Madison County Unincorporated
City Zoning Code
City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 93.195 ENFORCEMENT.
The Zoning Administrator of the county, with the approval and consent of the Building and Zoning Committee, shall enforce this zoning code. The Committee shall further consult other county departments, agencies and committees, as appropriate in their review. These agencies, departments, and committees include, but are not limited to, the County Maps and Plats Department, the County Environmental Protection Agency, and the County Superintendent of Highways.
(Ord. 2014-18, passed 4-16-2014)
§ 93.196 POWERS AND DUTIES.
(A) Powers. The Zoning Administrator shall administer and enforce this zoning code, and in addition thereto and in furtherance of his or her authority he or she shall:
(1) Issue and receive all applications, permits, licenses, and certificates authorized under the terms of this zoning code only when all provisions of the zoning code have been complied with.
(2) Examine and review applications pertaining to the use of land, building, or structures s appropriate and examine all building permits for conformity with this zoning code.
(3) Forward for action to the appropriate review body all special use, variance, amendment and other applications with all pertinent documentation required.
(4) Conduct or have conducted such inspections as are necessary to determine compliance with the terms of this zoning code.
(5) Provide and maintain public information bureau relative to all matters arising out of this zoning code.
(6) Maintain permanent and current records of all the above including maps and amendments to this zoning code.
(B) Notices, hearings, and orders. Whenever the Zoning Administrator has determined from inspection or from other means that reasonable grounds exist to believe there has been a violation of the zoning code the Administrator shall give notice of the violation to the person to whom the permit or license is issued. This notice shall:
(1) Be in writing;
(2) Include a statement of the reasonable time for the performance of any act it requires;
(3) Be served upon the owner or his or her agent as the case may require; provided, that such notice or order shall be deemed to have been properly served upon the owner or agent when a copy thereof has been sent by registered mail to his or her last known address or when he or she has been served with the notice by any method authorized or required by the laws of this state; and
(4) Contains an outline of remedial action, which, if taken, will affect compliance with this zoning code.
(C) Reinspection. At the end of such period, the Zoning Administrator shall reinspect the violation and if the conditions or practices have not been corrected he or she shall submit the file concerning the violation to the Building and Zoning Committee to determine subsequent appropriate actions.
(D) Stop order. Whenever any building or grading work is being done, or uses established, altered, or otherwise changed in a manner contrary to this zoning code, the approved permit, or site plan, the Zoning Administrator or other authorized person may order the work stopped by notice in writing served on any person engaged in doing or causing the work to be done and any such person shall forthwith stop the work until authorized by the Administrator to proceed.
(E) Staying of work on premises. When an appeal from the decision of the Administrator concerning a stop order has been taken and filed with the Board of Appeals, the stop order shall not take effect unless the Administrator certifies to the Board that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, the stop order is granted by the Circuit Court of Madison County, on application, on notice to the Administrator and the owner of the premises affected, and on due cause show.
(F) Emergency action. Whenever the Administrator finds that an emergency exists which requires immediate action to protect the public health or safety, he or she may without notice of hearing issue an order reciting the existence of such an emergency and require that such action be taken as he or she may deem necessary to meet the emergency including the suspension of zoning permit. He or she shall immediately notify the Building and Zoning Committee of the County Board of such action. Notwithstanding any other provisions of this zoning code, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the Administrator shall be afforded a hearing as soon as possible under § 93.177(H).
(Ord. 2014-18, passed 4-16-2014; Ord. 2024-01, passed 3-5-2024)
§ 93.197 PROSECUTION.
Whenever violation of this zoning code occurs, any person, including the Zoning Administrator or any other duly authorized county official or personnel in addition to and not by way of limitation of other remedies available, may file complaint in the court of competent jurisdiction.
(Ord. 2014-18, passed 4-16-2014)
§ 93.999 PENALTY.
(A) Any person, firm or corporation who violates, disobeys, omits neglects, or refuses to comply with or resists the enforcement of any of the provisions of this zoning code shall be fined not less than $10 nor more than $500. Each day such a violation or failure to comply is permitted to exist after notification thereof shall constitute separate offense.
(B) In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building or land is used in violation of this chapter or any ordinance, resolution or other regulation made under authority conferred thereby, the proper authorities of the county, or any person the value or use of whose property is or may be affected by such violation, in addition to other remedies, may institute any appropriate action or proceedings in the Circuit Court to prevent such unlawful erection, construction, reconstruction, alteration repair conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
(Ord. 2014-18, passed 4-16-2014)
APPENDIX A: CORNER LOT AND SIGN AREA
(Ord. 2014-18, passed 4-16-2014)
APPENDIX B: FENCING
(Ord. 2014-18, passed 4-16-2014)