Carrollton City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 159.280 APPOINTMENT AND DUTIES OF THE ZONING ADMINISTRATOR.
(A) There is hereby established the office of Zoning Administrator, who shall be appointed by the Mayor, with the advice and consent of the City Council for a term of two years.
(B) The Zoning Administrator is hereby authorized and directed to administer and enforce the provisions of this chapter. This broad responsibility encompasses, but is not limited to, the following specific duties:
(1) To review and pass upon applications for initial and final certificates of zoning compliance;
(2) To inspect lots, structures and uses to determine compliance with this chapter, and where there are violations, to initiate appropriate corrective action;
(3) To review and forward to the Zoning Board of Appeals all appeals and applications for variances, special use permits and forward all amendments to the Plan Commission.
(4) To maintain up-to-date records of matters related to this chapter, including, but not limited to, district maps, certificates of zoning compliance, special use permits, variances, interpretative decisions of the Zoning Board of Appeals, amendments and all applications/documents related to any of these items;
(5) To republish the zoning district map not later than March 31 if any rezonings or annexations have been approved during the preceding calendar year;
(6) To provide information to the general public on matters related to this chapter; and
(7) To perform such other duties as the City Council may prescribe from time to time.
(Prior Code, § 40-9-1)
§ 159.281 INITIAL CERTIFICATES OF ZONING COMPLIANCE.
(A) Upon the effective date of this chapter, 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.
(B) The Administrator shall not issue an initial certificate of zoning compliance unless he or she determines that the proposed activity conforms to the applicable provisions of this chapter.
(Prior Code, § 40-9-2)
§ 159.282 APPLICATION.
(A) (1) 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.
(2) The Administrator shall decide which items are applicable. (Note: filing fee required in § 159.292 of this chapter.)
(B) Items of information:
(1) Name and address of the applicant;
(2) Name and address of the owner or operator of the proposed lot, structure or use, if different from division (B)(1) above;
(3) Brief, general description/explanation of the proposal;
(4) Location of the proposed lot, use or structure, and its relationship to adjacent lots, uses or structures;
(5) Area and dimensions of the site for the proposed structure or use;
(6) Existing topography of the site and proposed finished grade;
(7) Existing and proposed screening, landscaping and erosion control features on the site, including the parking area;
(8) Height and setbacks of the proposed structure;
(9) Number and size of proposed dwelling units, if any;
(10) Location and number of proposed parking/loading spaces and access ways;
(11) Identification and location of all existing or proposed utilities, whether public or private; and/or
(12) Any other pertinent information that the Administrator may require.
(Prior Code, § 40-9-2.1)
§ 159.283 DURATION OF CERTIFICATE.
(A) Initial certificates of zoning compliance shall be valid for one year, or until revoked for failure to abide by a corrective action order.
(B) 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.
(Prior Code, § 40-9-2.2)
§ 159.284 RELATIONSHIP TO BUILDING PERMITS.
Upon the effective date of this chapter, 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.
(Prior Code, § 40-9-2.3)
§ 159.285 FINAL CERTIFICATES OF ZONING COMPLIANCE.
No lot or part thereof that has been recorded or developed after the effective date of this chapter, and no structure or use, or part thereof, that has been erected, enlarged, altered, relocated or reconstructed after the effective date of this chapter 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 chapter.
(Prior Code, § 40-9-3)
§ 159.286 CORRECTIVE ACTION ORDERS.
Whenever the Zoning Administrator finds, by inspection or otherwise, that any lot, structure or use, or work thereon is in violation of this chapter, he or she shall so notify the responsible party, and shall order appropriate corrective action.
(Prior Code, § 40-9-4)
§ 159.287 CONTENTS OF ORDER.
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 or she 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.
(Prior Code, § 40-9-4.1)
§ 159.288 SERVICE OF ORDER.
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 or her personally;
(B) Sent by certified mail to his or her last known address; or
(C) Posted in a conspicuous place on or about the affected premises.
(Prior Code, § 40-9-4.2)
§ 159.289 STOP ORDERS.
(A) Whenever any work being done in violation of an initial certificate of zoning compliance, the Administrator’s corrective action order may state that the violation be stopped immediately.
(B) In such case, the corrective action order is equivalent to a stop order. (See § 159.287(D) of this chapter.)
(Prior Code, § 40-9-4.3)
§ 159.290 EMERGENCY MEASURES.
Notwithstanding any other provisions of this chapter, whenever the Administrator determines that any violation of this chapter poses an imminent peril to life or property, he or she may institute, without notice or hearing, any necessary proceedings to alleviate the perilous condition.
(Prior Code, § 40-9-5)
§ 159.291 COMPLAINTS.
Whenever any violation of this chapter 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.
(Prior Code, § 40-9-6)
§ 159.292 FEES.
(A) (1) The City Council establishes the following schedule of fees for the various permits and procedures listed in this chapter.
(2) The 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.
(B) All such fees shall be paid in advance by the applicant to the City Clerk as follows:
(1) (a) Zoning occupancy fees:
Accessory building | $10 per building or $0.04 per square foot (whichever is greater) |
Commercial or business structure | $100 or $0.04 per square foot (whichever is greater) |
Industrial structure | $150 or $0.04 per square foot (whichever is greater) |
Miscellaneous permit (i.e., parking lot, deck, driveway and the like) | $0.01 per square foot ($5 minimum) ($25 maximum) |
Mobile home park permit | $500 or $25 per pad (whichever is greater, plus engineering costs, if any) |
Mobile home unit and manufactured housing unit | $25 or $0.04 per square foot (whichever is greater) |
Multi-family residence | $25 per unit or $0.04 per square foot (whichever is greater) |
Plan development | $500 or $0.04 per square foot (whichever is greater) |
Single-family residence | $25 or $0.04 per square foot (whichever is greater) |
Sign permit | $5 or $.05 per square foot (whichever is greater) |
Structural additions | $10 or $0.04 per square foot (whichever is greater) |
(b) All fees for the above projects that are started prior to obtaining the zoning occupancy permit and/or paying the fees shall be doubled.
(2) Zoning Board of Appeals and Plan Commission fees:
Amendments | $25, plus mailing and publication costs |
Interpretation of code (appeal) | $25, plus mailing and publication costs |
Special use permit | $25, plus mailing and publication costs |
Variance permit | $25, plus mailing and publication costs |
(Prior Code, § 40-9-7)