A.

In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, morals, convenience, order, prosperity or general welfare; for the lessening of congestion in the streets or roads or reducing the waste of excessive amounts of roads; for securing safety from fire and other danger, providing adequate light and air and preventing on the one hand excessive concentration of population and on the other hand excessive and wasteful scattering of population or settlement; for promoting such distribution of land development and utilization as will tend to facilitate and provide adequate provision for public requirements, transportation, water and flowage, water supply, drainage, sanitation, educational opportunities, recreation, soil fertility and food supply; and for protection of the tax base, securing economy in governmental expenditures and fostering the state's agricultural and other industries and the protection of both urban and nonurban developments.

B.

It is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any existing law or any rules or regulations regulating the use or construction of buildings, the provision of yards, courts or other open spaces or the provision of sanitary facilities; provided, however, that where the provisions of this chapter require large yards or courts, lesser heights or bulk of buildings or more excessive sanitary facilities than do the aforementioned laws, rules or regulations, the provision of this chapter shall govern.

C.

All land uses or structures shall be permitted in districts only as indicated in this Chapter. All permitted uses shall also include accessory uses and structures as defined in this Chapter. Any use not specifically permitted within a particular zoning district, either by-right or as a conditional use, shall be considered prohibited except as provided in Item D below. No use prohibited in a district shall be permitted under any circumstances.

D.

Should any economic activity which is not listed as a permitted, conditional or hazardous use within this chapter be proposed within the City of Milford, the economic activity shall be reviewed by the Planning Director and placed into the most similar category. For nonresidential uses, the Planning Director shall evaluate the use by referencing the most recent North American Industry Classification System (NAICS) manual. Where the same NAICS code is found in several use categories, the Planning Director shall consider the characteristics of the use, including the intensity of the use and its likely adverse impacts. Where a choice remains after reviewing for adverse impacts, the use should be classified with the similar use that has the most adverse impacts.

[Ord. No. 2022-06, 1-24-2022; Ord. No. 2023-28, § 4, 8-14-2023]

A.

This chapter shall be enforced by the Planning Director or designee.

B.

Powers and duties. Planning Director or designee shall:

(1)

Examine all applications for permits, issue permits only for construction and uses which are in accordance with the requirements of this chapter or refuse permits or refer said application to the appropriate body.

(2)

Record and file all applications for permits with accompanying plans and documents, record all certificates of occupancy, receive all required fees and issue necessary stop-work orders.

(3)

Inspect nonconforming uses and keep a record of such nonconforming uses and prepare an annual record for the City Council and Planning Commission summarizing for the period since the last report all building permits issued.

C.

Notification of violation. If the Planning Director or designee finds that any provisions of this chapter are being violated, he/she shall notify, in writing, the person responsible for such violation, indicating the nature of the violation, and order the action necessary to correct it.

D.

Appeals from the Planning Director or designee. Any appeal from a decision or action of the Planning Director or designee that concerns this chapter shall be made directly to the Board of Adjustment.

E.

Relation to the Planning Commission. When requested by the Planning Director or designee , the Planning Commission may provide recommendations to that office on any matter concerning this chapter. The Planning Director or designee may also present recommendations and reports to the Commission on zoning issues, when requested by the Commission.

[Ord. No. 2022-06, 1-24-2022]

It shall be unlawful to use or permit the use of any building, structure or premises or part thereof hereafter created, erected, changed, converted, altered or enlarged, wholly or partly, in use or structure, except for minor alterations involving no change in floor area or use, until a certificate of occupancy is issued by the Planning Director or designee which shows that the building, structure, or premises or part thereof and the proposed use thereof are in conformity with the provisions of this chapter or an order by the Board of Adjustment.

[Ord. No. 2022-06, 1-24-2022]

A.

In case any building is erected, constructed, reconstructed, altered, repaired or converted or any building or land is used in violation of this chapter, the Planning Director or designee is authorized and directed to institute any appropriate action to put an end to such violations.

B.

Any person who shall violate this chapter, or do any act or thing prohibited, or refuse or fail to do any act required to be done, or refuse or fail to comply with an order of the Planning Director or designee or an order of the Board of Adjustment shall, upon conviction thereof, be subject for each violation to forfeit a fine as set forth in Chapter 1, General Provisions, Article II, General Penalty. Whenever such person shall have been officially notified by the Planning Director or designee or by service of a summons in a prosecution or in any other official manner that he is committing a violation, each day's continuance of such violation after such notice shall constitute a separate offense, punishable by a like fine or penalty.

[Ord. No. 2022-06, 1-24-2022]

Planning, zoning and engineering fees shall be set by resolution adopted by City Council and maintained by the City Clerk's office.

[Ord. No. 2022-06, 1-24-2022]