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Morenci City Zoning Code

ARTICLE XII

ADMINISTRATION AND ENFORCEMENT

Sec. 22-291.- Zoning administrator generally.

The zoning administrator shall be appointed by and serve at the pleasure of the city council. Duties, compensation, and responsibilities of the zoning administrator in addition to those specified in this section or elsewhere in this chapter may be established by resolution of the city council.

(Code 1963, § 5.83; Ord. of 4-14-80)

Sec. 22-292. - Duties of zoning administrator.

(a)

The zoning administrator shall have the power to grant zoning compliance and occupancy permits, to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter. It shall be unlawful for the zoning administrator to approve any plans or issue any permits or certificates of occupancy for any excavation or construction until he has inspected such plans in detail and found them to conform with this chapter.

(b)

The zoning administrator shall record all nonconforming uses existing at the effective date of this chapter for the purpose of carrying out the provisions of section 22-253.

(c)

Under no circumstances is the zoning administrator permitted to make changes to this chapter nor to vary the terms of this chapter in carrying out his duties as zoning administrator.

(d)

The zoning administrator shall not refuse to issue a permit when conditions imposed by this chapter are complied with by the applicant despite violations of contracts, such as covenants or private agreements which may occur upon granting of such permit.

(Code 1963, § 5.84; Ord. of 4-14-80)

Sec. 22-293. - Enforcement.

The provisions of this chapter shall be administered and enforced by the zoning administrator or by such deputies of his department as the zoning administrator may delegate to enforce the provisions of this chapter.

(Code 1963, § 5.85; Ord. of 4-14-80)

Sec. 22-294. - Plot plan.

(a)

The zoning administrator shall require that all applications for zoning compliance permits shall be accompanied by plans and specifications including a plot plan (a plot plan shall not be required where existing setbacks are not altered or the work is of an internal nature) in duplicate, drawn to scale, showing the following:

(1)

The actual shape, location and dimensions of the lot.

(2)

The shape, size and location of all buildings or other structures to be erected, altered or moved and of any building or other structures already on the lot.

(3)

The existing and intended use of the lot and of all such structures upon it, including, in residential areas, the number of dwelling units the building is intended to accommodate.

(4)

Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being observed.

(b)

Plot plans shall be kept on file until the project is completed and a certificate of occupancy is issued.

(Code 1963, § 5.86; Ord. of 4-14-80)

Sec. 22-295. - Permits.

The following shall apply in the issuance of any permit:

(1)

Permits required. No building or structure, or part thereof, shall be hereafter erected, altered, moved or repaired unless a zoning compliance permit shall have been first issued for such work. The terms "altered" and "repaired" shall include any changes in structural parts, stairways, type of construction, type, class or kind of occupancy, light or ventilation, means of egress and ingress, or other changes affecting or regulated by the city building code, housing law, or this chapter, except for minor repairs or changes not involving any of the aforesaid features.

(2)

Permits not to be issued. No zoning compliance permit shall be issued for the erection, alteration or use of any building or structure or part thereof, or for the use of any land, which is not in accordance with all provisions of this chapter.

(3)

Permits for new use of land. No land heretofore vacant shall hereafter be used or an existing use of land be hereafter changed to a use of a different class or type unless a certificate of occupancy is first obtained for the new or different use.

(4)

Permits for new use of building. No building or structure, or part thereof, shall be changed to or occupied by a use of a different class or type unless a certificate of occupancy is first obtained for the new or different use.

(Code 1963, § 5.87; Ord. of 4-14-80)

Sec. 22-296. - Certificates.

No land, building or part thereof, shall be occupied by or for any use unless and until a certificate of occupancy shall have been issued for such use. The following shall apply in the issuance of any certificate:

(1)

Certificates not to be issued. No certificates of occupancy shall be issued for any building, structure or part thereof, or for the use of land, which is not in accordance with all the provisions of this chapter.

(2)

Certificates required. No building or structure or parts thereof, which is hereafter erected, or altered, shall be occupied or used or the same caused to be done, unless and until a certificate of occupancy shall have been issued for such building or structure.

(3)

Certificates including zoning. Certificates of occupancy as required by the city building code for new buildings or structures, or parts thereof, or for alterations to or changes of use of existing buildings or structures, shall also constitute certificates of occupancy as required by this chapter.

(4)

Record of certificates. A record of all certificates issued shall be kept on file in the office of the zoning administrator and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property involved.

(5)

Certificates for dwelling accessory buildings. Buildings or structures accessory to dwellings shall not require separate certificates of occupancy but may be included in the certificate of occupancy for the dwelling when shown on the plot plan and when completed at the same time as such dwellings.

(Code 1963, § 5.88; Ord. of 4-14-80)

Sec. 22-297. - Fees.

The city council may from time to time establish, by resolution, fees that shall cover the cost of review, recommendation, inspection and supervision resulting from the enforcement of this chapter. Such fee may be collected for the following:

(1)

Rezoning requests.

(2)

Special approval uses.

(3)

Site plan review requests.

(4)

Planned residential developments.

(5)

Zoning board of appeals.

(6)

Issuance of zoning compliance permits and certificates of occupancy.

(Code 1963, § 5.89; Ord. of 4-14-80)