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Perkins City Zoning Code

CHAPTER 2

ENFORCEMENT AND ADMINISTRATION

10-2-1: ENFORCEMENT OFFICIAL DESIGNATED:

A.   The duties of the zoning administrator are delegated to the city clerk.
B.   It shall be the duty of the city clerk to enforce this title. If the city clerk shall find that any of the provisions of this title are being violated, the city clerk shall notify, in writing, the persons responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it, and shall take such other action as is authorized by law to ensure compliance with or to prevent violation of its provisions. (2010 Code § 22-117; amd. 2012 Code)

10-2-2: ZONING CLEARANCE PERMIT:

A.   Purpose: The zoning clearance permit is a permit issued by the city clerk that states that a particular development meets all of the requirements of this title. It is not a building permit and does not authorize construction. It certifies that the land or structure is in conformance with the terms of this title. (2010 Code § 22-118)
B.   Permit Required:
   1.   New Construction: No building or other structure shall be erected, moved, constructed, enlarged or altered in such manner as to prolong the life of the building, nor shall the use of any land or building, nor shall the use of any land or building or other structure be changed without a zoning clearance permit being issued authorizing such construction, alteration, erecting, moving or enlargement, or use changes, as being in compliance with the provisions of this title. No building permit shall be issued for any new construction not conforming to a valid zoning clearance permit. (2010 Code § 22-119)
   2.   Change In Use Of Land Or Building: No change shall be made in the use of any land or building or structure after the passage date hereof until a zoning clearance permit has been obtained, certifying that all the provisions of this title have been complied with. (2010 Code § 22-120)
C.   Application For Permit: An application for a zoning clearance permit shall be made to the city clerk by the owner or proposed occupant of the building or land to be occupied or used, and the application shall state the location and legal description of the property and set out in detail the character and nature of the use to be conducted thereon. Within three (3) days, the city clerk shall grant or deny the zoning clearance permit in accordance with the term of this section. (2010 Code § 22-121)
D.   Accompanying Material: All applications for zoning clearance permits shall be accompanied by a drawing drawn to reasonably describe the addition or improvement on suitable paper, showing the actual dimensions of the lot to be built upon, the size and location of the building to be erected, and such other information as may be necessary to satisfy the requirements of these regulations. If there is to be an alteration in topography, a plat plan is required to be furnished. (2010 Code § 22-122)
E.   Fee: Zoning clearance permits shall be issued without charge. (2010 Code § 22-123)

10-2-3: BUILDING PERMIT:

A.   Issuance: The building permit is issued by the building inspector, appointed by the city manager. (2010 Code § 22-124)
B.   Information Required: Whenever any structure or building is to be built, erected, enlarged or have such building or structure's roofline extended, a building permit shall be obtained from the city. The applicant shall furnish the following information: (2010 Code § 22-124; amd. 2012 Code)
   1.   A drawing drawn to reasonably describe the addition or improvement showing the exact size, shape and dimensions of the lot to be built on, the exact size and location on the lot of all existing buildings and structures, and the exact size and location on the lot of the structure or building proposed to be altered, erected or moved, and the ways of ingress and egress. If there is to be an alteration in topography, a plat plan is required to be furnished;
   2.   A copy of the zoning clearance permit issued by the city clerk if the building inspector so requires; and
   3.   Additional information relating to the proposed improvement needed to determine compliance with this section, including a survey, prepared by an engineer registered in the state, of the boundaries of the lot on which the improvement is proposed to be located may be required by the building inspector where the boundaries of the lot are not clearly defined by survey pins and monuments. (2010 Code § 22-124)

10-2-4: PENALTY:

A violation of any section or provision of this title shall be deemed a violation of this code, and shall be punishable by fine. Any person, firm or corporation who violates or refuses to comply with any of the provisions of this title shall be punished as provided in section 1-4-1 of this code for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. (2010 Code § 22-125)