Charlestown City Zoning Code
ARTICLE II
Administration and Enforcement
§ 218-6 Building Official/Zoning Enforcement Officer to enforce.
[Amended 2-12-2024 by Ord. No. 409]
It shall be the duty of the Building Inspector to interpret, administer, and enforce the provisions of this Ordinance. All references to enforcement by the Building Inspector include reference to the Zoning Inspector.
A.
Qualifications. To qualify for the position to enforce this ordinance, a person must demonstrate the ability to:
(1)
Understand maps and plans and to relate them to structures and land uses on the ground;
(2)
Comprehend this Ordinance and identify violations of this Ordinance;
(3)
Communicate orally and in writing the matters pertinent to his duties; and
(4)
Carry out his duties outlined in Part B of this Section.
B.
Duties. The following shall be the duties of the Building Inspector related to the enforcement of this ordinance to:
(1)
Receive, review, and make recommendations on applications to the Zoning Board/Platting of Review and keep all records of the Board.
(2)
Collect all required fees;
(3)
Keep records relating to uses of land;
(4)
Authorize commencement of uses of development under the provisions of this ordinance;
(5)
Investigate suspected violations and issue violation notices requesting corrective actions;
(6)
Exercise such powers and duties as may be set forth in this Ordinance.
(7)
Provide verbal guidance or clarification on the interpretation of this Ordinance.
(8)
Provide guidance or clarification, and upon written request, issue a zoning certificate, or otherwise provide information to the requesting party as to the certificate within fifteen working days of the request. If no response is provided, the requesting party can appeal to the Zoning Board of Review for the certificate.
(9)
Maintain for distribution to the public a supply of copies of the official zoning map(s), the compiled text of the Zoning Ordinance and the rules of the Zoning Board of Review.
(10)
The zoning enforcement officer is authorized to grant modification permits that are fifteen percent (15%) or less of the dimensional requirements specified in the zoning ordinance. A modification does not permit moving of lot lines. Within ten (10) days of the receipt of a request for a modification, the zoning enforcement officer shall make a decision as to the suitability of the requested modification based on the following determinations:
(a)
The modification requested is reasonably necessary for the full enjoyment of the permitted use;
(b)
If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;
(c)
The modification requested does not require a variance of a flood hazard requirement, unless the building is built in accordance with applicable regulations; and
(d)
The modification requested does not violate any rules or regulations with respect to freshwater or coastal wetlands.
Upon an affirmative determination, in the case of a modification of five percent (5%) or less, the zoning enforcement officer shall have the authority to issue a permit approving the modification, without any public notice requirements. In the case of a modification of greater than five percent (5%), the zoning enforcement officer shall notify, by first class mail, all property owners abutting the property which is the subject of the modification request, and shall indicate the street address of the subject property in the notice, and shall publish in a newspaper of local circulation within the town that the modification will be granted unless written objection is received within fourteen (14) days of the public notice. If written objection is received within fourteen (14) days, the request for a modification shall be scheduled for the next available hearing before the zoning board of review on application for a dimensional variance following the standard procedures for such variances, including notice requirements provided for under this chapter. If no written objections are received within fourteen (14) days, the zoning enforcement officer shall grant the modification. The zoning enforcement officer may apply any special conditions to the permit as may, in the opinion of the officer, be required to conform to the intent and purposes of the zoning ordinance. The zoning enforcement officer shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received. Costs of any notice required under this subsection shall be borne by the applicant requesting the modification. |
§ 218-7 Records.
The Town Clerk shall maintain the record copy of the Zoning Ordinance and Maps and all amendments thereto. A duplicate copy shall be available for public review at the Building Inspector's office. Changes to the Zoning Map shall be depicted on the map by the Building Inspector or his agent within twenty days.
§ 218-8 Building permits required.
No land shall be used or excavated for a foundation hole and no building, structure or sign shall be erected, modified, enlarged, relocated, demolished, or placed into use until a building permit has been issued by the Building Inspector. The Inspector may require such information as he may deem necessary to be filed with the applications for a permit. A permit may not be issued by the Inspector for uses not permitted except where the Zoning Board of Review approves the granting of an appeal, special use permit or variance or a statement is approved by the Town Council indicating an amendment to this Ordinance. The Inspector shall retain a copy of each permit issued, and a copy shall be forwarded to the Tax Assessor.
§ 218-9 Penalties for offenses.
Any person, group of persons or corporation violating any of the provisions of this Ordinance or any term, safeguard or condition attached to the granting of any approval issued pursuant to this Ordinance may be fined not more than $500.00 for each offense. Each day of the existence of a violation, after notification in writing by the Building Inspector, shall be deemed a separate offense. The Building Inspector shall notify the property owner and the Town Solicitor of any violation and lack of corrective action. The Town Solicitor shall institute appropriate action to abate such violation.
§ 218-10 Amendments.
This Ordinance may be amended by the Town Council, and any person, group of persons or corporation may make application. The Town Clerk shall be the recipient of any proposal for adoption, amendment, or repeal of the zoning ordinance and any associated zoning maps. Immediately upon the receipt of the proposal, the Town Clerk shall refer the proposal to the Town Council and to the Planning Commission for study and recommendation. The Planning Commission shall report to the Town Council within forty-five days after receipt, on its findings and recommendations. Where a proposal for adoption, amendment, or repeal is made by the Planning Commission, the proposal by the Commission shall include its findings and recommendations pursuant to § 218-14, Review by Planning Commission. The Town Council shall hold a public hearing within sixty-five days of receipt of a complete application, giving proper notice as prescribed in § 218-13, Procedure. The provisions of this Section pertaining to deadlines shall not be construed to apply to any extension consented to by an applicant.
§ 218-11 Amendment fees.
All applications for amendments shall be accompanied by the following nonrefundable filing fees payable to the Town of Charlestown. Cost of advertising, postage and any other costs incurred by the Town shall be paid upon billing by the Town Clerk.
Item | Fee |
|---|---|
Text amendment | $100 |
District change to residential | $250 |
District change to other than residential | $500 |
§ 218-12 Prohibited uses and exceptions.
This Ordinance contains prohibited uses in zones within the Town. On application, a prohibited use may be changed through amendment by the Town Council to allow the use by special use permit on a case by case basis.