- ADMINISTRATION, ENFORCEMENT, PENALTIES, AND REMEDIES
The duties related to administration and enforcement of this chapter are hereby conferred upon the zoning administration. It shall also be the duty and responsibility of each officer and employee of the county and especially of each member of the police and fire departments to assist the zoning administrator by reporting any new construction and reconstruction of buildings, new land uses and apparent violations of this chapter.
(Ord. of 7-20-2009, § 100)
(a)
All applications for building permits for the construction of any building or for the alteration of any building where such alteration will cause an increase in the land coverage of such building shall be accompanied by an acceptable drawing or plat in duplicate drawn to scale showing the site plan, the location of the building on the lot as constructed or altered, accurate dimensions of the building and lot and such other information as may be necessary to enable the zoning administrator to determine that the proposed structure and use of land will conform to the provisions of this chapter.
(b)
Such plan shall be in accord with and accompanied by a boundary line survey made by a qualified surveyor duly registered to practice in the state. The original copy of such applications and plans shall be kept in the office of the zoning administrator and the duplicate copy shall be kept with the building permit at the building at all times during construction.
(c)
In addition to the requirements stated in subsections (a) and (b) of this section, plats and drawings accompanying an application for a building permit for construction or alteration in the V-P, O-I, C-1, C-2 and M districts shall show location, dimensions and identification of all existing and proposed structures, recreation areas, common open areas, landscaping, buffer areas, walls; walkways and similar features; location, layout, dimensions and turning radii of all streets, driveways, maneuver areas and parking areas; and any other information necessary to adequately portray proposed vehicular circulation, parking and other significant features of the development.
(d)
In those zoning districts requiring compliance with the architectural standards, adequate plans shall be submitted to determine compliance with those standards. Such documents shall include floor plans for each floor, architectural front and side elevation plans, and a section plan to determine compliance with roof slope and height requirements. The plans shall be drawn to scale and of professional quality. Permit applications that seek to introduce a new building type, lot layout, and/or massing that does not have a historical precedent in the county shall be executed by a registered architect.
(Ord. of 7-20-2009, § 101)
(a)
An application for a variance, interpretation or other appeal shall be filed with the office of the zoning administrator at least 60 days prior to the meeting of the board of appeals at which it is to be heard. Each application shall be accompanied by a plat drawn to scale containing the following information:
(1)
All property lines with dimensions.
(2)
Location of buildings and other structures, creeks and easements referenced to property lines.
(3)
North arrow, scale, lot and block numbers and land lot.
(4)
Topographic and drainage information if pertinent.
(b)
Each application for a variance, interpretation or other appeal shall be accompanied by a remittance of a fee in an amount set by the board of commissioners to partially cover the cost of advertising, field investigation and other expenses involved in processing the application.
(c)
After review and recording by the zoning administrator, the application for variance, interpretation or other appeal shall be processed in accordance with the appeals procedure in article VIII of this chapter.
(d)
When action is unfavorable on an application for variance, interpretation or other appeal or where appellant withdraws the application prior to final action by the board, the application may not be resubmitted at lesser intervals than one year.
(Ord. of 7-20-2009, § 102; Ord. of 6-5-2023, § 9)
(a)
No building permit shall be issued for any construction, reconstruction or alteration of a structure unless the zoning administrator has issued a certificate of zoning compliance for such construction, reconstruction or alteration. Such certificate shall be issued only when such use complies with all provisions of this chapter and all other county ordinances.
(b)
No existing structure or plot of land may be used or occupied for any purpose or use for which it is not presently being used unless a certificate of compliance shall have been applied for and issued by the zoning administrator. Such certificate shall be issued only when such proposed change of use complies with all provisions of this chapter.
(c)
No fee shall be charged for an original certificate of zoning compliance as required herein. For each copy of an original certificate there shall be a charge which shall be remitted to the county clerk. The amount of the fee charged for a copy of an original certificate shall be as established by the board of commissioners from time to time.
(Ord. of 7-20-2009, § 103)
Any person violating any provision of this chapter or who shall fail to do anything required by this chapter shall be deemed guilty of an offense and upon conviction in magistrate's court shall be punished according to the penalties described in section 1-11.
(Ord. of 7-20-2009, § 104)
In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is or is proposed to be used in violation of any provision of this chapter, the zoning administrator, county attorney or other appropriate authority of the county or any adjacent or neighboring property owner who would be especially damaged by such violation may, in addition to other remedy, institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use or to correct or abate such violation, or to prevent the occupancy of such building, structure or land. Where a violation of these regulations exists with respect to a structure or land, the planning and zoning commission may, in addition to other remedies, notify all public utilities and county service departments of such violation and request that service be withheld therefrom until such time as the structure or premises are no longer in violation of these regulations.
(Ord. of 7-20-2009, § 105)
The remedies herein provided shall not be exclusive but shall be cumulative of all other remedies provided by law.
(Ord. of 7-20-2009, § 106)
- ADMINISTRATION, ENFORCEMENT, PENALTIES, AND REMEDIES
The duties related to administration and enforcement of this chapter are hereby conferred upon the zoning administration. It shall also be the duty and responsibility of each officer and employee of the county and especially of each member of the police and fire departments to assist the zoning administrator by reporting any new construction and reconstruction of buildings, new land uses and apparent violations of this chapter.
(Ord. of 7-20-2009, § 100)
(a)
All applications for building permits for the construction of any building or for the alteration of any building where such alteration will cause an increase in the land coverage of such building shall be accompanied by an acceptable drawing or plat in duplicate drawn to scale showing the site plan, the location of the building on the lot as constructed or altered, accurate dimensions of the building and lot and such other information as may be necessary to enable the zoning administrator to determine that the proposed structure and use of land will conform to the provisions of this chapter.
(b)
Such plan shall be in accord with and accompanied by a boundary line survey made by a qualified surveyor duly registered to practice in the state. The original copy of such applications and plans shall be kept in the office of the zoning administrator and the duplicate copy shall be kept with the building permit at the building at all times during construction.
(c)
In addition to the requirements stated in subsections (a) and (b) of this section, plats and drawings accompanying an application for a building permit for construction or alteration in the V-P, O-I, C-1, C-2 and M districts shall show location, dimensions and identification of all existing and proposed structures, recreation areas, common open areas, landscaping, buffer areas, walls; walkways and similar features; location, layout, dimensions and turning radii of all streets, driveways, maneuver areas and parking areas; and any other information necessary to adequately portray proposed vehicular circulation, parking and other significant features of the development.
(d)
In those zoning districts requiring compliance with the architectural standards, adequate plans shall be submitted to determine compliance with those standards. Such documents shall include floor plans for each floor, architectural front and side elevation plans, and a section plan to determine compliance with roof slope and height requirements. The plans shall be drawn to scale and of professional quality. Permit applications that seek to introduce a new building type, lot layout, and/or massing that does not have a historical precedent in the county shall be executed by a registered architect.
(Ord. of 7-20-2009, § 101)
(a)
An application for a variance, interpretation or other appeal shall be filed with the office of the zoning administrator at least 60 days prior to the meeting of the board of appeals at which it is to be heard. Each application shall be accompanied by a plat drawn to scale containing the following information:
(1)
All property lines with dimensions.
(2)
Location of buildings and other structures, creeks and easements referenced to property lines.
(3)
North arrow, scale, lot and block numbers and land lot.
(4)
Topographic and drainage information if pertinent.
(b)
Each application for a variance, interpretation or other appeal shall be accompanied by a remittance of a fee in an amount set by the board of commissioners to partially cover the cost of advertising, field investigation and other expenses involved in processing the application.
(c)
After review and recording by the zoning administrator, the application for variance, interpretation or other appeal shall be processed in accordance with the appeals procedure in article VIII of this chapter.
(d)
When action is unfavorable on an application for variance, interpretation or other appeal or where appellant withdraws the application prior to final action by the board, the application may not be resubmitted at lesser intervals than one year.
(Ord. of 7-20-2009, § 102; Ord. of 6-5-2023, § 9)
(a)
No building permit shall be issued for any construction, reconstruction or alteration of a structure unless the zoning administrator has issued a certificate of zoning compliance for such construction, reconstruction or alteration. Such certificate shall be issued only when such use complies with all provisions of this chapter and all other county ordinances.
(b)
No existing structure or plot of land may be used or occupied for any purpose or use for which it is not presently being used unless a certificate of compliance shall have been applied for and issued by the zoning administrator. Such certificate shall be issued only when such proposed change of use complies with all provisions of this chapter.
(c)
No fee shall be charged for an original certificate of zoning compliance as required herein. For each copy of an original certificate there shall be a charge which shall be remitted to the county clerk. The amount of the fee charged for a copy of an original certificate shall be as established by the board of commissioners from time to time.
(Ord. of 7-20-2009, § 103)
Any person violating any provision of this chapter or who shall fail to do anything required by this chapter shall be deemed guilty of an offense and upon conviction in magistrate's court shall be punished according to the penalties described in section 1-11.
(Ord. of 7-20-2009, § 104)
In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is or is proposed to be used in violation of any provision of this chapter, the zoning administrator, county attorney or other appropriate authority of the county or any adjacent or neighboring property owner who would be especially damaged by such violation may, in addition to other remedy, institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use or to correct or abate such violation, or to prevent the occupancy of such building, structure or land. Where a violation of these regulations exists with respect to a structure or land, the planning and zoning commission may, in addition to other remedies, notify all public utilities and county service departments of such violation and request that service be withheld therefrom until such time as the structure or premises are no longer in violation of these regulations.
(Ord. of 7-20-2009, § 105)
The remedies herein provided shall not be exclusive but shall be cumulative of all other remedies provided by law.
(Ord. of 7-20-2009, § 106)