This chapter details zoning enforcement guidelines, as well as descriptions of some of the main duties of the planning commission and building official. Building and occupancy permits, inspections and enforcement issues, as well as violations of this title, are described.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   A.   Planning Commission: The provisions of this title shall be administered by the planning commission acting under the supervision of the mayor. The planning commission shall, when deemed appropriate, recommend legal action to the town council in order to enforce this title or other land use related ordinances or regulations. The planning commission, under the supervision of the mayor, shall determine when violations exist, when a development is in substantial compliance with this title, or when strict compliance should be demanded, or other enforcement actions taken. The planning commission shall also advise the town and developers as to application, submission, compliance and procedural matters as related to this title, as well as the interpretation of these code provisions to the best of their ability.

   B.   Building Official: The building official shall operate under the direction of the mayor as well, and is charged with issuance, revocation and administration of building and occupancy permits as per this title and international building codes in effect. The building official is also in charge of building or use inspections, and all building inspectors shall work under his/her direction. Applications for permitted uses shall be evaluated by the building official to determine if approval can be given.

   C.   Administration Generally: Both the planning commission and the building official shall work with and advise the town council on all zoning, land use or building matters as applied for and acted on by the town.

   D.   Enforcement: The failure of any person to properly interpret or apply this title or any provision of it shall not operate to waive or estop the town from subsequent enforcement action. Permits issued in violation of this title shall have no force or effect and persons knowingly or negligently building or subdividing under improperly issued permits or approvals do so at their own risk.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   Construction, alteration, repair or removal of any building or structure, or any part thereof, as provided for or as restricted in this title and the international building code, shall not be commenced except upon clearance by the planning commission for compliance with this code and issuance of a building permit by the building official.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   Land, buildings or premises in any district shall hereafter be used only for a purpose permitted in such a district and in accordance with the appropriate regulations. A permit of occupancy shall be issued by the building official to the extent that the use, building or premises conforms to provisions of this and all related ordinances, regulations and requirements prior to occupancy for any building erected, enlarged or altered structurally for the occupancy or use of any land. Such a permit is needed whenever use or character of any building or land is to be changed.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   The town, through its designated officials, shall, upon presentation of evidence of his/her authority, have the right of access to any premises at any reasonable hour for the purpose of inspecting all buildings and structures during the course of their construction, modification or repair, and to inspect land uses to determine compliance with the provisions of this code.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

Apart from any project or building plans required to be submitted to the town, a detailed site plan, drawn to scale, shall be filed with the building official, as part of any application for a building permit for a permitted use. The site plan shall show where pertinent:

   A.   North arrow.

   B.   Lot lines and their dimensions.

   C.   Adjacent streets, roads, rights of way, ditches, easements and land uses.

   D.   Location of all existing structures on the subject property (completely dimensioned, including utility lines, poles, fences, etc.).

   E.   Existing utility line locations and sizes.

   F.   Existing and proposed grading, drainage and landscaping plans.

   G.   Location of proposed construction with setbacks and improvements, including location of all pertinent landscape elements, retaining walls, drainage works and signs.

   H.   Motor vehicle access, including individual parking stalls, circulation patterns, curb, gutter and sidewalk, and trail location.

   I.   Necessary explanatory notes.

   J.   Name, address and telephone number of builder and owner.

   K.   Other information which may be requested by the building official, town staff or in this code.

(Ord., 1-18-2005; amd. Ord. 20-02, 3-17-2020; Ord. 25-01, 2-18-2025)

   Unless there is actual construction and a permit issued within a period of one hundred eighty (180) days from the date of plan approval by the planning commission and/or building official, the plan approval for a permitted use shall expire.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

The provisions of this code may be enforced by either civil or criminal actions in courts of appropriate and competent jurisdiction. Suit may be brought by the town, or by affected property owners in the manner set forth below:

   A.   Criminal Citations: The building official and other designated town officials may, when there is probable cause to believe that construction has occurred in violation of this code, issue a citation and swear out criminal complaints against the appropriate individuals and business entities. Specific approval from the town council for such misdemeanor citations is not required.

   B.   Civil Actions: The town, with the authorization of the town council, may bring actions for civil and equitable relief, including enjoining specific land uses and affirmative injunctions. The building official, planning commission and other designated town officials may recommend such actions at any time to the town council; provided, that no civil proceeding shall be commenced without the specific authorization of the town council.

   C.   Third Party Actions: Individuals affected by zoning violations within the town shall have the right to maintain private actions to enforce the code without joining the town as a party.

(Ord., 1-18-2005; amd. Ord. 25-01, 2-18-2025)

   Violations of this code are class C misdemeanors, and are subject to penalty as provided in section 1-4-1 of this code. The officers and directors of a corporation shall be responsible for the acts committed by that corporation. Corporations and individuals shall be responsible for the acts of their agents committed in violation of this code if they had knowledge of the act committed, and the owner of the property is presumed to have knowledge of the uses of that property and improvements made to it. Each day that a violation occurs shall constitute a separate offense.

(Ord., 1-18-2005; amd. 2007 Code; Ord. 25-01, 2-18-2025)