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Carthage City Zoning Code

ARTICLE VII

- ADMINISTRATIVE PROVISIONS

Sec. 1. - Official zoning map.

1-1.

[The] Official Zoning Map of the City of Carthage shall be kept in the office of the city secretary and one copy shall be maintained in the office of the building inspector.

1-2.

It shall be the duty of the building inspector to keep the official map current, and the copies thereof herein provided for, by entering on such maps any changes which the city commission may from time to time order by amendments to the zoning ordinance and map.

1-3.

The city secretary, upon the adoption of this ordinance shall affix a certificate identifying the map in his office as the official zoning map of the City of Carthage. He shall likewise officially identify the copies directed to be kept by the planning and zoning commission and in the office of the building inspector.

Sec. 2. - Enforcement.

2-1.

Building inspector.

A.

[Administration, enforcement.] The provisions of this ordinance shall be administered and enforced by the building inspector of the City of Carthage.

B.

Right to enter. The building inspector or any duly authorized person shall have the right to enter upon any premises at any reasonable time prior to the completion of the buildings for the purpose of making inspections of buildings or premises necessary to carry out his duties in the enforcement of this ordinance.

C.

Stop orders. Whenever any building work is being done contrary to the provisions of this ordinance, the building inspector may order the work stopped by notice in writing served on the owner or contractor doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the building inspector to proceed with the work.

Sec. 3. - Plans.

3-1.

All applications for building permits shall be accompanied by accurate plot plans, submitted in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact sizes and locations on the lot of the buildings and accessory buildings then existing and the lines within which the proposed building and structure shall be erected or altered, the existing and intended use of each building or part of building, the number of families or housekeeping units the building is designed to accommodate, and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this ordinance. One copy of such plot plans will be returned to the owner when such plans have been approved. An inspection period of as much as two weeks shall be allowed for inspection of plans before a permit shall be issued.

3-2.

All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on actual survey, and the lot shall be staked out on the ground before construction is started unless the building inspector waives this requirement.

(Ord. No. 1972-5, § 1, 3-27-1972)

Sec. 4. - Existing permits, agreements, rights, etc.

4-1.

Existing permits and private agreements. This ordinance is not intended to abrogate or annul:

(1)

Any permits issued before the effective date of this ordinance; or

(2)

Any easement, covenant or any other private agreement.

4-2.

Preserving rights in pending litigation and violations under existing ordinances. By the passage of this ordinance, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, shall be discharged or affected by the adoption of this ordinance, but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending be proceeded with in all respects as if such prior ordinance had not been repealed.

4-3.

Completion of existing buildings.

A.

Nothing in these regulations nor in any amendments hereto which change district boundaries shall require any change in the plans, construction or designated use of a building which shall be completed in its entirety within two years from the date of the passage of this ordinance, provided such building either was actually under construction at the time of the passage of this ordinance or was authorized by building permit before the passage of this ordinance, and further provided construction shall have been started within 90 days from passage of this ordinance.

B.

Commitments with reference to construction of public utility buildings necessary for proposed expansion of the city made prior to the passage of this ordinance shall be observed.

Sec. 5. - Temporary zoning; new subdivisions; annexed areas.

5-1.

Unplatted property. The planning and zoning commission of the City of Carthage shall not approve any plat or any subdivision within the city limits of the City of Carthage until the area covered by the proposed plat shall have been permanently zoned by the city commission of Carthage.

5-2.

Proposed annexation. In the event the planning and zoning commission holds a hearing on proposed annexation, it may, at the same time hold a hearing upon the permanent zoning that is to be given to the area or tract to be annexed, and make a recommendation on both matters to the city commission so that the city commission can act on the matter of permanent zoning and annexation at the same time the annexation ordinance is considered.

5-3.

Zoning annexed areas. All territory annexed to the City of Carthage hereafter shall be temporarily classified as "SF-1" Single-Family Residence District only until permanently zoned by the city commission of the City of Carthage. The planning and zoning commission shall, as soon as practicable after annexation of any territory, recommend to the city commission a permanent zoning, and the procedure to be followed shall be the same as is provided by law for the adoption of original zoning regulations.

5-4.

Permits in temporary zoned areas. In an area temporarily classified as "SF-1" Single-Family Residence District, no permit for the construction of a building other than types of buildings allowed in said district shall be issued by the building inspector until such permit has been specifically authorized by the city commission after recommendation from the planning and zoning commission. Permits for nonresidential construction in a newly annexed territory prior to permanent zoning may be authorized under the following conditions: An application for any use shall be made to the building inspector, said application to show the use contemplated, and a plat showing the size and type of buildings to be constructed; and if such application is for other than a building allowed in "SF-1" Single-Family Residence District, it shall be referred to the planning and zoning commission for recommendation to the city commission, which shall grant or deny the permit; provided that a concurrence of four members of the city commission shall be required if the recommendation of the planning and zoning commission is not followed.