(a)   It shall be the duty of the Zoning Inspector, who shall be appointed by Council, to enforce this Zoning Code. It shall also be the duty of all officials and employees of the Municipality to assist the Zoning Inspector by reporting to him or her upon new construction, reconstruction or land uses or upon seeing violations.

   (b)   Appeals from the decisions of the Zoning Inspector may be made to the Board of Zoning Appeals, as provided in Chapter 1164. Appeals from the decisions of the Board of Zoning Appeals may be may be made to the whole Council.

   (c)   When the downtown historic district is involved, the Zoning Inspector shall have the duties and powers to recommend to Council upon approval of the Board of Zoning Appeals the geographic boundaries of additions or changes in the downtown historic district, and to issue zoning/building/sign permits prior to the construction, erection, alteration removal, painting, signing, re-signing, moving or demolition of any structure in the downtown historic district, or the alteration, painting, signing or re-signing, moving or demolition of any historic landmark. No permission for the construction, erection, alteration, painting signing or re-signing, removal, moving or demolition of any structure or building in the downtown historic district, shall be issued where such action will affect the exterior architectural features of any such structure or building, unless a zoning/building/sign/permit has been issued. Applications may be secured from the zoning office. Historic color charts will be available in the Zoning office for review at the time of application.

   (d)   The Mayor or President of Council shall be appointed as temporary Zoning Inspector in the absence of the Zoning Inspector.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1560. Passed 1-28-98; Am. Ord. 1905. Passed 12-13-11.)

   (a)   It shall be unlawful for an owner to use or to permit the use of any structure, building or land, or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly, until a zoning certificate shall have been issued by the Zoning Inspector therefore. It shall be the duty of the Zoning Inspector to issue a certificate, provided that he or she is satisfied that the structure, building or premises and the proposed use thereof conform with all the requirements of this Zoning Code. No permit for excavation, construction or reconstruction shall be issued by the Zoning Inspector unless the plans, specifications and the intended use conform to the provisions of this Zoning Code.

   (b)   Upon written request from the owner or tenant, the Zoning Inspector shall issue a zoning certificate for any building or premises existing at the time of enactment of this Zoning Code, certifying, after inspection, the extent and kind of use made of the building or premises and whether such use conforms to the provisions of this Zoning Code. No charge shall be made for issuing a zoning certificate in accordance with this division.

   (c)   In cases of emergencies, a tenant/landowner has three working days to obtain a permit according to Section 1162.05(a).

   (d)   Upon the start of any new business, the business owner/operator shall apply for a permit/certificate with the Zoning Inspector. The Zoning Inspector shall issue or deny a permit within seven days from written request. The cost of said permit is ten dollars ($10.00). However, if new business is also making application for a sign permit, no additional fee will be required.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1560. Passed 1-28-98; Am. Ord. 1905. Passed 12-13-11.)

   Except as otherwise provided in this Zoning Code, a zoning certificate shall be required for any of the following:

   (a)   Construction or structural alteration of any building, including accessory buildings.

   (b)   A change in use of an existing building or accessory building to a use of a different classification.

   (c)   Occupancy and use of vacant land.

   (d)   A change in the use of land to a use of a different classification.

   (e)   Any change in the use of a nonconforming use.

   (f)   All lawful nonconforming uses of land or buildings created by the adoption of this Zoning Code, or any amendment thereto.

   (g)   Note: see definitions of “contractor” and “sub-contractor” in Section 1160.07.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

   (a)   Written application shall be made for a zoning certificate for the construction of a new building or the alteration of an existing building. Such certificate shall be issued within ten days after a written request for the same has been made to the Zoning Inspector or his or her agent, provided that such construction or alteration is in conformity with the provisions of this Zoning Code.

   (b)   Written application for a zoning certificate for the use of vacant land, for a change in the use of land or of a building, or for a change in a nonconforming use, as provided in this Zoning Code, shall be made to the Zoning Inspector. If the proposed use is in conformity with the provisions of this Zoning Code, the certificate therefore shall be issued within fifteen days after the application for the same has been made.

   (c)   Every application for a zoning certificate shall be accompanied by one plot plan, and such other plans as shall be necessary to show the location and type of buildings to be erected or alterations to be made. Where construction or physical improvement of the land is involved, the lot and location of the buildings to be erected thereon shall be staked out on the ground before construction is started, and all dimensions shown on filed plans shall be based on an actual survey.

      (1)   Each plan shall show the following:

         A.   The street providing access to the lot and the exact location of the lot in relation to the nearest cross street;

         B.   The name of the concerned lot plan, if any, and the lot numbers of the concerned and abutting properties;

         C.   The actual dimensions of the lot, the yard and other open space dimensions thereof, and the location and size of any existing structure thereon;

         D.   The location and size of the proposed structure and/or the proposed enlargement of the existing structure; and

         E.   Any other information which, in the judgment of the Zoning Inspector, may be necessary to provide for the enforcement of this Zoning Code.

      (2)   Each plan shall bear statements declaring:

         A.   That no part of the land involved in the application has been previously used to provide required yard space or lot area for another structure; and

         B.   Which abutting land was formerly that of the owner of the land involved in the application and, if any, the approximate date of the title transfer.

   Where complete and accurate information is not readily available from existing records, the Zoning Inspector may require the applicant to furnish a survey of the lot by a registered engineer or surveyor.

   Each property owner or authorized agent shall be required to attest to the correctness of the statements and data furnished with the application.

   A file of such applications and plans shall be kept in the office of the Zoning Inspector.

   (d)   The Zoning Inspector shall not issue a zoning certificate for any application requiring site plan review by the Planning Commission, namely, planned unit development projects (Chapter 1180), mobile home parks (Section 1172.01), and commercial and industrial development projects (Section 1174.08), unless the proposed site plan has been approved by the Commission and any necessary zone changes are adopted by the Council.

   (e)   After construction or structural alteration for which a certificate/permit has been completed, the applicant of such certificate/permit shall notify the Zoning Inspector in writing within seven days from completion of the project. The Zoning Officer shall, within seven days of notification, inspect the construction or structural alteration and issue a certificate of completion if project is in conformity with the plan and zoning ordinance.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

   (a)   A fee, in accordance with the following schedule, shall accompany each application for a zoning certificate:

   Single-family dwelling   $100

   Accessory building, new business, sign or fence    10

   Two-family dwelling    200

   Multiple-family dwelling    300

   Each additional family unit in excess of three    100

   Maximum fee for a multiple-family dwelling, commercial,

    industrial or institutional use and mobile home park    500

   Each additional 5,000 square feet of commercial or industrial

    building floor space or fraction thereof, in excess of 10,000

    square feet of floor space   No additional fee

The fee for the application for a certificate for the use of land not involving structures, including changes in the use of land shall be $10.

   (b)   The Zoning Inspector or his or her agent shall forthwith deposit all fees with the Fiscal Officer, who shall credit such fees to the credit of the General Revenue Fund of the Municipality.

   (c)   Every zoning certificate shall state that the building or the proposed use of a building or land complies with all provisions of law. A record of all zoning certificates shall be kept on file in the office of the Zoning Inspector or his or her agent, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building or land affected.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1560. Passed 1-28-98; Am. Ord. 1905. Passed 12-13-11.)

   A zoning certificate shall be required for all lawful nonconforming uses of land or buildings created by the adoption of this Zoning Code. Application for such a certificate for a nonconforming use shall be filed with the Zoning Inspector by the owner or lessee of the building or land occupied by such nonconforming use within one year of the effective date of this Zoning Code. It shall be the duty of the Zoning Inspector to issue a certificate for a lawful nonconforming use, but failure to apply for such certificate for a nonconforming use, or refusal of the Zoning Inspector to issue a certificate for such nonconforming use shall be evidence that such nonconforming use was either illegal or did not lawfully exist on the effective date of this Zoning Code. No charge shall be made for issuing a zoning certificate in accordance with this section.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

   Any certificate issued upon a false statement of any fact which is material to the issuance thereof shall be void. Whenever the fact of such false statement shall be established to the satisfaction of Council, the certificate shall be revoked by a notice, in writing, to be delivered to the holder of the void certificate upon the premises concerned or, if such holder is not found there, by posting such notice of revocation in some conspicuous place upon such premises. Any person who shall proceed thereafter with the work or use without having obtained a new certificate in accordance with this Zoning Code shall be deemed in violation of this Zoning Code.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

   It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or land in violation of any provision of this Zoning Code, or any amendment or supplement thereto adopted by Council.

(Ord. 1905. Passed 12-13-11.)

   In addition to the penalty provided in Section 1162.99, in case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land is or is proposed to be used, in violation of this Zoning Code, or any amendment or supplement thereto, the Zoning Inspector, Solicitor or any adjacent or neighboring property owner who would be especially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action, actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

   (a)   Any person, firm or corporation violating any provision of this Zoning Code shall be deemed guilty of a minor misdemeanor and shall be fined not more than one hundred and fifty dollars ($150.00). Each and every day during which an illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues is deemed a separate offense.

   (b)   Any person, firm or corporation violating any provision of this Zoning Code that results in a second offense within 365 days of the first offense shall be deemed guilty of a misdemeanor of the fourth degree, and may be punished up to thirty days in jail and fined up to two hundred and fifty dollars ($250.00).

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)