Dagsboro City Zoning Code
ARTICLE IX
Administration and Enforcement
§ 275-57 Code Enforcement Officer; certificate of compliance requirements.
[Amended 10-24-2005]
A.
It shall be the duty of the Code Enforcement Officer of the Town of Dagsboro to administer and enforce this chapter at a salary fixed by resolution or ordinance of the Town Council. No structure shall receive a building permit until a zoning permit is obtained from the Code Enforcement Officer for which a fee may be required as established by resolution of the Town Council. In no case shall a zoning permit be issued for any structure or lot where the proposed construction, alteration or use would be in violation of any provision of this chapter. It shall be the duty of the Code Enforcement Officer to cause any new structure, plans or premises to be inspected or examined and order the owner in writing that any condition be remedied which is found to exist in violation of any provisions of this chapter, and he shall have the right to enter any structure or premises during the daytime in the course of his duties. It shall be the duty of the Code Enforcement Officer to keep a record of all applications and all zoning permits issued and denied with notations of any conditions involved and in the case of a denial, the section of the chapter which has been violated; which date shall form a part of the Town public records.
B.
Certificate of compliance checklist. It shall be the duty of the Code Enforcement Officer of the Town of Dagsboro to review requests for zoning compliance by applicants for any license from the Delaware Alcoholic Beverage Control Commission. The Code Enforcement Officer shall review the following for compliance with Town ordinances:
(1)
Type of business and type of application before the Delaware Alcohol Beverage Control Commission.
(2)
Name of business.
(3)
Location and mailing address of business.
(4)
Name, address, telephone number, email and fax of owner of property.
(5)
Name and address, telephone number, email and fax of applicant (if different from owner) and relationship.
(6)
Site plan and drawing of structure, including the following:
(a)
Location.
(b)
Zoning classification.
(c)
Floor plan, including number and sizes of bar(s) area (if applicable).
(d)
Seating capacity, listing bar area capacity separately (if applicable).
(e)
Parking required/capacity.
(f)
Storage area, kitchen area, food preparation area (if applicable).
(g)
Bathroom availability for male and female patrons (if applicable).
(h)
Distance to nearest property line of nearest lot zoned residential.
(i)
Proposed hours of operation.
(7)
A statement that establishes the primary purpose of the business (restaurant) as defined in the Town of Dagsboro Code.
(8)
All Town taxes and fees are paid in full.
(9)
An authorization for the Town, its agents and employees, to seek and obtain information and, if deemed necessary, to conduct an investigation as to the accuracy to the statement set forth in the application to the best of their ability.
(10)
A written and dated declaration by the applicant, under verification, oath or affidavit, that the information provided to the Town contained in the application and the drawing and plan is true and correct.
§ 275-58 Certificate of occupancy.
A.
It shall be unlawful to use or permit the use of any structure or part thereof, hereafter erected, altered, converted or enlarged wholly or in part, until a certificate of occupancy, applied for at the time of application for a building permit, shall have been issued by the Code Enforcement Officer. Such certificate shall show that such structure, or part of a structure, and the proposed use thereof conform to the requirements of this chapter. It shall be the duty of the Code Enforcement Officer to issue a certificate of occupancy only when he is satisfied that the structure, or part of a structure, and the proposed use thereof conform to this chapter and all other applicable codes and ordinances of the Town. Such occupancy permits shall be granted or denied in writing within 10 days from the date that a written notification is filed with the Code Enforcement Officer that the erection of the structure is completed, unless additional time is agreed upon by the applicant in writing.
B.
Should the Code Enforcement Officer decline to issue a certificate of occupancy, his reasons for doing so shall be so stated on two copies of the application and one copy returned to the applicant.
C.
Revocation. On the serving of notice of any violation of any of the provisions or requirements of this chapter with respect to any structure or use thereof or of land as provided in this chapter, the certificate of occupancy shall be required for any further use of such structure or land.
D.
Filing. A monthly report of the certificates of occupancy shall be filed with the Tax Assessor. A record of all certificates of occupancy shall be kept in the office of the Code Enforcement Officer, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the structure or land affected.
[Amended 5-23-2005 by Ord. No. 2005-1; 6-27-2005 by Ord. No. 2005-2]