Except as provided in subsection 1200.1 of this section, the zoning administrator shall have the authority and be responsible for the administration and enforcement of this appendix. The term "administration," as used in this instance, shall include, but not necessarily be limited to, the following functions: interpretation of this appendix; determination of whether or not a use is permitted in a new zone when this appendix does not refer to the use; receipt and processing of rezoning and variance requests; review of site plans; and analysis of rezoning and variance requests.

(Ord. No. 2024-02, § 1, 6-17-2024)

1200.1.

Exceptions.

(A)

The zoning administrator may delegate specific administrative and/or enforcement functions to such other persons as the city council may from time to time assign to the zoning administrator or the zoning administrator's office. The zoning administrator may also delegate specific administrative and/or enforcement functions to such other persons in the city department of transportation and development as the director of said department may from time to time authorize.

(B)

The director of the department of community development shall be responsible for enforcement of the following requirements of this appendix:

(1)

Required front yard, rear yard and side yard spacing.

(2)

Required spacing between buildings.

(3)

Maximum height of buildings and structures.

(4)

Minimum square footage requirements for all residential structures.

(5)

Maximum square footage allowances for all non-residential structures according to plans approved by the zoning administrator and provisional zoning actions taken pursuant to article XV of this appendix.

(6)

Placement of buildings in accordance with plans approved by the zoning administrator and provisional zoning actions taken pursuant to article XV of this appendix.

(C)

The director of community development shall be responsible for ensuring that no building permit, inspection, certificate of occupancy or business license is issued, approved or conducted except in conformance with this appendix.

(D)

The city engineer shall be responsible for enforcement of the following requirements of this appendix: The buffer requirements specified in articles VIII and IX of this appendix and provisional actions taken pursuant to article XV of this appendix.

(E)

The city engineer shall be responsible for ensuring that no clearing/grading permit is issued or approved except in conformance with this appendix.

(Ord. No. 2024-02, § 1, 6-17-2024)

No development activity shall be permitted or undertaken except in conformance with the procedures specified in this section.

1201.1.

General procedures.

(A)

No development shall be permitted or undertaken without the zoning administrator having first certified the predevelopment site plan and evidencing that the proposed development as depicted on said plan is to be in compliance with this appendix; however:

(1)

Such certification shall not be required for single-family dwellings, permitted accessory structures or agricultural related accessory structures when located on a lot shown on a final plat of a residential subdivision which was approved prior to adoption of this appendix;

(2)

The zoning administrator's approval of a final plat for a residential-subdivision shall serve as approval of the predevelopment site plan for single-family dwellings, permitted accessory structures and agricultural related accessory structures.

(B)

The zoning administrator shall establish procedures for receipt, review and approval/disapproval of predevelopment site plans. All developments which require the zoning administrator's certification shall be processed according to procedures so established.

(C)

When a multiple-family, commercial, office, industrial or similar non single-family residential development involves grading or clearing work, as defined by the City of Lovejoy engineering specifications, no building permit (including a permit for foundations or footings for buildings or inspection for same) or building activity (including work on a building foundation or footings) shall be approved for, issued or conducted unless and until the city engineer has certified that the proper permits were issued for said grading work. Nothing in this appendix shall require a grading permit for an individual lot within a subdivision for which a grading permit was issued and a final plat approved.

(D)

No building permit (including a permit for foundations or footings for buildings or inspections for same) shall be approved or issued for a single-family dwelling in a proposed residential subdivision unless and until the zoning administrator and/or city engineer have approved the final plat for said subdivision.

1201.2.

Zoning administrator approval of plans.

(A)

When the zoning administrator's approval is required on plans as stated in subsection 1201.1 of this section, the procedures to be followed shall be specified in the procedures established pursuant to subsection 1201.1(B) of this section.

(B)

The zoning administrator, when reviewing predevelopment site plans, may take any action outlined below:

(1)

Approve as submitted.

(2)

Approve with minor changes, provided such changes are noted on the face of the plans.

(3)

Deny as submitted.

(C)

If the city engineer determines that changes substantially affecting the parking, buffer or building locations are necessary, the zoning administrator must approve the changes before the grading permit is issued.

1201.3.

Building construction.

(A)

A building permit issued by the building inspector is required in advance of the initiation of construction, erection, moving or alteration of any building or structure where the estimated cost of such construction, erection, moving or alteration is estimated to be in excess of $100.00.

(B)

The developer or builder shall stake out, or cause to be staked out, with markers at least 24 inches in height, the required setback distances (front, rear and side yards), building footprint and property lines. This staking shall be in place at the time the building inspector conducts the foundation/footings inspections.

(C)

Upon completion of the build foundation up to the first floor of the building, the builder or developer shall obtain a survey by a registered land surveyor or professional engineer specifying the elevation of the building's first floor, elevations of any floodplain on the lot on which the building is being constructed, and elevations of the ground in all directions 20 feet from the building. This survey shall be required before any further inspections are made or work is undertaken but only if any of the following conditions are met:

(1)

The final plat of the subdivision in which the lot is located shows a floodplain line on any portion of the subject lot.

(2)

The zoning administrator indicates the apparent presence of a 100-year floodplain on the property unless a survey by a registered land surveyor or professional engineer states to the contrary.

(3)

A review of the flood boundary and floodway maps for the city prepared for the Federal Insurance Administration indicates a possibility of the presence of a 100-year floodplain on the subject property unless a registered land surveyor or professional engineer certifies to the contrary.

1201.4.

Final certification of zoning compliance. Any development requiring the zoning administrator's approval of predevelopment plans under subsection 1201.2 of this section is also subject to the requirements of this subsection. Accordingly, prior to obtaining a certificate of occupancy for any such development, the builder/developer shall obtain a final certification of zoning compliance from the zoning administrator. To obtain such final certification, the builder/developer must submit an as-built site plan to the zoning administrator in accordance with such policies and procedures which the zoning administrator is to establish. In lieu of a complete as-built site plan, the builder/developer may submit an as-built site plan for only those items developed different from the approved predevelopment site plan.

1201.5.

Certificate of occupancy. Upon the completion of construction activity requiring a building permit, the developer or builder shall obtain a certificate of occupancy. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof, so requiring a certificate of occupancy without first obtaining a certificate of occupancy for said building or lands. The building inspector shall be responsible for issuance or non-issuance of said certificate. Applications for a certificate of occupancy shall be made on such forms and contain such materials as required by the director of the permits and licenses department.

(Ord. No. 2024-02, § 1, 6-17-2024)

1202.1.

Certificate required. A certificate of use compliance issued by the zoning administrator shall be required before any of the following actions may lawfully occur:

(A)

Use of a residential structure for any non-residential purpose.

(B)

Any change in use of a nonconforming use.

(C)

Issuance of a business license.

1202.2.

Procedures. The zoning administrator is to establish policies and procedures for review and approval/disapproval of requests for certification of use compliance. These policies and procedures are to be followed for use compliance certifications.

(Ord. No. 2024-02, § 1, 6-17-2024)

If no application is made to obtain permits to develop or construct buildings or property or begin exercising a use of a building or land for which the zoning administrator issued a certification of approval within 180 days of issuance of that certification, then the certification is null and void. This section shall apply to all certifications issued pursuant to subsections 1201.2, 1201.4 and section 1202 of this appendix. If a permit issued upon the basis of a certification issued pursuant to subsections 1201.2, 1201.4 and section 1202 of this appendix is canceled or voided, then the certification made by the zoning administrator shall also be voided.

(Ord. No. 2024-02, § 1, 6-17-2024)

If it is found that any of the provisions of this appendix are being violated, the person responsible for such violations shall be notified in writing, indicating the nature of the violation and ordering the action necessary to correct it. Such written notice shall not be a necessary condition precedent to enforcement of this appendix. The zoning administrator shall order discontinuance of illegal use of lands, buildings or structures, or of illegal additions, alterations or structural changes; discontinuance of any illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this appendix to ensure compliance with or to prevent violation of its provisions. When ordering corrective action, the zoning administrator may order removal of structures or portions thereof installed or constructed illegally or otherwise in violation of this appendix.

(Ord. No. 2024-02, § 1, 6-17-2024)

The zoning administrator's actions taken pursuant to this appendix shall be considered as having been on behalf of the mayor and council.

(Ord. No. 2024-02, § 1, 6-17-2024)

Any certifications or permits issued on the basis of plans and applications approved by the zoning administrator authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this appendix.

(Ord. No. 2024-02, § 1, 6-17-2024)

In interpreting and applying the provisions of this appendix, they shall be held to be the minimum requirements for the promotion of health, safety and convenience of the general welfare. The lot or yard area required by these regulations for a particular building yard shall not be diminished and shall not be included as part of the lot or yard areas of any other building. The lot or yard areas of buildings existing at the time this appendix became effective shall not be diminished below the requirements herein, provided for buildings hereafter erected, and such required areas shall not be included as a part of the required areas of any building hereafter erected.

(Ord. No. 2024-02, § 1, 6-17-2024)

All departments, officials and public employees of the City of Lovejoy which are vested with the duty or authority to issue permits or licenses shall issue no permit or license for any use, building or purpose if the same shall be in conflict with the provisions of this ordinance. However, construction, use and development of land and buildings by the City of Lovejoy city council shall be exempt from this appendix.

(Ord. No. 2024-02, § 1, 6-17-2024)

The zoning administrator shall maintain all records of decisions and applications made in pursuance to this appendix.

(Ord. No. 2024-02, § 1, 6-17-2024)

The zoning administrator shall assess, on behalf of the city council, and collect fees for actions pursuant to this appendix based on the fee schedule adopted by the city council by separate action.

(Ord. No. 2024-02, § 1, 6-17-2024)