Madison City Zoning Code

ADMINISTRATION AND

ENFORCEMENT

§ 151.255 ADMINISTRATING OFFICER.

This chapter shall be administered and enforced by the Zoning Administrator who shall be appointed by the City Council.

(Ord. 333, passed 12-27-2004)

§ 151.256 DUTIES OF ADMINISTRATOR.

An administrative staff member designated by the city shall be the enforcement officer and shall be responsible for the enforcement of this chapter. The duties of the Zoning Administrator shall be as follows:

(A) Examine all applications pertaining to the use of land, buildings, or structures and grant approval of, and issue permits or take other appropriate action on, such applications when in conformance with the provisions of this chapter;

(B) Keep a record of all nonconforming uses within the several zoning districts of the city;

(D) Notify, in writing, any person responsible for violating a provision of this chapter, indicating the nature of the violation and ordering the action necessary to correct it;

(E) Order discontinuance of illegal use of land, buildings, or structures, order removal of illegal buildings, structures, additions or alterations, order discontinuance of illegal work being done or take any other action authorized by this chapter to insure compliance with or to prevent violation of its provisions;

(F) Maintain permanent and current records of this chapter, including all maps, amendments, conditional uses, and variances;

(G) Maintain a current file of all permits, zoning certificates, certificates of zoning compliance, and notices of violation, discontinuance or removal, for such time as necessary to insure a continuous compliance with the provisions of this chapter and, on request, provide information to any person having a proprietary or tenancy interest in any specific property or to an individual seeking an understanding or clarification of the regulations and procedures stipulated in this chapter; and

(H) Attend all scheduled Planning and Zoning Commission meetings and hearings in an ex-officio capacity. The responsibility for drafting recommendations, resolutions, and decisions for the public record may be assigned to the Zoning Administrator at the option of the chairperson of the Commission or Board.

(Ord. 333, passed 12-27-2004)

§ 151.257 ZONING PERMIT.

(A) Permit required. Unless and until a zoning permit shall first have been obtained from the Zoning Administrator:

(1) The construction, reconstruction that affects the exterior footprint, or moving of any structure shall not be commenced;

(2) The improvement of land preliminary to any use of the land shall not be commenced;

(3) Any zoning permit issued in conflict with the provisions of this chapter shall be null and void.

(B) Application for zoning permit. Application for zoning permits shall be made to the Zoning Administrator on forms provided by the city. Every application for a zoning permit shall contain at least the following information and shall be accompanied by at least the following documents, unless any specifically required information or document is waived in writing by the Zoning Administrator as not relevant or necessary to determine that all provisions of this chapter have been met in a particular case:

(1) A plat of the piece or parcel of land, lot or lots, block or blocks or parts or portions thereof, showing the actual dimensions of the piece or parcel, lot or lots, block or blocks or parts or portions thereof, according to the recorded plat of the land;

(2) A site plan of the property illustrating the proposed development of the property and including the following:

(a) Property boundary lines, dimensions of the property, and north arrow;

(b) Location and dimensions of buildings, including height in stories and feet and including total square feet of ground area coverage and floor area of all existing and proposed buildings and the planned use of each building;

(d) Adjacent streets and alleys with the properties street address;

(e) Location and dimensions of all driveways, entrances, curb cuts, parking stalls, loading spaces, access aisles, and total lot coverage of all parking, loading, driveway, and aisle areas;

(f) Any information necessary to determine that conditions imposed upon the grant of a conditional use permit have been complied with; and

(g) Any other information that may be required by the Zoning Administrator to determine that the application is in compliance with this chapter.

(C) Issuance of zoning permit. A zoning permit shall be either issued or refused by the Zoning Administrator within 10 calendar days after the receipt of an application therefore, or within such further period as may be agreed to by the applicant in writing. One copy of all plans shall be returned to the applicant by the Zoning Administrator after he or she shall have marked the copy either as approved or disapproved and attested to the same by his or her signature on the copy. A second copy of the plans, similarly marked, shall be retained by the Zoning Administrator.

(D) Period of validity. Whenever within 1 year after granting a zoning permit the work as permitted by the permit shall not have been completed, then the permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. The extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original zoning permit. There shall be no charge for the filing of the petition. The request for extension shall state facts showing a good faith attempt to complete the work permitted in the zoning permit. The petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision and shall be requested only one time on a singular action. The extension shall be granted by the City Council for a period determined sufficient to complete the work permitted.

(E) Fees.

(1) Fees associated with applications and requests for this chapter shall be as established by resolution or ordinance by the City Council.

(2) Fees shall be payable at the time applications are filed with the Administrator and are not refundable unless application is withdrawn prior to referral to the Planning Commission. There shall be no fee in the case of applications filed in the public interest by members of the Council or by the Planning Commission.

(Ord. 333, passed 12-27-2004)

§ 151.999 PENALTY.

(A) Separate offenses. Each day a violation of this chapter is committed or permitted to continue shall constitute a separate offense and shall be punishable under this section.

(B) Misdemeanor. Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, thereof, shall be punished as set forth in § 10.99.