Mount Pleasant City Zoning Code
10.04 Administration
and Enforcement
10.04.010 ADMINISTERING OFFICER.
The mayor, or his/her designee, is authorized as the administering officer for this title, and shall enforce all provisions, entering actions in court, if necessary, and their failure to do so shall not legalize any violations of such provisions. The city council may, by resolution or ordinance, from time to time, entrust administration of this title in whole or in part, to another officer of the local jurisdiction, without amendment to this title.
10.04.020 LICENSING CONDITIONS.
All departments, officials and public employees of the city who are vested with the duty or authority to issue permits or licenses shall conform to the provisions of the title and shall issue no permit or license for uses, buildings or purposes where the same would be in conflict with the provisions of this title, and any such permit or license, if issued in conflict with the provisions of this title, shall be null and void.
10.04.030 INSPECTION; RIGHT OF ACCESS.
The city manager, building inspector or other designated official shall, upon presentation of evidence of his authority, have the right of access to any premises at any reasonable hour for the purpose of inspecting all buildings and structures during the course of their construction, modification or repair, and to inspect land uses to determine compliance with the provisions of this title.
10.04.040 BUILDING PERMIT REQUIRED PRIOR TO CONSTRUCTION.
Construction, alteration, repair or removal of any building or structure, or any part thereof, as provided for or as restricted in this title and the building code shall not be commenced except upon clearance by the building inspector and issuance of a building permit by the building inspector, both of which functions shall be discharged by the building inspector.
10.04.050 OCCUPANCY PERMIT REQUIRED PRIOR TO ALTERING USE.
Land, buildings or premises in any zone shall hereafter be used only for a purpose permitted in such a zone and in accordance with the appropriate regulations. A permit of occupancy shall be issued by the building inspector to the effect that the use, building or premises conform to provisions of this title and all related ordinances, regulations and requirements prior to occupancy, for any building erected, enlarged or altered structurally for the occupancy or use of any land. Such a permit is needed whenever use or character of any building or land is to be changed.
10.04.060 SITE PLAN REQUIRED AS PART OF BUILDING PERMIT.
A detailed site plan, drawn to scale, shall be filed with the building inspector and the mayor as part of any application for a building permit. The site plan shall show, where pertinent:
A. Scale and north arrow;
B. Lot lines and their dimensions;
C. Adjacent streets, roads, rights of way and easements;
D. Location of all existing structures or subject property and adjoining properties (completely dimensioned, including utility lines, poles, fences, etc.);
E. Location of proposed construction and improvements, including location of all landscape elements and signs;
F. Motor vehicle access, including individual parking stalls, circulation patterns, curb, gutter and sidewalk location;
G. Necessary explanatory notes;
H. Name, address and telephone number of builder and owner; and
I. This, and any other information that may be requested by the mayor or building inspector, shall be in addition to information required under the special exceptions of historic district submission requirements.
10.04.070 AMENDMENTS.
A. Application for Amendment of Zoning Map and Text of Zoning Ordinance. Applications made to the planning commission for any amendments to the zoning map or the text of this title shall contain the following:
1. The name, address, telephone number, and email address of the applicant and the applicant’s agent if any.
2. The requested amendment and reasons supporting the request.
3. If the proposed amendment seeks to change the zoning map, the application must include an accurate property map that shows the current and proposed zoning classifications. It should also display all adjacent properties along with their existing zoning classifications. Additionally, the application must provide a precise legal description and an approximate address for the area intended to be rezoned.
4. A list of all property owners within a radius of 300 feet of the boundaries of the property to be rezoned, as taken from the latest assessment rolls prepared by the county assessor.
5. If the proposed amendment seeks a change to the text of this title, the application shall include chapter and section references and a draft of the proposed text.
6. A nonrefundable filing fee in such amount as the city council may from time to time establish by resolution.
B. Procedure for Amendment Approval.
1. The applicant shall submit a complete application for a zone change.
2. The application shall be reviewed for completeness by city staff.
3. The application, together with all pertinent information, shall be forwarded on to the planning commission for review and possible recommendation to the city council.
4. The planning commission shall hold a public hearing on the application.
5. The planning commission shall recommend approval, approval with conditions, or denial of the application.
6. The application, along with the planning commission recommendation, shall be forwarded to the city council for review and possible approval.
7. Following receipt of a recommendation from the planning commission, the city council shall review the application at its next regularly scheduled meeting. The city council may approve, approve with conditions, or deny the proposed amendment.
10.04.080 APPEALS AND VARIANCES.
A. Appeal Of City Decision; Time Limits: Appeals to the hearing examiner may be taken by any person aggrieved or by an officer, department, board or bureau of the city affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time as provided by the rules of the hearing examiner by filing with the officer from whom the appeal is taken and with the hearing examiner a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the hearing examiner all the papers constituting the record upon which the action appealed from was taken.
B. Filing Fee: Upon filing of any appeal or application to the hearing examiner, the appellant or applicant shall pay to the city a nonrefundable fee prescribed from time to time by resolution of the city council. Until such time as a resolution is enacted, the filing fee shall be twenty five dollars ($25.00). The fee shall be collected by the city treasurer and credited to the general fund. The hearing examiner shall consider no appeal or application unless and until such fee has been paid.
C. Stay Of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the hearing examiner after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by restraining order which may be granted by the hearing examiner or by the district court on application and notice and on due cause shown.
D. Notice Of Hearing: The hearing examiner shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest, and shall decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
E. Powers Of The Hearing Examiner: In exercising the above mentioned powers, the hearing examiner may, in conformity with the provisions of this chapter and MPMC 1.14.050.4, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.
F. Petition For Relief: Any person aggrieved by any decision of the hearing examiner may have and maintain a plenary action for relief therefrom in the city council, provided petition for such relief is presented to the council within thirty (30) days after the filing of such decision in the office of the examiner.
G. Variance; Time Limit: In the event the hearing examiner does grant a variance in accordance with the provisions of this chapter, alterations in accordance with the variance must be activated within six (6) months after the date the variance is granted or the variance becomes null and void. The time limit of the variance may be extended once for an additional six (6) months by the hearing examiner, and when such circumstances necessitate a time extension.
10.04.090 PENALTY.
Any person, firm or corporation (as principal, agent, employee or otherwise) violating, causing or permitting a violation of this title, unless otherwise specifically indicated, shall be guilty of a class C misdemeanor, subject to penalty as provided in MPMC 1.08.010. Each day the violation occurs shall be a separate offense.