occur upon the granting of said permit.
(Ord. No. 401, § 2301, 5-2-2005)
The zoning administrator shall require that all applications for zoning permits shall be accompanied by plans and specifications including a plot plan, in triplicate, drawn to scale, showing the following:
(1)
The actual shape, location and dimensions of the lot.
(2)
The shape, size and location of all buildings or other structures to be erected, altered, or moved and of any building or other structures already on the lot.
(3)
The existing and intended use of the lot and of all such structures upon it, including, in residential areas, the number of dwelling units the building is intended to accommodate.
(4)
Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being observed.
(Ord. No. 401, § 2302, 5-2-2005)
The following shall apply in the issuance of any permit:
(a)
Permits for new use of buildings. No building or structure or part thereof, shall be hereafter erected, altered, moved, or enlarged and no parcel or building will change use unless a zoning permit shall have been first issued for such work.
(b)
For use requiring site plan approval, that approval takes the place of a zoning permit. For structures or improvements that require a building permit, the zoning permit may be incorporated into the building permit. At a minimum, compliance for a zoning permit shall ensure:
(1)
The use is permitted in that subject zoning district,
(2)
The use has met the off-street parking and loading requirements in article XXI.
(3)
The use has met all other applicable provisions in this chapter.
(Ord. No. 401, § 2304, 5-2-2005; Ord. No. 482, 8-16-2021)
Fees for inspection and the issuance of permits or certificates or copies thereof required or issued under the provisions of this chapter may be collected by the zoning administrator in advance of issuance. The amount of such fees shall be established by resolution of the city council and shall cover the cost of inspection and supervision resulting from enforcement of this chapter.
(Ord. No. 401, § 2305, 5-2-2005)
Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not more than $500.00 and the costs of prosecution or, in default of the payment thereof, shall be punished by imprisonment in the county jail for a period not to exceed 90 days for each offense, or by both such fine and imprisonment in the discretion of the court, together with the costs of such prosecution.
(Ord. No. 401, § 2306, 5-2-2005)
Any building or structure which is erected, altered or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of the ordinance from which this chapter is derived and in violation of any of the provisions thereof is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.
(Ord. No. 401, § 2307, 5-2-2005)
The owner of any building, structure or premises or part thereof, where any condition in violation of this chapter shall exist or shall be created, and who has assisted knowingly in the commission of such violation shall be guilty of a separate offense and upon conviction thereof shall be subject to a fine of not more than $500.00 and the costs of prosecution or, in default of the payment thereof, shall be punished by imprisonment in the county jail for a period not to exceed 90 days for each offense, or by both such fine and imprisonment in the discretion of the court, together with the costs of such prosecution.
(Ord. No. 401, § 2308, 5-2-2005)
A separate offense shall be deemed committed upon each day during or when a violation occurs or continues.
(Ord. No. 401, § 2309, 5-2-2005)
The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.
(Ord. No. 401, § 2310, 5-2-2005)