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Metter City Zoning Code

ARTICLE XI

- ADMINISTRATION, ENFORCEMENT, APPEAL, COMPLAINTS, AND REMEDIES

Section 11.00. - Administration and enforcement.

It shall be the duty of the building inspector or his designee to administer and enforce the provisions of this ordinance.

If the building inspector finds that any of the provisions of this ordinance 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 buildings or structures; discontinuance of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions.

He shall order removal of any sign that endangers the public safety; removal of any sign with no permit that requires a permit; removal of any sign otherwise in violation of this ordinance; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions.

Any sign erected in violation of this ordinance may be removed from public property or right-of-way by authorized employees of the city. The responsible party may be cited for such violation.

Section 11.01. - Application for permits.

All applications for land use permits, sign permits, and temporary certificates of zoning compliance shall be accompanied by plans in duplicate 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. Location of adjacent trees of four inches or larger in caliper measured at breast height; 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 inspector, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this ordinance.

One copy of the plans shall be returned to the applicant by the building inspector; after he shall have marked such copy either as approved or disapproved and attested to same by his signature of such copy. The original copy of the plans, similarly marked, shall be retained by the building inspector.

Section 11.02. - Land use and sign permits required.

No building, sign, or other structure shall be erected, moved, added to, or structurally altered without a permit therefor, issued by the building inspector. No land use or sign permit shall be issued by the building inspector except in conformity with the provisions of this ordinance. The building inspector shall issue permits in accordance with this ordinance as well as with the provisions of the building code or other laws in effect. Unlawful uses shall be made to comply with all regulations or shall be removed in accordance with the appropriate provisions set forth in the building code or this ordinance.

Section 11.03. - 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 parts thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the building inspector stating that the proposed use of the building or land conforms to the requirements of this ordinance and other codes and resolutions adopted by the city.

No nonconforming structure or use shall be changed or extended, until a certificate of occupancy shall have been issued by the building inspector.

No permit for erection, alteration, moving, or repair of any building shall be issued until an application for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.

Section 11.04. - Conditional and temporary uses.

Conditional uses, as listed in Article VI, are declared to possess characteristics, which require certain controls in order to insure compatibility with other uses in the district within which they are proposed for location.

11.041. General requirements. Conditional uses shall be permitted subject to a determination by the building inspector that they conform to all conditions set forth by the city council.

11.042. Conditional use administration and duration. Applications for permission to build, erect, or locate a conditional use shall be submitted and processed in accordance with the regulations set forth in this article, prior to the issuance of any permits. The individual or individuals who wants the conditional use permit must be the one who applies for the request and the property owner must give the applicant a letter of permission for that conditional use requested.

11.043. Temporary uses. The building inspector is authorized to issue a temporary certificate of zoning compliance for temporary uses, as follows:

a.

Carnival, circus, or fair, for a period not to exceed twenty-one (21) days, subject to the approval of the city council in the CR, HOC, and CBD Districts.

b.

Religious meeting in a tent or other temporary structure in CR and HOC Districts, for a period not to exceed sixty (60) days.

c.

Open lot sale of Christmas trees, fruit and vegetables, and other harvested products in the CR, HOC, and LI Districts for a period not to exceed forty-five (45) days.

d.

Contractor's office and equipment sheds, in any district, for a period of one year, provided that such office is placed on the property to which it is appurtenant.

e.

All temporary certificates of zoning compliance may be renewed provided that it is determined that said use is clearly of a temporary nature, will cause no increased traffic congestion and will not create a nuisance to surrounding uses.

Section 11.05. - Expiration of land use permit.

If the work described in any land use permit has not begun within six months from the date of issuance thereof, said permit shall expire; it shall be canceled by the building inspector, and written notice thereof shall be given to the persons affected.

Section 11.06. - Complaints regarding violations and remedies.

Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the building inspector. He shall record properly such complaint, immediately investigate, and take action thereon as provided by this ordinance.

Section 11.07. - Penalties for violation.

Any person violating any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be fined, as determined by the court, for each offense. Each day such violation continues shall constitute a separate offense.

Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

Section 11.08. - Appeal from the decision of the building inspector.

It is the intention of this ordinance that all questions arising in connection with the enforcement of the ordinance shall be presented first to the building inspector and that such question shall be presented to the City Council on appeal from the decision of the building inspector.