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Evart City Zoning Code

ARTICLE XI

ADMINISTRATION AND ENFORCEMENT

Sec. 44-440. - Zoning administrator.

A zoning administrator shall be appointed by and on such terms as determined by the city council. The zoning administrator is designated as the authorized city official to issue municipal civil infraction citations directing alleged violators of this chapter to appear in court.

(Ord. of 11-6-2017, § 10.1)

Sec. 44-441. - Duties.

It shall be the duty of the zoning administrator to receive applications for zoning permits and issue or deny the same; to inspect buildings or structures in order to determine compliance with the zoning permits issued in compliance with this chapter, and to be in charge of the enforcement of this chapter. The city council may, in its discretion, instruct the zoning administrator to make efforts to obtain voluntary compliance with this chapter. The city council may instruct the zoning administrator in writing, to initiate a criminal complaint or other legal action. Under no circumstances is the zoning administrator permitted to make changes in this chapter or to vary its terms in carrying out the zoning administrator's duties.

(Ord. of 11-6-2017, § 10.2)

Sec. 44-466. - General compliance and approval requirements.

No person shall erect or move a structure to the extent of more than 100 square feet of floor area or to establish a new use or change in use for any parcel, without a zoning permit. The zoning administrator shall issue a zoning permit if the proposed structure or use is in compliance with the provisions of this article. The applicant shall furnish permits or approvals from the county or state health department, the county or state road commission, and the state department of natural resources, if required, before the zoning administrator may issue a permit. A copy of each zoning permit will be retained by the zoning administrator as a part of the permanent records of the city. The zoning administrator shall promptly inform the applicant of the denial of a zoning permit if the proposed structure or use does not comply with the provisions of this article.

(Ord. of 11-6-2017, § 10.3.1)

Sec. 44-467. - Evidence of ownership.

All applications for zoning permits under the provisions of this article shall include the landowner's signature authorizing the application for the permit and be accompanied with proof of ownership of all property affected by the coverage of the permit. Proof of ownership shall be established by one of the following means:

(1)

Current title policy, or commitment, abstract or attorney's opinion of title;

(2)

For properties in residential districts, a certification of ownership by the owner or his agent, shall be deemed sufficient or such other evidence of ownership as the zoning administrator determines acceptable.

(Ord. of 11-6-2017, § 10.3.2)

Sec. 44-468. - Property boundaries.

In cases where property boundaries are not clearly indicated by corner markers or other means, the zoning administrator may require, at the applicant's expense, the property to be located by a registered surveyor. In cases on properties located along a stream or shoreline, if there is any question of the location of the high-water mark, the zoning administrator may also require this level to be set and marked by a registered surveyor.

(Ord. of 11-6-2017, § 10.3.3)

Sec. 44-469. - Supporting documentation.

In the event the zoning administrator feels additional information is required before determining the suitability of an application for a zoning permit, the zoning administrator may request that the applicant submit such additional information as surveys, deed descriptions, soil suitability tests, surfacewater disposal surveys, erosion control surveys, excavation disposal plans, easements and permits from other governmental agencies.

(Ord. of 11-6-2017, § 10.3.4)

Sec. 44-470. - Voiding permit.

Any permit granted under this section shall become null and void after one year from the date of granting such permit unless the development proposed shall have passed its first county or state construction code inspection. Before voidance is actually declared, the zoning administrator shall notify the applicant of such voiding action by sending a notice by certified mail to the applicant at the address indicated on the permit application. The applicant shall have the option of extending the permit by a maximum of six months upon written notice to the zoning administrator. Said notice shall be filed no later than five working days following the expiration of the permit.

(Ord. of 11-6-2017, § 10.3.5)

Sec. 44-471. - Inspection.

The developer of the property is solely responsible for meeting the conditions and terms of the zoning permit and this chapter.

(Ord. of 11-6-2017, § 10.3.6)

Sec. 44-472. - Fees.

The fees for applications, permits and other requests shall be established by the city council. Fees must be paid before a zoning permit is issued.

(Ord. of 11-6-2017, § 10.4)