(a)

The Town Clerk/Administrator is designated to administer and enforce the provisions of this Chapter.

(b)

The Town Clerk/Administrator shall have the power to make inspections of buildings and premises to carry out the duties of the enforcement of this Chapter, subject to the special provisions where stipulated in this Chapter.

(c)

The Town Clerk/Administrator shall be responsible for issuance of site permits.

(d)

Issuance of certificates of occupancy requires approval by the Building Inspector.

(Ord. No. 680, § 1, 7-7-2015)

It shall be unlawful to begin the excavation for the construction, moving, alteration or repair (except as may be exempted in the Building Code) until a site permit has been issued for such work in accordance with the requirements of this Chapter and Section 16-2-90 below and until a building permit has been issued. Permit fees shall be waived on sidewalks installed on Town property.

(Ord. No. 680, § 1, 7-7-2015)

If the proposed construction, moving alteration or use of the land, as set forth in the application for a site permit under this Article, is in conformity with the provisions of this Chapter, the Town Clerk/Administrator shall approve the issuance of the site permit.

(Ord. No. 680, § 1, 7-7-2015)

Issuance of a site permit shall in no case be construed as waiving any provision of this Chapter or any other Town regulation.

(Ord. No. 680, § 1, 7-7-2015)

The Town Clerk/Administrator shall approve issuance of a site permit when the imposed conditions of this Chapter are complied with by the applicant, regardless of the effect of such a permit on contracts, such as deed covenants, deed restrictions or private agreements.

(Ord. No. 680, § 1, 7-7-2015)

If any application for a site permit is not approved by the Town Clerk/Administrator, the cause for such disapproval shall be stated in writing.

(Ord. No. 680, § 1, 7-7-2015)

Plans submitted with an application for a site permit shall be reviewed and approved by the Town Clerk/Administrator.

(Ord. No. 680, § 1, 7-7-2015)

There shall be no site permit issued on a plot which does not consist of a platted lot or lots duly approved and recorded. Unplatted tracts shall be platted as a lot or lots prior to issuance of a site permit.

(Ord. No. 680, § 1, 7-7-2015)

(a)

The Town Clerk/Administrator may approve temporary permits for buildings to be constructed and used for storage incidental to construction of buildings on the property and for construction signs.

(b)

Temporary buildings or signs shall be removed prior to issuance of the certificate of occupancy.

(Ord. No. 680, § 1, 7-7-2015)

A site and/or building permit for a conditional use or for a use involving variance shall be void after six months from the day of issuance if no substantial construction has taken place.

(Ord. No. 680, § 1, 7-7-2015)

(a)

No building or structure authorized by a building permit shall be occupied, and no change in occupancy of a building, part of a building or land shall be made, until after the Building Inspector has issued a certificate of occupancy therefor.

(b)

The certificate of occupancy shall not only state the information as required under the Building Code, but shall also state that the occupancy authorized has been approved by the Town Clerk/Administrator as being in compliance with this Chapter.

(c)

Occupancy other than that authorized in the certificate of occupancy is unlawful.

(Ord. No. 680, § 1, 7-7-2015)

(a)

A certificate of occupancy shall be applied for coincident with the application for a building permit and shall be issued within ten days after the erection or structural alteration of such buildings has been completed in conformity with the provisions of the regulations contained in this Chapter.

(b)

A record of all certificates shall be kept on file in the office of the Town Clerk/Administrator.

(c)

Copies shall be furnished on request to any persons having a property or tenancy interest in the building affected.

(Ord. No. 680, § 1, 7-7-2015)

(a)

A use permit is a document recognizing the approval of a conditional use or a variance as these terms are defined in this Chapter.

(b)

The issuance of a use permit shall be a prerequisite to the issuance of a site permit, building permit or certificate of occupancy, but shall not alleviate the requirement for a building permit or certificate of occupancy where this requirement would otherwise exist.

(Ord. No. 680, § 1, 7-7-2015)

A use permit is required after approval for all conditional uses and for all variances. A use permit may have a specified time limitation attached and may impose conditions other than those which are specifically set forth in this Chapter.

(Ord. No. 680, § 1, 7-7-2015)

The Town Clerk/Administrator shall issue use permits for approved conditional uses and variances.

(Ord. No. 680, § 1, 7-7-2015)

Following the issuance of a use permit, the Town Clerk/Administrator shall ensure that, if the development is undertaken, it is completed in compliance with the permit. However, if a use permit has not been used within six months after the date granted, the permit shall be automatically cancelled.

(Ord. No. 680, § 1, 7-7-2015)

(a)

Published notice. At least 15 days prior to any public hearing which requires published notice, the Town Clerk/Administrator shall cause to be published a notice of public hearing in the legal section of a newspaper of general circulation within the Town. The notice shall specify the kind of action requested; the hearing authority; the time, date and location of the hearing; and the location of the parcel under consideration, by both address and legal description.

(b)

Posted notice:

(1)

At least 21 days prior to any public hearing which requires posted notice, the Town Clerk/Administrator shall cause to be prepared, and the applicant shall post a sign (one per street frontage) upon the parcel under consideration which provides notice of the kind of action requested; the hearing authority; the time, date and location of the hearing; and the location of the parcel by both address and legal description. The signs shall consist of at least one sign facing each adjacent public right-of-way. The fact that a parcel was not continuously posted the full period may not, at the sole discretion of the hearing authority, constitute grounds for continuance where the applicant can show that a good faith effort to meet this posting requirement was made.

(2)

The sign shall be at least three feet by four feet in size, of a durable material, such as plywood, metal or particle board, with each letter being at least two inches in height and being waterproof so as not to smear. The following information shall be placed on the sign:

NOTICE OF PUBLIC HEARING

(Del Norte Board of Adjustment
or other hearing authority, such as the
Board of Trustees or the Planning Commission)

(c)

Mailed notice. At least 20 days prior to any public hearing which requires notification by letter, the Town shall cause to be sent, by first-class mail, postage prepaid, with a certificate of mailing, a letter to:

(1)

All property owners within 300 feet; and

(2)

Owners of property included within the application.

(d)

Contents. The letter shall include a vicinity map, a short narrative describing the application and an announcement of the date, time and location of the scheduled hearing. The letter shall specify the kind of action requested; the hearing authority; the time, date and location of hearing; and the location of the parcel under consideration by address or approximate address. Failure of a property owner to receive a mailed notice will not necessitate the delay of a hearing and shall not be regarded as constituting inadequate notice.

(Ord. No. 680, § 1, 7-7-2015)

(a)

In any district in which single-family dwellings are permitted, a single-family residence and customary accessory buildings may be erected on any single lot of record which exists as such at the time of adoption of the ordinance codified in this Chapter. Such a lot must have been in separate ownership and not of continuous frontage with other lots under the same ownership.

(b)

This provision shall apply even though the lot fails to meet the requirements of the district in which it is located for area or width or both; provided, however, that the district standards shall be met unless a variance to the requirements has been granted by the Board of Adjustment.

(c)

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of the ordinance codified in this Chapter, and part or all of the lots do not meet the requirements of the district in which they are located as to minimum area or frontage or both, the lands shall be considered, for the purpose of this Chapter, to be an undivided parcel.

(d)

No portion of the parcel shall be sold or used in a manner which diminishes compliance with lot width and area requirements established by this Chapter.

(Ord. No. 680, § 1, 7-7-2015)

(a)

The Town Clerk/Administrator shall be responsible for the administration and enforcement of the provisions of this Chapter, the Official Zoning Map and any decisions entered by the Planning Commission, Board of Adjustment or Board of Trustees. The Chief of Police and the Building Inspector shall also enforce the provisions of these regulations. Whenever necessary to make an inspection to enforce any of the provisions of a decision entered pursuant to this Article, or whenever there is reasonable cause to believe that a violation of any provision of this Chapter or of any decision issued pursuant to this Article exists, the Town Clerk/Administrator, Chief of Police or Building Inspector shall have the right to enter upon such building or premises at all reasonable times for the purposes of inspection or to perform any other duty imposed by this Article. Prior to entry, the Town Clerk/Administrator, Chief of Police or Building Inspector shall identify himself or herself and request permission to enter from the occupant or person in charge of the premises if he or she can be found by reasonable efforts. If entry is refused, the Town Clerk/Administrator, Chief of Police or Building Inspector shall have recourse to any remedy provided by law to secure entry.

(b)

The Town may maintain an action in a court of competent jurisdiction to enjoin any violation of this Chapter or of the terms of any decision entered pursuant to this Article.

(c)

Any action which reduces the area of any site, lot or tract in violation of the minimum dimensional requirements of this Chapter shall be unlawful.

(d)

Any property or building maintained in violation of this Chapter is declared to be a nuisance, which may be abated by the Town in any lawful manner. In addition to any other or further remedies available in law or equity, the Town may request an injunction to prevent or enjoin violations of this Chapter.

(e)

No structure or premises shall be used or occupied after the effective date of the ordinance codified in this Chapter, and no structure or portion thereof shall be erected, moved, constructed, reconstructed, extended, enlarged or altered contrary to the provisions of this Chapter.

(f)

No building permit shall be issued unless the plans for the proposed erection, construction, reconstruction, alteration or use fully conform to all zoning regulations in effect. If any authorized agent of the Town issues a building permit in violation of this Chapter or in conflict with any of the provisions herein, such permit shall be deemed null and void.

(g)

No portion of a lot area, open space, off-street parking space or yard required about or in connection with any building for the purposes of complying with this Chapter may be included as a portion of a lot area, open space, off-street parking area or yard similarly required for any other building or its use.

(h)

It is unlawful to violate any of the provisions of this Chapter or the terms of any decision entered pursuant to this Article. Any person convicted of such a violation may be punished in accordance with the provisions of Section 1-4-20 of this Code; provided, however, that no person under the age of 18 years shall be subject to any term of imprisonment, except for contempt of court. If the Town Clerk/Administrator finds that, or if any person files with him or her a complaint alleging that, any of the provisions of this Chapter are being violated, he or she shall immediately investigate and, when necessary, give written notice to the person responsible to cease such violations forthwith. The owner of any building, buildings, premises or part thereof, where anything in violation of this Chapter exists or is placed or maintained; any architect, builder or contractor who assists in the commission of any such violation; and all persons who violate or maintain any violation of any of the provisions of this Chapter, who fail to comply therewith or with any requirements thereof or who build in violation of any statement of plan submitted and approved hereunder, are, for each and every violation or noncompliance, guilty of a violation of this Chapter and, upon conviction thereof, shall be punished in accordance with the provisions of Section 1-4-20 of this Code.

(Prior code 17.46.010; Ord. No. 680, § 1, 7-7-2015)

This Chapter shall not be construed to hold the Town or its authorized representatives responsible for any damage to persons or property by reason of any inspection or reinspection authorized in this Chapter.

(Ord. No. 680, § 1, 7-7-2015)