The duly appointed zoning administrator is hereby given authority to administer and enforce the provisions of the zoning ordinance. The duties of the zoning administrator are to:

A.

Interpret the zoning ordinance provisions and district boundaries;

B.

Approve all building and land improvement permits for zoning compliance;

C.

Approve conditional uses provided all the required zoning standards are met;

D.

Process applications for zoning variances and special exceptions;

E.

Process appeals to the board of zoning appeals and preparing the record for appeal to circuit court;

F.

Maintain the current zoning map;

G.

Maintain public records related to zoning;

H.

Investigate and resolve zoning violation complaints;

I.

Enforce the zoning ordinance;

J.

Perform other duties assigned by ordinance or the city manager.

If the zoning administrator or other appropriate code enforcement officer determines that any of the provisions of this ordinance are being violated, he shall enforce the requirements of the ordinance by notifying in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it; or by ordering in writing the person responsible to discontinue the illegal use, addition, alteration or structural change; or by ordering in writing the person responsible to immediately discontinue the illegal work being done; or by issuing an ordinance summons; or by taking any other action authorized by law to ensure compliance with or to prevent violation of the ordinance.

The zoning administrator or other appropriate code enforcement officer is not required to warn before the issuance of an ordinance summons. In addition to the institution of criminal process for the misdemeanor violation of the zoning ordinance, the ordinance summons shall also serve as official notice of the zoning administrator's interpretation of the zoning ordinance and determination of the applicability of the ordinance to the land use. The zoning administrator or other appropriate code enforcement officer may invoke a single course of enforcement or parallel courses of enforcement in his discretion as the exigencies of the circumstances demand. Delivery of the written notice of violation and order to correct or discontinue is deemed accomplished by deposit in regular mail with sufficient postage affixed to the last known address; or by hand delivery to a person of suitable age and responsibility at the address; or by affixing the notice of violation to the structure or on a sign at the address.

(Ord. No. 2014-03, § 8, 4-7-14)

A standard application form available from the zoning administrator's office along with the completed site plans and application fee as required by the zoning administrator are required for any new development within the RM-16, MHP, NBD, CBD, GBD, RLI and GI districts in addition to non-residential development in the R-12 and R-10 districts. Site plans shall be submitted to and approved by the planning department before the issuance of a building permit. The sketch or diagram need not be professionally drawn. Site plans shall be drawn to a scale of ¼″ = 1′ or ″ = 1′. Three (3) copies must be submitted.

No building, sign, or other structure shall be erected, moved, added to, or structurally altered without a permit issued by the zoning administrator. No building or sign permit shall be issued unless a certificate of zoning compliance shall have been issued by the zoning administrator to indicate that the proposed building or sign is in full compliance with the provisions of this chapter, unless a special exception or variance is granted as provided by this chapter.

The zoning administrator shall issue sign permits in accordance with the provisions of the building code in effect in the City of Pickens.

All applications for certificates of zoning compliance shall be accompanied by the appropriate permit fee and by plans in triplicate drawn to a scale of ¼″ = 1′ or ″ = 1′, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of building(s) already existing, if any; and the location and dimensions of the proposed building(s) or alteration. The sketch or diagram need not be professionally drawn. The application shall include such other information as lawfully may be required by the zoning administrator, including existing or proposed buildings or alterations, existing or proposed uses of buildings 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, and provide for the enforcement of this chapter.

One (1) copy of the plan shall be returned to the applicant by the zoning administrator, with approval or disapproval noted and shall be attested to the same by the signature of the zoning administrator on such copy. The original copy of the plans, similarly marked, shall be retained by the zoning administrator.

It shall be unlawful to use, occupy or permit the use of any building or premises, or both, or parts thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefore by the building official stating that the proposed use of the building or land conforms to the requirements of this chapter.

The building official shall maintain a record of all certificates of occupancy and a copy shall be furnished upon request to any person.

Failure to obtain a certificate of occupancy shall be a violation of this chapter, and be punishable under Section 911 of this chapter.

Conditional uses, as set forth in Article IV of this chapter, are declared to possess characteristics which require certain controls in order to insure compatibility with other uses in the district within which they are proposed for location.

Conditional uses shall be permitted subject to a determination by the zoning administrator that they conform to all regulations set forth herein and elsewhere in this chapter, with particular reference to those requirements established for those districts in which they are proposed for location.

Applications for permission to build, erect, or locate a conditional use shall be submitted and processed in accordance with the regulations set forth in this article, prior to the issuance of any permits.

The zoning administrator is authorized to issue a temporary certificate of zoning compliance for temporary uses, as follows:

A.

Carnival or circus for a period not to exceed twenty-one (21) days, subject to the approval of the city council.

B.

Religious meeting in a tent or other temporary structure in the GBD, RLI, or GI districts, for a period not to exceed sixty (60) days.

C.

Open lot sale of Christmas trees, in the NBD, CBD, GBD, RLI, and GI Districts for a period not to exceed forty-five (45) days.

D.

Sale of fireworks in the GBD, RLI, and GI districts for a period not to exceed forty-five (45) days.

E.

Real estate sales office, in any district, for a period not to exceed one (1) year, provided no cooking or sleeping accommodations are maintained in the structure.

F.

Contractor's office and equipment sheds, in any district, for a period of one (1) year, provided that such office is placed on the property to which it is appurtenant.

G.

All temporary certificates of zoning compliance may be renewed provided that it is determined that said use is clearly of a temporary nature, will cause no traffic congestion and will not create a nuisance to surrounding uses.

If the work in any building has not begun within six (6) months from the date of issuance thereof, said permit shall expire; it shall be canceled by the zoning administrator, and written notice thereof shall be given to the persons affected.

Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the zoning administrator, who shall record properly such complaint, investigate within a reasonable time, and take action thereon as provided by this chapter.

Any person violating any provision of the ordinance from which this section was derived shall be guilty of a misdemeanor and, upon conviction, shall be fined up to the maximum amount allowed by state law or imprisoned up to thirty (30) days in jail, as determined by a court of competent jurisdiction for each offense. Each day such violation continues shall constitute a separate offense. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Fines will be determined and review annually by city council.

(Ord. No. 2014-03, § 9, 4-7-14)

It is the intent of this chapter that all questions arising in connection with the enforcement of the chapter shall be presented first to the zoning administrator and that such question shall be presented to the zoning board of appeals only on appeal from the decision of the zoning administrator.

Fees will be levied in order to partially defray expenditures associated with application processing. These fees are due upon submission of an application and shall be determined by the City of Pickens.

Special exceptions, as set forth in Article IV of this chapter, are declared to possess characteristics which require certain controls in order to insure compatibility with other uses in the district within which they are proposed for location.

Special exceptions shall be permitted only for uses specifically listed as permitted by special exception for each zoning district as described in Article IV of this chapter. Approval is subject to a public hearing and a finding by the zoning board of appeals of compatibility with the character of the neighborhood or area in which the proposed use is located, and that it will not impose any undue impact on neighboring parcels.