It shall be the duty of the zoning enforcement officer to administer and enforce the provisions of this chapter.

(Ord. of 2-3-2025(1), § 1(Exh. A))

No structure shall hereafter be erected, enlarged or relocated until a permit authorizing the same shall have been issued by the zoning enforcement officer. Such permit shall expire one year from the date of issue unless the applicant commences construction and diligently pursues the construction until completed. Regardless of completion, any permit shall expire within three years.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The zoning enforcement officer shall require that the application for a building permit be accompanied by a plot or lot layout and such other information that is necessary for the enforcement of the provisions of this chapter. The zoning certificate shall be issued on the basis of the application and accompanying plans and shall authorize only the use, arrangement, and construction set forth in approved plans and applications.

Any use, arrangement, or construction at variance with that authorized under this chapter shall be deemed in violation of this chapter. A record of all applications, plans, and zoning certificates shall be kept on file in the office of the zoning enforcement officer and shall be available for public inspection during regular office hours.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The zoning enforcement officer shall publish weekly a list of all zoning certificates in a newspaper of local circulation in Jamestown and on the town's website. Such list shall show the zoning certificates issued during the preceding week, the applicant, assessor's plat and lot, street name and proposed use.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The issuance of a zoning certificate shall, in no way, relieve the applicant of the responsibility of obtaining such permits or approvals as may be required under the provisions of other codes, regulations, and ordinances relating to the use, erection, alteration or modification of a building or structure, or to the use or subdivision of land. However, all other permits or approvals shall conform to this chapter.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A zoning certificate shall be valid for the duration of the use which was the subject of the original application and issuance and shall expire upon the termination of that use.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Nothing is this chapter shall prevent the completion of any construction for which a valid building permit has been heretofore issued, except that such construction shall be initiated within three months after the adoption of this chapter and shall be completed within two years after such adoption. Where such a valid building permit exists, no zoning certificate shall be required.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Any person, group of persons, or corporation that violates any of the provisions of this chapter or any requirement attached to the granting of a Special Use Permit or Variance may be fined not more than $500.00 for each offense. Each day of the existence of the violation shall be deemed a separate offense. Any such fine shall inure to the Town of Jamestown. Immediately upon notification of any violation, the town shall institute appropriate action to prevent, enjoin, abate or remove such violation.

(Ord. of 2-3-2025(1), § 1(Exh. A))

Any person, group of persons, or corporation aggrieved by a decision of the zoning enforcement officer concerning this chapter, may file an appeal in accordance with the provisions of article 2 of this chapter.

(Ord. of 2-3-2025(1), § 1(Exh. A))

The town clerk shall be the custodian of the zoning ordinance and zoning map. It shall be the responsibility of the town clerk to maintain and update the text and the zoning map comprising the ordinance from which this chapter is derived. Changes to the zoning map shall be depicted on the map within 90 days of the authorized change(s).

The planning commission shall be responsible for reviewing the ordinance from which this chapter is derived not less than once every five years, and whenever changes are made to the comprehensive plan. The planning commission shall identify necessary changes and forward these changes to the town council.

(Ord. of 2-3-2025(1), § 1(Exh. A))

A.

Establishment. There is hereby established a sub-committee appointed by the planning commission, to be known as the technical review committee (TRC). The TRC is established to conduct technical reviews of applications such as subdivisions, land development projects, zone changes, and applications within the Village Special Development District. Unless authorized in this chapter as an administrative approval, all such reviews shall be advisory in nature, and in no case shall the recommendations of the TRC be binding on the planning commission in its activities or decisions.

B.

Membership. Membership of the technical review committee shall consist of officials from each office having jurisdiction over the permitting of a project, including the town planner, the building official, the public works director and/or the town engineer, the environmental scientist as needed, a rotating member of the planning commission, and an architectural consultant as needed. The chairman of the planning commission shall assign one rotating member of the commission either (1) to each subdivision, development project or project or (2) monthly, for all projects being heard on the agenda, depending on the current workload of the commission. The chairman shall have the authority to assign or reassign the rotating member for good cause. Written procedures shall be adopted by the planning commission establishing the committee's responsibilities and procedures as part of the planning commission's by-laws.

C.

TRC advisory review. The following type of applications shall be subject to full planning commission review as specified in this article. The TRC shall review such applications and shall make a written advisory recommendation to the planning commission; but in no case shall the recommendations of the TRC be binding on the planning commission in its activities or decisions:

• Any application or action requiring a public hearing before the planning commission;

• Major subdivision or land development project;

• Minor subdivisions or land development project;

• Zone change recommendations to the town council;

• Pre-application review of major subdivisions;

• Development plan review under article 10 of the zoning ordinance for applications meeting the definition of a substantial modification in the CL, CD, CW and P.

D.

TRC administrative review. The application types listed below shall be administratively reviewed and an administrative decision rendered by the TRC. If a majority of the TRC determines that an application does not meet the criteria for administrative review or has a project element(s) that renders public review appropriate or necessary, the application shall be assigned to the planning commission for full review, and the TRC shall conduct advisory review.

• Pre-application review of minor subdivisions (if requested);

• Setting, reducing or releasing performance bonds;

• Requests for reinstatement or extension of applications as required by regulation;

• Recommendations to the town council on matters other than zoning amendments as requested;

• Development plan review under article 10 of the zoning ordinance for applications meeting one or more of the following criteria in the CL, CD, CW and P.

1)

The development of new single-family dwellings;

2)

A change in parking layout or the addition of up to 15 parking spaces; or

3)

A change in site design or lot coverage that changes the on-site drainage patterns and how stormwater may impact abutting or nearby properties.

E.

Appeals. If an applicant is aggrieved by an administrative decision of the TRC on an administrative review, an applicant may request that the application be heard by the planning commission at a regular planning commission meeting, with all required items for submittal, as a full application for advisory review in C. above. Additional TRC review will not be necessary in such situations unless significant changes to the application have been made prior to being heard by the planning commission. TRC recommendations are not subject to appeal as they are not binding on the planning commission.

F.

Records. Advisory recommendations of the technical review committee to the planning commission shall be in writing and shall be kept as part of the permanent documentation of the development application. Administrative review applications shall be provided a formal written decision that will be reported to the planning commission at the next regular planning commission meeting.

(Ord. of 2-3-2025(1), § 1(Exh. A))