12.- ADMINISTRATION AND ENFORCEMENT
The town official, designated by the governing body as the zoning administrator, shall have the power and duty to enforce the provisions of this title. An appeal from a ruling of the zoning administrator shall be made to the board of adjustments.
(Ord. No. 214 § 2-101, 1984)
Until a zoning administrator is appointed, the planning committee, or a designated member thereof, shall act as the administrator, and until a board of adjustment is appointed, the town council shall hear all matters which otherwise would be heard by the board of adjustments, or by a person designated by the town council.
(Ord. No. 214 § 2-102, 1984)
(a)
New construction or remodeling:
(1)
No person, firm or corporation shall commence construction of any new structure, or exterior remodeling within the corporate limits without having first obtained an approved building permit.
(2)
There shall be assessed a fee of $25.00 upon making application for a building permit, of which $5.00 shall be refunded upon denial of the permit application or abandonment of the proposed construction. The town council may, from time to time, change or modify the permit application fee by the passing of a resolution pertaining to such.
(3)
This building permit shall be void after 12 months of the day of issuance if no substantial construction has taken place. This permit will be prominently displayed at the building site.
(b)
Property divided or split; survey: When property is divided or split, a legal survey and descriptions will be submitted to the town clerk at the time of applying for a building permit.
(c)
Destruction or removal of property; permit and fee:
(1)
Permit required; application; conditions:
a.
Any person or persons, or a representative thereof, desiring to destruct and/or remove a structure; residential home, business dwelling, garage or out building with an original value of $2,500.00 or more from their property, must obtain a building permit from the town clerk and approval by the designated building official.
b.
When presenting an application for destruction and/or removal, applicant shall submit a schedule of destruction and/or removal for the project including estimated time of completion.
c.
Destruction and/or removal shall commence within a period of 30 days of approval, and to be completed within 120 consecutive days, including cleanup and restoration, unless additional time is granted by the town council upon request by permittee.
d.
In addition, the permittee shall submit a landscaping plan that would return all terrain features back to the assumed prestructure condition.
(2)
Fee: The fee for the permit shall be at a rate designated by the town council, and shall be exclusive for the destruction and/or removal of a structure.
(3)
Violation: Any violations of this subsection would be a violation of this title, subject to the penalties provided in this chapter.
(Ord. No. 286 § 2-102, 1998: Res. No. 171, 1996: Ord. No. 214 § 2-102, 1984)
The administrator may issue temporary permits for buildings to be constructed and used for storage incidental to construction of buildings on the property and for signs advertising a subdivision or tract or land or the lots thereon.
(Ord. No. 214 § 2-103, 1984)
A building permit for a use involving a variance shall be void after six months of the day of issuance if no substantial construction has taken place.
(Ord. No. 214 § 2-104, 1984)
The provisions of this title shall be held to be the minimum requirements fulfilling its objectives. Where the conditions imposed by any provision of this title are less restrictive than comparable conditions imposed by other provisions of this title or of any other title, resolution or regulation, the provisions which are more restrictive shall govern.
(Ord. No. 214 § 2-105, 1984)
The provisions of this title are declared severable. If any section, sentence, clause or phrase of this title is adjudged by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this title.
(Ord. No. 214 § 2-106, 1984)
Notice of any violation of this title shall be served personally upon the violator by the zoning administrator or the sheriff of Sheridan County or his deputy. The notice may contain an order that the violator shall cease and desist from any activity which is contrary to the provisions of this title and shall order the individual to appear before the town council on a date and time scheduled, for hearing upon the alleged violation. If after hearing, the town council believes that there is cause to believe that a violation has occurred, it may file a complaint for violation of this title in the county court of Sheridan County, or take other and further action as it may deem necessary in order to assure compliance with the provisions of this title.
(Ord. No. 214 § 2-109, 1984)
Any person violating any of the provisions of this title shall, upon conviction thereof, be punished by a fine not to exceed $100.00 per day, not to exceed 90 days. Any person violating any provisions of this title shall be deemed guilty of a separate offense for each day during which such violations continue.
(Ord. No. 214 § 2-107, 1984)
12.- ADMINISTRATION AND ENFORCEMENT
The town official, designated by the governing body as the zoning administrator, shall have the power and duty to enforce the provisions of this title. An appeal from a ruling of the zoning administrator shall be made to the board of adjustments.
(Ord. No. 214 § 2-101, 1984)
Until a zoning administrator is appointed, the planning committee, or a designated member thereof, shall act as the administrator, and until a board of adjustment is appointed, the town council shall hear all matters which otherwise would be heard by the board of adjustments, or by a person designated by the town council.
(Ord. No. 214 § 2-102, 1984)
(a)
New construction or remodeling:
(1)
No person, firm or corporation shall commence construction of any new structure, or exterior remodeling within the corporate limits without having first obtained an approved building permit.
(2)
There shall be assessed a fee of $25.00 upon making application for a building permit, of which $5.00 shall be refunded upon denial of the permit application or abandonment of the proposed construction. The town council may, from time to time, change or modify the permit application fee by the passing of a resolution pertaining to such.
(3)
This building permit shall be void after 12 months of the day of issuance if no substantial construction has taken place. This permit will be prominently displayed at the building site.
(b)
Property divided or split; survey: When property is divided or split, a legal survey and descriptions will be submitted to the town clerk at the time of applying for a building permit.
(c)
Destruction or removal of property; permit and fee:
(1)
Permit required; application; conditions:
a.
Any person or persons, or a representative thereof, desiring to destruct and/or remove a structure; residential home, business dwelling, garage or out building with an original value of $2,500.00 or more from their property, must obtain a building permit from the town clerk and approval by the designated building official.
b.
When presenting an application for destruction and/or removal, applicant shall submit a schedule of destruction and/or removal for the project including estimated time of completion.
c.
Destruction and/or removal shall commence within a period of 30 days of approval, and to be completed within 120 consecutive days, including cleanup and restoration, unless additional time is granted by the town council upon request by permittee.
d.
In addition, the permittee shall submit a landscaping plan that would return all terrain features back to the assumed prestructure condition.
(2)
Fee: The fee for the permit shall be at a rate designated by the town council, and shall be exclusive for the destruction and/or removal of a structure.
(3)
Violation: Any violations of this subsection would be a violation of this title, subject to the penalties provided in this chapter.
(Ord. No. 286 § 2-102, 1998: Res. No. 171, 1996: Ord. No. 214 § 2-102, 1984)
The administrator may issue temporary permits for buildings to be constructed and used for storage incidental to construction of buildings on the property and for signs advertising a subdivision or tract or land or the lots thereon.
(Ord. No. 214 § 2-103, 1984)
A building permit for a use involving a variance shall be void after six months of the day of issuance if no substantial construction has taken place.
(Ord. No. 214 § 2-104, 1984)
The provisions of this title shall be held to be the minimum requirements fulfilling its objectives. Where the conditions imposed by any provision of this title are less restrictive than comparable conditions imposed by other provisions of this title or of any other title, resolution or regulation, the provisions which are more restrictive shall govern.
(Ord. No. 214 § 2-105, 1984)
The provisions of this title are declared severable. If any section, sentence, clause or phrase of this title is adjudged by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this title.
(Ord. No. 214 § 2-106, 1984)
Notice of any violation of this title shall be served personally upon the violator by the zoning administrator or the sheriff of Sheridan County or his deputy. The notice may contain an order that the violator shall cease and desist from any activity which is contrary to the provisions of this title and shall order the individual to appear before the town council on a date and time scheduled, for hearing upon the alleged violation. If after hearing, the town council believes that there is cause to believe that a violation has occurred, it may file a complaint for violation of this title in the county court of Sheridan County, or take other and further action as it may deem necessary in order to assure compliance with the provisions of this title.
(Ord. No. 214 § 2-109, 1984)
Any person violating any of the provisions of this title shall, upon conviction thereof, be punished by a fine not to exceed $100.00 per day, not to exceed 90 days. Any person violating any provisions of this title shall be deemed guilty of a separate offense for each day during which such violations continue.
(Ord. No. 214 § 2-107, 1984)