This chapter contemplates an administrative and enforcement officer entitled the zoning administrator to administer and enforce the same. Certain considerations, particularly with regard to granting of permitted conditional uses, planned unit development conditional uses, changes in zoning districts and zoning map, and amending the text of this zoning chapter require review and action by the town board. A zoning board of appeals is provided to ensure proper administration of the chapter and to avoid arbitrariness.

(Code 2006, § 13-1-170)

Effective on: 1/1/1901

The zoning administrator is hereby designated as the primary administrative officer for the provisions of this chapter, and shall be referred to as the zoning administrator. The zoning administrator shall be appointed by resolution of the town board. The duty of the zoning administrator/permit issuer shall be to interpret and administer this chapter and to issue all permits required by this chapter. The zoning administrator shall further:

1. A.
   Issue all zoning certificates, and make and maintain records.
2. B.
   Provide and maintain a public information function relative to all matters arising out of this chapter.
3. C.
   Attend all board of appeals meetings to provide technical assistance when requested by the town board.

(Code 2006, § 13-1-171)

Effective on: 1/1/1901

1. A.
   Violations. It shall be unlawful to use or improve any structure or land, or to use water or air, in violation of any of the provisions of this chapter. In case of any violation, the town board, the zoning administrator or any property owner who would be specifically damaged by such violation may cause appropriate action or proceeding to be instituted to enjoin a violation of this chapter or cause a structure to be vacated or removed.
2. B.
   Remedial action. Whenever an order of the zoning administrator has not been complied with within 30 days after written notice has been mailed to the owner, resident agent or occupant of the premises, the town board, the zoning administrator or the town attorney may institute appropriate legal action or proceedings.
3. C.
   Penalties. Any person who fails to comply with the provisions of this chapter or any order of the zoning administrator issued in accordance with this chapter or resists enforcement shall, upon conviction thereof, be subject to a forfeiture and such additional penalties as provided for in the general penalty provisions of this Code and in the town penalty schedule, available in the office of the town clerk. Each day that a violation continues to exist shall constitute a separate offense.

(Code 2006, § 13-1-172)

Effective on: 1/1/1901

1. A.
   Zoning verification permit issuance; building permit required.

   1. 1.
      No structure of any kind, including a building, shall hereafter be erected, moved, or structurally altered or gravel pit, quarry or pond excavated until a building permit therefor shall have been applied for and issued. Issuance of a zoning verification permit shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the requirements of this chapter. A zoning verification permit is issued, upon request, as verification of zoning status. Issuance of a zoning permit is not necessary when a building permit is issued consistent with applicable zoning.
   2. 2.
      All applications for a building permit shall be accompanied by a location sketch, showing the location, actual shape, and dimensions of the lot to be built upon, the exact size and location on the lot of the proposed or existing building and accessory building, the lines within which the building shall be erected, altered or moved, the existing or intended use of each building or part of a building, the number of families the building is intended to accommodate, and such other information with regard to the lot and neighboring lots or buildings as may be necessary to determine and provide for the enforcement of this chapter.
   3. 3.
      The lot and the location of the building thereon shall be staked out on the ground and inspected by the zoning administrator before construction is started.
   4. 4.
      Except as otherwise provided in this chapter, the zoning administrator shall issue or refuse to issue a building permit within ten days after receipt of an application therefor. Refusal to issue such permit shall be given in writing, with the reasons for such refusal.
   5. 5.
      Failure to obtain the appropriate permit before the start of construction shall be grounds for a penalty of double the permit fees.
2. B.
   Certificate of compliance.

   1. 1.
      No building hereafter erected, altered or moved shall be occupied until a certificate of compliance shall have been issued by the zoning administrator. Such certificate shall show that the building or premises or part thereof and the proposed use thereof are in conformity with the provisions of this chapter. Such certificate shall be applied for when application is made for a zoning permit and shall be issued within ten days after the completion of the work specified in such zoning permit application, but only if the building or premises and the proposed use thereof conform with all the requirements of this chapter.
   2. 2.
      Under such rules and regulations as may be established by the town board, the zoning administrator may issue a temporary certificate of compliance for part of a building.
   3. 3.
      Upon written request from the owner, the zoning administrator shall issue a certificate for any building or premises existing at the time of the original adoption of this chapter, certifying, after inspection, the extent and kind of use made of the building or premises and whether or not such use conforms to the provisions of the chapter.
3. C.
   Business occupancy certificate.

   1. 1.
      Nonresidential. No building, structure or premises may be occupied until a Business Occupancy Certificate shall have been issued, unless as otherwise provided under this section.

      1. a.
         Business occupancy certificate required. No building, structure, lot or premise shall be occupied or used in whole or in part for any commercial, industrial, or other nonresidential purpose without first applying for and obtaining a business occupancy certificate. The business occupancy certificate is nontransferable and shall be valid only for the business, person, building, premises and structure named therein.
      2. b.
         A zoning and/or occupancy certificate is required in the following situations.

         1. i.
            Before any building or other structure which is the principal permitted use is erected, moved or structurally altered so as to change its use or increase its floor area.
         2. ii.
            Before any land use is substantially altered.
         3. iii.
            Before any building or structure is erected or substantially altered which would be a conditional use or require a variance regardless of whether principal or accessory use.
         4. iv.
            Change in ownership.
      3. c.
         Penalty for violation. In addition to other penalties and enforcement rights of the town pursuant to this chapter, any person who is the owner, operator or occupant of any building or premise wherein or whereon there shall be placed or there exists anything in violation of the regulations of this code; or who shall omit, neglect or refuse to do any act required in this code, shall, upon conviction shall forfeit double the cost of the occupancy certificate.

(Code 2006, § 13-1-173; Ord. of 9-21-2021)

Effective on: 1/1/1901

Effective on: 1/1/1901