(a)   There is hereby established the office of Zoning Inspector for the purpose of this Code.

   (b)   It shall be the duty of the Zoning Inspector to enforce this Code. In the performance of his duties, he shall act in accordance with the provisions of this Code.

   (c)   When there is uncertainty as to the meaning or intent of a provision of this Code, or when this Code fails to address an issue, the Zoning Inspector shall interpret the intent and purpose of this Code, or submit a request to the Board in accordance with Section 1234.06.

   (d)   An approval shall be null and void, if the Zoning Inspector grants the approval, acting outside the authority of this Code.

(Ord. 08-33. Passed 5-4-09; Ord. 23-22-A. Passed 9-5-23.)

      (1)   Every application for a zoning certificate shall be accompanied by plans in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon or to be changed in its use, as well as the exact location, size and height of any existing or proposed building or structure which is proposed to be erected or altered.

      (2)   In the case of a proposed new building or structure or proposed alteration of an existing building or structure, drawings shall include the front, side, and rear elevations of the proposed building or structure.

      (3)   The existing and intended use of each building or structure or part thereof, the number of families or housekeeping units the building is designed to accommodate, where no buildings are involved, the location of the present use and proposed use to be made of the land, and such other information with regard to the lot and neighboring lots as may be necessary to determine compliance with this Code shall be included with the application. All dimensions shown on the plans shall accurately reflect site conditions.

         A.   The zoning certificate is invalid if construction, erection, alteration or other work has not commenced within twelve months of the date of the grant of the zoning certificate.

         B.   One extension may be granted for an additional twelve-month period if requested by the owner or their representative at least ten days in advance of the expiration of the zoning certificate.

 

   (a)   Excavation or Construction. It shall be unlawful for any owner or their agent to begin excavation or construction until the Zoning Inspector issues a zoning certificate.

   (b)   Uses. It shall be unlawful for any owner, lessee tenant or their agent to use or to permit the use of any structure, building, land, or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly, until a zoning certificate has been issued by the Zoning Inspector. Such zoning certificate shall show that such structure, building, land or a part thereof, and the proposed use thereof, are in conformity with the provisions of this Code. It shall be the duty of the Zoning Inspector to issue a zoning certificate, provided he is satisfied that the structure, building or premises, and the proposed use thereof, conform to all the requirements of this Code.

(Ord. 08-33. Passed 5-4-09.)

   (a)   The corners of the lot and the location of the proposed building or structure thereon shall be staked out on the ground in accordance with the approved plans. It shall be the duty of the owner or their agent to notify the Zoning Inspector that such work is ready for inspection. It shall be the duty of the person requesting any inspections required by this Code to provide access to and means for inspection of such work and maintain at the site the zoning certificate and approved site plan. Work shall not be done beyond the point indicated in each successive inspection without first obtaining approval of the Zoning Inspector.

   (b)   The Zoning Inspector, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or shall notify the owner or their agent if a portion of the construction fails to comply with this Code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Zoning Inspector.

   (c)   Upon receiving notification that work is ready for inspection, the Zoning Inspector shall inspect the work within three business days. Failure to perform the inspection in accordance with the subsection above shall constitute a denial of the approval and shall entitle the owner to an appeal in accordance with Section 1234.04(a)(3).

(Ord. 08-33. Passed 5-4-09.)

   It shall be unlawful for any owner, lessee or tenant to occupy any structure, building, land, or part thereof, hereafter erected, created, changed, converted or enlarged unless the Zoning Inspector has issued a certificate of use. Such certificate of use shall certify that such building, structure or land has been constructed, altered or improved in compliance with this Code and all conditions and requirements, stipulated by the Board.

(Ord. 08-33. Passed 5-4-09.)

   It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or land in violation of any of the provisions of this Code or any amendment or supplement thereto.

(Ord. 08-33. Passed 5-4-09.)

   In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land is or is proposed to be used in violation of this Code or any amendment or supplement thereto, Council, the Law Director, the Code Administrator, or any adjacent or neighboring property owner who would be specially damaged by such violation, may in addition to other remedies provided by law, institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance, or use: to restrain, correct or abate such violation; to prevent the occupancy of the building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.

(Ord. 08-33. Passed 5-4-09.)

   Any person, firm, or corporation, violating any of the provisions of this Code, shall be fined according to the following fee schedule. If the non-compliance violation is not remedied within the time given by the Zoning Inspector, failure to remedy said violation will result in a subsequent notice of non-compliance with increased penalties as listed in this section. If the non- compliance violation is not remedied after a fourth notice of non-compliance has been issued, the person, firm, or corporation shall be found to be in violation of the zoning ordinance, a misdemeanor of the first degree and the offense shall be deemed a strict liability offense. This does not preclude the issuance of fees on the fifth and subsequent violations.

 

(Ord. 08-33. Passed 5-4-09; Ord. 23-22-A. Passed 9-5-23.)