(a)

The building official shall administer and enforce this article. He may be provided with the assistance of such other persons as the town council may direct.

(b)

If the building official shall find that any of the provisions of this article are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done, or shall take any other action authorized by this article to ensure compliance with or to prevent violation of its provisions.

(Code 1980, § 19-15(A); Code 1995, § 86-31)

(a)

Required. No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefor, issued by the building official. No building permit shall be issued except in conformity with the provisions of this article, or except after written order from the zoning board of adjustment.

(b)

Application. All applications for building permits shall be accompanied by plans in triplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the building official, including existing or proposed building or alteration; existing or proposed uses of the building and land; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this article.

(c)

Plans. One copy of the plans shall be returned to the applicant by the building official after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The approved copy of the plans shall remain on the job site available to the building official. The second copy of the plans, similarly marked, shall be retained by the building official.

(d)

Expiration. Conditions upon which a building permit shall expire are as follows:

(1)

If the work described in any building permit has not begun within six months from the date of issuance thereof, the permit shall expire and be cancelled by the building official, and written notice thereof shall be given to the persons affected.

(2)

If the work described in any building permit has not been substantially completed within one year of the date of issuance thereof, the permit shall expire and be cancelled by the building official, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a special building permit has been obtained.

(3)

At the discretion of the building official, such special permit may be based on the original application or he may require submission of a new application. The special permit may include limitations on the time allowed for substantial completion of the work, and provisions for a reasonable performance bond to ensure completion within the time limit set.

(Code 1980, § 19-15(B), (C), (E); Code 1995, § 86-32; Ord. No. 06-09, § 3, 11-20-2006)

(a)

It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefor by the building official stating that the proposed use of the building or land conforms to the requirements of this article.

(b)

No nonconforming structure or use shall be maintained, renewed, changed, or extended until a certificate of zoning compliance shall have been issued by the building official. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs from the provisions of this article, provided that upon enactment or amendment of this Code, owners or occupants of nonconforming uses or structures shall have three months to apply for a certificate of zoning compliance. Failure to make such application within three months shall be presumptive evidence that the property was not in conforming use at the time of enactment or amendment of this article.

(c)

No permit for erection, alteration, moving, or repair of any building shall be issued until an application has been made for a certificate of zoning compliance, and the certificate shall be issued in conformity with the provisions of this article upon completion of the work.

(d)

A temporary certificate of zoning compliance may be issued by the building official for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public.

(e)

The building official shall maintain a record of all certificates of zoning compliance, and copies shall be furnished upon request to any person.

(f)

Failure to obtain a certificate of zoning compliance shall be a violation of this article and punishable as provided by this article.

(Code 1980, § 19-15(D); Code 1995, § 86-33)

(a)

The town council shall establish a schedule of fees, charges, and expenses, and a collection procedure, for building permits, certificates of zoning compliance, appeals, and other matters pertaining to this article. This schedule of fees shall be posted in the town offices and may be altered or amended only by the town council.

(b)

No permit, certificate, special exception, or variance shall be issued unless or until such costs, charges, fees, or expenses have been paid in full, nor shall any action be taken on proceedings before the zoning board of adjustment unless or until the required preliminary charges and fees have been paid in full.

(Code 1980, § 19-17; Code 1995, § 86-34)

(a)

The regulations, restrictions and boundaries set forth in this article may from time to time be amended, supplemented, changed, or repealed; provided, however, that no such action may be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the town, and notice of such hearing shall be prominently posted in at least two conspicuous places in town, including the posting of the property for which rezoning is requested, if such be the purpose of the amendment.

(b)

In case, however, of a protest against a change in the zoning classification of property signed by the owners of 20 percent of either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending 300 feet therefrom, or of those directly opposite thereto extending 300 feet from the street frontage of such opposite lots, such amendments shall not become effective except by the favorable vote of four-fifths of the town council.

(Code 1980, § 19-18; Code 1995, § 86-35)