Oak City City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 155.015 ADMINISTRATIVE OFFICIAL.
(A) Official designated; assistants. An Administrative Official designated by the Town Council shall administer and enforce this chapter. He or she may be provided with the assistance of such other persons as the Town Council may direct.
(B) Powers and duties. The Administrative Official shall have the powers and duty to:
(1) Establish and administer rules and procedures for conducting the duties outlined in this section;
(2) Receive and promptly review all applications for building permits and/or certificates of zoning compliance for construction, alteration or change of use or occupancy of land or structures and approve or disapprove the same, based on their conformance with the provisions of this chapter. If an application is denied, he or she shall specify in writing the reasons for such denial;
(3) Receive and review copies of all notices of appeals to the Board of Adjustment;
(4) Conduct investigations or inspections of land, premises, buildings, structures, construction projects in progress, uses and occupancies to ensure compliance with the provisions of this chapter. With the aid of the Town Council and/or Planning Commission, he or she shall establish rules and procedures for the conduct of these investigations;
(5) Upon discovery of a violation of the provisions of this chapter, he or she shall notify in writing the person responsible for such violation, indicating the nature of the violation and the action necessary to correct it;
(6) Upon reasonable cause, he or she shall order discontinuance of illegal use of land, buildings or structures, or of illegal additions, alterations or structural changes, discontinuance of any illegal work in progress, or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions;
(7) Participate in meetings, where deemed necessary, of the Board of Adjustment, Planning Commission or Town Council and, when required, attend public hearings relating to zoning issues; and
(8) Maintain such records and files as may be necessary in the efficient conduct of the above duties, including records of all building permits, certificates of zoning compliance and the like.
(Prior Code, § 10-2-1) (Ord. 2001-02, passed 10-3-2001)
§ 155.016 ADMINISTRATIVE LIABILITY.
The town shall hold harmless the Planning Commission and the Administrative Official and their official agents and representatives, when acting in good faith and without malice, from all personal liability for any damage that may accrue to any person or property as a result of any act required by this chapter or for the omission of any act on the part of the Planning Commission, the Administrative Official or his, her or their authorized agents in the discharge of his, her or their duties hereunder. Any suit brought against the town because of any such act or omission in the carrying out of the provisions of this chapter shall be defended by the town’s Legal Department through final determination of such proceedings.
(Prior Code, § 10-2-2) (Ord. 2001-02, passed 10-3-2001)
§ 155.017 SCHEDULE OF FEES, CHARGES AND EXPENSES.
The Town Council shall establish a schedule of fees, charges and expenses and a collection procedure for building permits, certificates of zoning compliance, appeals and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the Administrative Official, and may be altered or amended only by the Town Council. Until all applicable fees, charges and expenses have been paid in full, no action will be taken on any application or appeal.
(Prior Code, § 10-2-3) (Ord. 2001-02, passed 10-3-2001)
§ 155.018 VIOLATIONS.
(A) Notification of violation. No person shall locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or use any land in violation of this chapter. Whenever the Administrative Official discovers any violation of this chapter, he or she shall notify in writing the person responsible for such violation, indicating the nature of the violation, the action necessary to correct it and the time by which the violation must be corrected. After any such order has been served, no work shall proceed on any structure or tract of land covered by such an order except to correct such violation or to comply with the order.
(B) Written complaint by any person. Any other person discovering a violation may file a written complaint with the Administrative Official stating fully the causes and basis thereof. The Administrative Official shall record properly such complaint, immediately investigate and take action thereon as provided by this chapter.
(Prior Code, § 10-2-4) (Ord. 2001-02, passed 10-3-2001)
§ 155.019 PERMITS AND CERTIFICATES; COMPLIANCE.
(A) Building permits.
(1) A building permit shall be required if building a structure with a total footprint greater than 200 square feet and/or that exceeds 12 feet in height.
(2) Required. It shall be unlawful to commence the excavation or filling of any lot for construction of any building, or to commence construction of any building, or to commence the moving of any building, or the alteration of any building, or to commence the development of land for a use not requiring a building, until the Administrative Official has issued a building permit for such work as required by the Uniform Building Code. No building permit shall be issued by the Administrative Official except in conformity with the provisions of this chapter and the Uniform Building Code, unless he or she receives a written order from the Board of Adjustment as provided by this chapter.
(3) Application. All applications for building permits shall be accompanied by plans in triplicate, drawn to scale. They shall show, where pertinent:
(a) Actual dimensions and shape of the lot to be built upon;
(b) The exact sizes and locations of buildings already existing on subject property and adjoining properties, with utility lines, poles and the like, fully dimensioned;
(c) Location and dimensions of the proposed building or alteration, including the location and dimensions of all signs; and
(d) Motor vehicle access, circulation patterns, with individual parking stalls and curb, gutter and sidewalk location.
(4) Additional information. The application shall include such other information as lawfully may be required by the Administrative Official, including existing or proposed uses of the building and land; the number of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with this chapter.
(5) Expiration and cancellation.
(a) Work commenced within six months. If the work described in any building permit has not begun within six months from the date of issuance thereof, said permit shall expire, unless an extension is asked for and approved. It shall be canceled by the Administrative Official, and written notice thereof shall be given to the persons affected.
(b) Completion within two years. If the work described in any building permit has not been substantially completed within two years of the date of issuance thereof, said permit shall expire and be canceled by the Administrative Official, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.
(Prior Code, § 10-10-1)
(B) Certificate of zoning compliance. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a permit has been issued therefor by the Administrative Official stating that the proposed use of the building or land conforms to the requirements of this chapter. The certificate of zoning compliance shall not be valid unless accompanied by a certificate of occupancy issued by the Chief Building Inspector.
(Prior Code, § 10-10-2)
(C) Compliance with approved plans and applications required.
(1) Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the Administrative Official authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction.
(2) Use, arrangement or construction at variance with that authorized shall be deemed a violation of this chapter.
(Prior Code, § 10-10-3)
(Ord. 2001-02, passed 10-3-2001; Ord. 2019-02, 11-21-2019)
Penalty, see § 155.999
§ 155.020 VARIANCES.
(A) Authorization by Board of Adjustment.
(1) The Board of Adjustment may authorize, upon appeal, such variances from the terms of this chapter as shall not be contrary to the public interest.
(2) The purpose of any variance shall be to modify the strict application of the requirements of this chapter where it can be shown that by reason of exceptional topography or other extraordinary or exceptional circumstances, literal enforcement of the terms of this chapter will result in an unnecessary hardship to the extent that the property might be prohibited from being used in a manner similar to other property in the same district.
(Prior Code, § 10-11-1)
(B) Rules and procedures.
(1) Denial of building permit. Appeals seeking a variance shall be made only after the denial of a building permit by the Administrative Official. The following rules and procedures shall govern the process of such appeals.
(a) The applicant shall submit to the Administrative Official a request for variance on forms provided for this purpose, along with a copy of the denial of the building permit.
(b) The Administrative Official shall, upon receipt of a request for variance, transmit the request, a copy of the denial and any other pertinent information to the Board of Adjustment for its consideration.
(c) The Board of Adjustment shall fix a reasonable time and place for a public hearing. Public notice shall be given of all hearings and shall consist of the posting of a sign by the designated town official on the affected property at least five days prior to the date of the hearing and one publication of a notice by the town in a newspaper of general circulation at least five days prior to the hearing. Both the sign and the newspaper notice shall identify the applicant, shall briefly state the nature of the appeal of the variance sought and shall give the date, time and place of the hearing. All hearings shall be open to the public. Due notice of the hearing shall also be given to all parties of interest, including the Administrative Official and the Planning Commission Chairperson.
(d) The Board of Adjustment shall vote on the decision. The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Administrative Official.
(e) The Board of Adjustment shall render a written decision on each case heard within 30 days of the hearing. Where the request for variance is approved, such written decision shall demonstrate the following:
1. Exceptional topography, or extraordinary or exceptional circumstances exist which are peculiar to land, structures or buildings involved which are not applicable to other lands, structures or buildings in the same district;
2. Owing to extraordinary circumstances, literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;
3. The extraordinary circumstances were not created by the owner of the property and do not represent a general condition of the district in which the property is located;
4. The variance will not authorize a use other than those specifically enumerated in the zoning district in which the variance is sought;
5. The circumstances found to constitute a hardship cannot be practically corrected;
6. The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure;
7. The granting of the variance would not be out of harmony with the intent and purpose of this chapter or the general plan of the town, or any portion thereof; and
8. The variance would not injure the land value, or use of, or prevent the access of light and air to the adjacent properties or to the area in general, or would not be detrimental to the health, safety and welfare of the public.
(2) Non-conforming use not grounds for issuance. Existence of a non-conforming use of neighboring lands, structures or buildings in the same district, or of non-conforming use of lands, structures or buildings in other districts, shall not be considered grounds for the issuance of a variance.
(3) Request denied. Where the request for variance is denied, the written decision must be accompanied by reasons therefor, and be based on findings of fact.
(4) Request approved.
(a) The Board of Adjustment shall cause a description of each variance granted to be filed in the office of the County Recorder with a legal description of the affected property.
(b) The description shall include the nature of the variance, any time limitations and any special conditions imposed by the Board of Adjustment.
(Prior Code, § 10-11-2)
(C) Diagram. The following diagram applies to the provisions of this chapter:
Proceedings Before Board of Adjustment on Variances
|
Submittal of application |
Transmittal to Board |
Public hearing |
Vote on decision |
Written decision from Board within 30 days |
Recording of variance |
(Prior Code, § 10-11-3)
(Ord. 2001-02, passed 10-3-2001)