ADMINISTRATION AND ENFORCEMENT
8.1.1 Zoning administrator. The provisions of this ordinance shall be administered by a zoning administrator, the office of which is hereby established.
8.1.1.1 Duties. The duties of the zoning administrator shall be:
8.1.1.1.1 To receive and check all applications for building permits and certificates of occupancy.
8.1.1.1.2 To issue building permits and certificates of occupancy only for construction and uses which are in accordance with the regulations of this ordinance and subsequent amendments, or through county commissioners or court approval.
8.1.1.1.3 To record and file all applications for zoning permits and certificates of occupancy together with accompanying plans and documents and keep them for public record.
8.1.1.1.4 To immediately prepare and publish a complete list of all nonconforming uses and occupations existing at the time of adoption of this ordinance or any amendment thereto. Such list shall contain the names and addresses of owner or owners of such nonconforming uses and of any occupant other than the owner, the legal description or descriptions of the land, to the degree reasonably attainable, and the nature and extent of land use. Notification of this list shall be given by at least one publication in a newspaper of general circulation within the jurisdiction of this ordinance indicating where and when such list may be examined. Property owners and occupants shall be given one month to inspect the list and suggest necessary changes. They shall be given opportunity to appeal to the county commissioners for such changes in the list, as they request, but which are not made by the zoning administrator. After any necessary changes have been made by the zoning administrator, copies of the list shall be delivered to the county commissioners for approval and recording.
The zoning administrator shall issue certificates of occupancy for legal nonconforming uses. He shall examine them periodically to determine that they do not expand beyond the limitation prescribed in the ordinance.
8.1.1.1.5 Upon specific request of the planning board or county commissioners, to furnish such facts, records, and similar information which will assist such body in reaching its decision.
8.1.1.1.6 To be responsible for keeping this ordinance, including the zoning map, up-to-date and to include any amendments thereto.
8.1.1.1.7 If the zoning administrator shall find that any provisions of this ordinance are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal uses of land, building, or structures; removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; order discontinuance of illegal work being done; or shall otherwise enforce this ordinance to prevent violation of its provisions.
8.2.1 Building permits. A building permit shall be required prior to the erection, construction, moving, or alteration of any building, structure, or portion thereof where the fair market value of the erection, construction, moving, or alteration exceeds $1,000.00. If the fair market value of the erection, construction, moving, or alteration is $1,000.00 or less, then no building permit shall be necessary. Applications for building permit shall be made in writing to the zoning administrator and shall contain all information required by them to ascertain whether the proposed erection, construction, moving, alteration, or use complies with the provisions of this ordinance, and with the submitted plans.
8.2.1.1 Plan in duplicate drawn to scale indicating:
8.2.1.1.1 Actual dimensions and shape of the lot to be built upon.
8.2.1.1.2 Exact size and location on the lot of all buildings and other structures, if any, and the location and dimensions of proposed buildings and other structures or alterations.
8.2.1.1.3 Existing and proposed uses; show the number of families the building is designed to accommodate.
Applications for building permits shall be granted or refused within 15 days from the date of application. One copy of the plans shall be returned to the applicant marked either approved or disapproved and attested to same by the signature of the building and zoning inspector. The second copy of the plans, similarly marked, shall be filed in the office of the zoning administrator.
8.2.1.1.4 Driveways and access roads. Where any driveway or access road is to cross any drainage ditch or adjoin any public street, the party proposing to construct such driveway or access road shall submit a plan to the public works director, accompanied by a fee in the amount established by the board of commissioners. Said plan shall show the grade, location, and design of all improvements, including the concrete culvert at the site of each such crossing. Upon receipt of a plan and the accompanying fee, the public works director shall inspect the proposed location of said driveway or access road and shall review the proposed plan. The public works director shall make such modifications to the proposed plan as deemed appropriate; however, in no event shall the diameter of any required culvert be less than 15 inches. The public works director shall inspect the installation of such driveway or access road upon completion to ensure compliance with the proposed plan. No driveway or access road that is to cross any drainage ditch or adjoin any public street shall be constructed except in accordance with plans approved by the public works director.
8.2.2 Certificate of occupancy. A certificate of occupancy shall be required prior to the occupation for use or change of use of land, building, or structure.
Application for certificate of occupancy shall be made in writing to the zoning administrator.
When use of premises involves a new building or structure, or alterations to an existing building or structure, such application shall be made at the same time application for a building permit is made.
When no construction or alteration is involved, application to occupy and use land may be made at any time. Such application shall contain all information necessary for the zoning administrator to determine whether the proposed occupation and use of land conforms to the provisions of this ordinance.
A certificate of occupancy shall not be issued by the zoning administrator unless the building inspector determines that the construction is in accordance with the plans submitted for the building permit.
An application for a certificate of occupancy shall be granted or refused within 15 days after the zoning administrator has been officially notified of (a) completion of construction, or (b) application to occupy and use land where no construction is involved.
This ordinance shall be enforced by the zoning administrator. No permit or certificate of occupancy provided for in this ordinance shall be granted by him for any purpose except in compliance with the provisions of the ordinance, or with a decision of the county commissioners or the courts.
Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint stating fully the causes and basis thereof, which shall be filed with the zoning administrator. He shall acknowledge such complaint, immediately investigate, and take action thereon as provided in this ordinance.
Application and review fees and other charges shall be as provided in the schedule of fees and charges on file in the office of the county clerk.
(Ord. of 12-14-04(2))
In addition to the payment of fees required herein, if the building inspector determines that, in connection with an application or proposed project, inspections will be required which are beyond the capabilities of his department, he shall so advise the board of commissioners who may in its discretion require that the applicant provide appropriate inspections and certifications to ensure compliance with applicable laws, ordinances, and regulations.
In case any building or structure is erected, constructed, altered, repaired, converted, or maintained, or any building or structure or land is used in violation of this ordinance or of any ordinance regulation made under authority conferred hereby, the county commissioners or, with the approval of the county commissioners, the building inspector or other proper official, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, or restrain, correct, or abate such violation; to prevent the occupancy of said building, structure of land; or to prevent any illegal act, business, or use in or about such premises.
ADMINISTRATION AND ENFORCEMENT
8.1.1 Zoning administrator. The provisions of this ordinance shall be administered by a zoning administrator, the office of which is hereby established.
8.1.1.1 Duties. The duties of the zoning administrator shall be:
8.1.1.1.1 To receive and check all applications for building permits and certificates of occupancy.
8.1.1.1.2 To issue building permits and certificates of occupancy only for construction and uses which are in accordance with the regulations of this ordinance and subsequent amendments, or through county commissioners or court approval.
8.1.1.1.3 To record and file all applications for zoning permits and certificates of occupancy together with accompanying plans and documents and keep them for public record.
8.1.1.1.4 To immediately prepare and publish a complete list of all nonconforming uses and occupations existing at the time of adoption of this ordinance or any amendment thereto. Such list shall contain the names and addresses of owner or owners of such nonconforming uses and of any occupant other than the owner, the legal description or descriptions of the land, to the degree reasonably attainable, and the nature and extent of land use. Notification of this list shall be given by at least one publication in a newspaper of general circulation within the jurisdiction of this ordinance indicating where and when such list may be examined. Property owners and occupants shall be given one month to inspect the list and suggest necessary changes. They shall be given opportunity to appeal to the county commissioners for such changes in the list, as they request, but which are not made by the zoning administrator. After any necessary changes have been made by the zoning administrator, copies of the list shall be delivered to the county commissioners for approval and recording.
The zoning administrator shall issue certificates of occupancy for legal nonconforming uses. He shall examine them periodically to determine that they do not expand beyond the limitation prescribed in the ordinance.
8.1.1.1.5 Upon specific request of the planning board or county commissioners, to furnish such facts, records, and similar information which will assist such body in reaching its decision.
8.1.1.1.6 To be responsible for keeping this ordinance, including the zoning map, up-to-date and to include any amendments thereto.
8.1.1.1.7 If the zoning administrator shall find that any provisions of this ordinance are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal uses of land, building, or structures; removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; order discontinuance of illegal work being done; or shall otherwise enforce this ordinance to prevent violation of its provisions.
8.2.1 Building permits. A building permit shall be required prior to the erection, construction, moving, or alteration of any building, structure, or portion thereof where the fair market value of the erection, construction, moving, or alteration exceeds $1,000.00. If the fair market value of the erection, construction, moving, or alteration is $1,000.00 or less, then no building permit shall be necessary. Applications for building permit shall be made in writing to the zoning administrator and shall contain all information required by them to ascertain whether the proposed erection, construction, moving, alteration, or use complies with the provisions of this ordinance, and with the submitted plans.
8.2.1.1 Plan in duplicate drawn to scale indicating:
8.2.1.1.1 Actual dimensions and shape of the lot to be built upon.
8.2.1.1.2 Exact size and location on the lot of all buildings and other structures, if any, and the location and dimensions of proposed buildings and other structures or alterations.
8.2.1.1.3 Existing and proposed uses; show the number of families the building is designed to accommodate.
Applications for building permits shall be granted or refused within 15 days from the date of application. One copy of the plans shall be returned to the applicant marked either approved or disapproved and attested to same by the signature of the building and zoning inspector. The second copy of the plans, similarly marked, shall be filed in the office of the zoning administrator.
8.2.1.1.4 Driveways and access roads. Where any driveway or access road is to cross any drainage ditch or adjoin any public street, the party proposing to construct such driveway or access road shall submit a plan to the public works director, accompanied by a fee in the amount established by the board of commissioners. Said plan shall show the grade, location, and design of all improvements, including the concrete culvert at the site of each such crossing. Upon receipt of a plan and the accompanying fee, the public works director shall inspect the proposed location of said driveway or access road and shall review the proposed plan. The public works director shall make such modifications to the proposed plan as deemed appropriate; however, in no event shall the diameter of any required culvert be less than 15 inches. The public works director shall inspect the installation of such driveway or access road upon completion to ensure compliance with the proposed plan. No driveway or access road that is to cross any drainage ditch or adjoin any public street shall be constructed except in accordance with plans approved by the public works director.
8.2.2 Certificate of occupancy. A certificate of occupancy shall be required prior to the occupation for use or change of use of land, building, or structure.
Application for certificate of occupancy shall be made in writing to the zoning administrator.
When use of premises involves a new building or structure, or alterations to an existing building or structure, such application shall be made at the same time application for a building permit is made.
When no construction or alteration is involved, application to occupy and use land may be made at any time. Such application shall contain all information necessary for the zoning administrator to determine whether the proposed occupation and use of land conforms to the provisions of this ordinance.
A certificate of occupancy shall not be issued by the zoning administrator unless the building inspector determines that the construction is in accordance with the plans submitted for the building permit.
An application for a certificate of occupancy shall be granted or refused within 15 days after the zoning administrator has been officially notified of (a) completion of construction, or (b) application to occupy and use land where no construction is involved.
This ordinance shall be enforced by the zoning administrator. No permit or certificate of occupancy provided for in this ordinance shall be granted by him for any purpose except in compliance with the provisions of the ordinance, or with a decision of the county commissioners or the courts.
Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint stating fully the causes and basis thereof, which shall be filed with the zoning administrator. He shall acknowledge such complaint, immediately investigate, and take action thereon as provided in this ordinance.
Application and review fees and other charges shall be as provided in the schedule of fees and charges on file in the office of the county clerk.
(Ord. of 12-14-04(2))
In addition to the payment of fees required herein, if the building inspector determines that, in connection with an application or proposed project, inspections will be required which are beyond the capabilities of his department, he shall so advise the board of commissioners who may in its discretion require that the applicant provide appropriate inspections and certifications to ensure compliance with applicable laws, ordinances, and regulations.
In case any building or structure is erected, constructed, altered, repaired, converted, or maintained, or any building or structure or land is used in violation of this ordinance or of any ordinance regulation made under authority conferred hereby, the county commissioners or, with the approval of the county commissioners, the building inspector or other proper official, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, or restrain, correct, or abate such violation; to prevent the occupancy of said building, structure of land; or to prevent any illegal act, business, or use in or about such premises.