Zoneomics Logo
search icon

Healdton City Zoning Code

ARTICLE VII

ADMINISTRATION2


Footnotes:
--- (2) ---

Editor's note— Since Ord. No. 178, §§ 1—7, adopted April 18, 1983, was not specifically amendatory of the Code, its provisions have been codified as superseding the provisions of former Art. VII, which pertained to similar subject matter and was derived by Ord. No. 63, adopted Nov. 17, 1959.


Section 1. - Building Permit or Certificate of Occupancy Required:

These regulations shall be enforced by a zoning administration appointed by the city manager. It shall be a violation of these regulations for any person to change or permit the change in the use of land or buildings or structures or to erect, alter, move or improve any building or structure until a building permit or certificate of occupancy has been obtained under the following conditions.

(Ord. No. 376, 6-7-21)

1.1 - Building Permits:

Whenever any structure or building is improved in an amount exceeding fifteen hundred dollars ($1,500.00), or erected, moved or structurally altered, a building permit shall be obtained from the zoning administration. The administration may require every applicant for a building permit to furnish the following information:

(a)

A site development plan.

(b)

A declaration of the existing and intended use of each existing and proposed building or structure on the lot and the number of families and housekeeping units which each existing building accommodates and which each existing and proposed building is designed to accommodate.

(c)

Additional information relating to the proposed improvement needed to determine compliance with these regulations.

(d)

Evidence of ownership of the property that includes a legal description of the area to be built upon.

(Ord. No. 376, 6-7-21)

1.2 - Fees for Building Permits:

The cost of a building permit shall be in the amount set forth in the Code of the City of Healdton.

(Ord. No. 376, 6-7-21)

1.3 - Certificate of Occupancy:

No change shall be made in the use of any land or building or structure after the passage of these regulations until a certificate of occupancy [is obtained] from the zoning administration certifying that all provisions of these regulations are complied with. Whenever a building permit is issued for the erection of a new building or structure, an occupancy permit shall be required.

(Ord. No. 376, 6-7-21)

Section 2. - Violations and penalties:

A violation of these regulations shall be deemed a misdemeanor and shall be punishable by fine. Any person, firm or corporation who violates or refuses to comply with any of the provisions of these regulations shall be fined in accordance with Chapter 8, Article I, Section 8-2 of the Healdton City Code (pertains to fines for continuing violations). Each day that a violation is permitted to exist shall constitute a separate offense.

(Ord. No. 376, 6-7-21)

Section 3. - Amendments:

The city council may, from time to time, on its own motion, or on petition from a property owner, or on recommendation of the planning commission, amend the regulations and districts herein established. No change in regulations, restrictions or district boundaries shall become effective until after a public hearing held in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the time and place of such hearing shall be published in an official paper or paper of general circulation in the City of Healdton. Notice of a public hearing on any proposed zoning change shall be given twenty (20) days prior to the hearing by mailing written notice by the secretary of the planning commission or by the municipal clerk to all owners of property within a three-hundred-foot radius of the exterior boundary of the subject property. The notice shall contain:

(1)

Legal description of the property and the street address or approximate location in the municipality;

(2)

Present zoning and classification of the property and the classification sought by the applicant; and

(3)

Date, time and place of the public hearing.

(Ord. No. 376, 6-7-21)

3.1 - Passage by the City Council:

Every such proposed amendment shall be referred by the planning commission for report. If a protest against such amendment be presented, duly signed, and acknowledged by the owners of twenty (20) percent or more of the land within such area proposed to be altered, or by the owners of twenty (20) percent or more of the area of the lots immediately abutting either side of the territory included in such proposed change, or separated therefrom only by an alley or street, such amendment shall not be passed except by the favorable vote of three-fourths (¾) of the city council.

Whenever the owners of fifty-one (51) percent of the land in any area shall present a petition duly signed and acknowledged to the city council requesting an amendment of the regulations prescribed for such area, it shall be the duty of the city council to vote upon such amendment within ninety (90) days of the filing of same by the petitioners with the city clerk.

For each petition for amendment of these regulations, the applicant shall provide at his/her own expense a list of the owners of property within a three-hundred-foot radius of the proposed site, and pay a filing fee of fifty dollars ($50.00) plus the cost of legal publication to the city clerk.

(Ord. No. 376, 6-7-21)

Section 4. - Classification of New Additions:

All new additions and annexations of land to the City of Healdton shall be in a R-1 residential zone unless otherwise classified by the city commission for a period of time not to exceed one (1) year from the effective date of the ordinance annexing said addition.

Within this one-year period of time, the city council shall instruct the planning commission to study and make recommendations concerning the use of land within said annexation to promote the general welfare and in accordance with the comprehensive city plan, and upon receipt of such recommendations, the city council shall, after public hearings as required by law, establish the district classification of said annexation; provided, however, that this shall not be construed as preventing the city council from holding public hearings prior to annexation and establishing the district classification at the time of said annexation.

(Ord. No. 376, 6-7-21)

Section 5. - Invalidity of a Part:

In case any portion of these regulations shall be held to be invalid or unconstitutional, the remainder of these regulations shall not thereby be invalid, but shall remain in full force and effect.

(Ord. No. 376, 6-7-21)

Section 6. - Repeal of Conflicting Ordinances:

Any ordinance now in effect that conflicts with any provisions of these regulations is hereby repealed, held to be invalid and to no effect.

(Ord. No. 376, 6-7-21)

Section 7. - Emergency Clause:

Whereas an emergency exists for the immediate taking effect of these regulations adopted by ordinance; therefore, the same shall be in full force and effect from and after its passage.

(Ord. No. 376, 6-7-21)