Zoneomics Logo
search icon

Milford City Zoning Code

13.04 Relationship

Of Zoning To Other Laws And Regulations

13.04.010 Continuity Of Zoning Regulations

The provisions of this title, insofar as they are substantially the same as previous provisions of the Milford City Municipal Code or any other ordinance repealed, amended or superseded upon the enactment of the provisions of this title, shall be construed as restatements and continuations of said previous provisions, and not as new enactment’s.

13.04.020 Pending Proceedings

Proceedings initiated under provisions repealed, amended or modified by the provisions of this title, and any vested right, shall not be affected by the enactment of the provisions of this title, except that subsequent proceedings shall conform to the provisions of this title insofar as possible.

13.04.030 Right Under Previous Approvals

  1. Any permit or other approval previously granted by the city and which would be eligible for consideration as a Variance, Conditional Use Permit or other approval under this title shall be deemed to be an approved variance. Conditional Use Permit or other approval, respectively, under this title, subject to the terms of such approval.
  2. All other permits and other approvals or conditions thereof, not in conformance with the provisions of this title, shall be deemed to be nonconforming privileges subject to the provisions of 13.37.010 through 13.37.130.
  3. Notwithstanding any other provisions of this section, if any permit or other approval deemed to be approved pursuant to this section, or any condition thereof, has resulted in a nonconformity, such nonconformity shall be subject to the provisions of 13.37.010 through 13.37.130.

13.04.040 Previous Violation Or Conviction

Any violation of and/or conviction under any provision repealed, amended or modified by the provisions of this title shall be considered as a violation of and/or conviction under this title.

13.04.050 Severability

If any provision of this title, and the application thereof, to any person or circumstance is held invalid, the remainder of this title, and the application of such provision to other persons or circumstances, shall not be affected thereby.

13.04.060 Conflicting Regulations

Whenever any provisions of this title covers the same subject matter, overlaps, conflicts with or is contradictory to any other law or regulation, that provision, law or regulation which is more restrictive or imposes the higher standard shall control, except as otherwise expressly provided.

13.04.070 Private Agreements

The provisions of this title are not intended to abrogate, annul or impair any easement, covenant or other agreement between parties, except, where this title imposes a greater restriction or higher standard than that required by private agreement, this title shall control.

13.04.080 Nuisances

Neither the provisions of this title nor any approval pursuant thereto authorizes the establishment or maintenance of any use or circumstances which constitutes a public or private nuisance.

13.04.090 Zoning Administrator - Authority And Duties

The zoning administrator is hereby authorized to enforce this code and all provisions thereof and shall do so by any legal means available to him/her, including, but not limited to the following:

  1. Advise the building official on the issuance of building permits. (If the zoning administrator gives written notification to the building official that an intended use, building or structure would be in violation of this code such written notification shall be a presumption of illegality and the building official shall not issue a building permit for such use, building or structure. If the offices of the building official and zoning administrator are held concurrently by one person, this shall detail the violation in writing on the permit refusal notification).
  2. Advise and cooperate with the Milford City Planning and Zoning Commission.
  3. Inspect the uses of buildings, structures or land to determine compliance with the code. Such inspections shall be made at reasonable times.
  4. Issue notices of violation wherever building or land are being used contrary to this code. (This shall be done by serving notice in writing on any person engaged in such use and posting such notice on the premises).
  5. Inform the local governing body of all code violations and recommend specific courses of action with regard to each violation.
  6. Maintain a file of code violations and actions by the governing body on such violations.
  7. Citation for Infraction - Citation for Infraction
    1. Pursuant to the provisions of state law, the city zoning administrator designated by resolution of the City Council may issue a citation without a warrant whenever they have reasonable cause to believe that the person to whom the citation is issued has committed an infraction in his or her presence which is a violation of any provision of this title designated as an infraction.
    2. Citations for infractions shall be processed, issued and handled as provided by state law.

13.04.090 Zoning Administrator - Authority And Duties

The zoning administrator is hereby authorized to enforce this code and all provisions thereof and shall do so by any legal means available to him/her, including, but not limited to the following:

  1. Advise the building official on the issuance of building permits. (If the zoning administrator gives written notification to the building official that an intended use, building or structure would be in violation of this code such written notification shall be a presumption of illegality and the building official shall not issue a building permit for such use, building or structure. If the offices of the building official and zoning administrator are held concurrently by one person, this shall detail the violation in writing on the permit refusal notification).
  2. Advise and cooperate with the Milford City Planning and Zoning Commission.
  3. Inspect the uses of buildings, structures or land to determine compliance with the code. Such inspections shall be made at reasonable times.
  4. Issue notices of violation wherever building or land are being used contrary to this code. (This shall be done by serving notice in writing on any person engaged in such use and posting such notice on the premises).
  5. Inform the local governing body of all code violations and recommend specific courses of action with regard to each violation.
  6. Maintain a file of code violations and actions by the governing body on such violations.
  7. Citation for Infraction - Citation for Infraction
    1. Pursuant to the provisions of state law, the city zoning administrator designated by resolution of the City Council may issue a citation without a warrant whenever they have reasonable cause to believe that the person to whom the citation is issued has committed an infraction in his or her presence which is a violation of any provision of this title designated as an infraction.
    2. Citations for infractions shall be processed, issued and handled as provided by state law.