(a)

The director of planning of the town is appointed the zoning administrator with the duties of enforcing the provisions of this article.

(b)

If a ruling of the zoning administrator is questioned, the aggrieved party may appeal such ruling to the board of adjustment.

(Code 2002, § 18-211; Ord. of 1-5-1993, art. IX, § 1)

(a)

No occupied or vacant land shall be changed in its use in whole or in part until a zoning certificate of compliance and a certificate of occupancy shall have been issued by the zoning administrator.

(b)

No existing building shall be changed in its use in whole or in part or new building used or erected until a certificate of zoning compliance and a certificate of occupancy shall have been issued by the zoning administrator.

(c)

This section shall in no case be construed as requiring a certificate of zoning compliance or a certificate of occupancy in the event of a change in ownership or tenancy only, without a change in use or intended use, provided that no repairs, alterations or additions are proposed for such building.

(d)

No building permit for the extension, erection or alteration of any building shall be issued before a certification of zoning compliance and a certificate of occupancy are issued; and no building shall be occupied or erected until those certificates are approved.

(e)

The zoning administrator may require the submission of a site plan to satisfy compliance with the regulations of this article.

(Code 2002, § 18-212; Ord. of 1-5-1993, art. IX, § 2; Ord. No. 2003-05, § D), 10-29-2003)

The fee for a certificate of zoning compliance and a certificate of occupancy shall be set from time to time by the council, and a schedule of such fees as established.

(Code 2002, § 18-213; Ord. of 1-5-1993, art. IX, § 3)

The zoning administrator may issue a temporary certificate of zoning compliance for commercial rides, carnivals, religious revivals, construction offices and similar uses. Such certificate shall be issued for a fixed period of time, not to exceed 90 days; shall be subject to such limitations as the zoning administrator may impose to protect the character of the district affected; and may be considered for reapplication.

(Code 2002, § 18-214; Ord. of 1-5-1993, art. IX, § 4)

(a)

If the zoning enforcement officer finds that any provision of this article is being violated, he shall send a written notice of the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the zoning officer's discretion.

(b)

The final written notice (and the initial written notice may be the final written notice) shall state what action the zoning administrator intends to take if the violation is not corrected and shall advise that the zoning enforcement officer's decision or order may be appealed to the board of adjustment as provided in section 18-281.

(c)

Notwithstanding subsections (a) and (b) of this section, in cases when delay would seriously threaten the effective enforcement of this article or pose a danger to the public health, safety or welfare, the zoning administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in section 18-224.

(Code 2002, § 18-215; Ord. of 1-5-1993, art. IX, § 5)

Any person violating any provision of this article, or who shall violate or fail to comply with any order made under this article, or who shall falsify plans or statements filed under this article, or who shall continue to work upon any structure after having received written notice from the zoning administrator to cease work shall be subject to a civil penalty in accordance with section 1-12. Each day that such violation continues to exist shall constitute a separate offense. Notice of violation shall be sufficient if directed to such owner, agent of the owner or the contractor and left at his known place of residence or place of business. In addition to the notice, this article may be enforced by any of the additional remedies provided for and set forth in the appropriate state statutes.

(Code 2002, § 18-216; Ord. of 1-5-1993, art. IX, § 6)

(a)

A certificate of compliance or a special use permit may be revoked by the permit-issuing authority (in accordance with the provisions of this section) if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this article, or any additional requirements lawfully imposed by the permit-issuing authority.

(b)

Before a special use permit may be revoked, all of the notices, hearings and other requirements of this article shall be complied with. The notice shall inform the permit recipient of the alleged grounds for the revocation.

(1)

The burden of presenting evidence sufficient to authorize the permit-issuing authority to conclude that a permit should be revoked for any of the reasons set forth in subsection (a) of this section shall be upon the party advocating that position. The burden of persuasion shall also be upon that party.

(2)

A motion to revoke a permit shall include, insofar as practicable, a statement of the specific reasons or findings of fact that support the motion.

(c)

Before a certificate of zoning compliance may be revoked, the zoning administrator shall give the permit recipient ten days' notice of intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation and of his right to obtain an informal hearing on the allegations. If the permit is revoked, the zoning administrator shall provide to the permittee a written statement of the decision and the reasons for the decision.

(d)

No person may continue to make use of land or buildings in the manner authorized by any zoning, sign, or special use or permit after such permit has been revoked in accordance with this section.

(Code 2002, § 18-217; Ord. of 1-5-1993, art. IX, § 7)