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Pulaski County Unincorporated
City Zoning Code

CHAPTER 2

- ADMINISTRATION AND ENFORCEMENT

Section 2.0 - Enforcement.

The Zoning Administrator, herein referred to as the Enforcement Officer, shall administer and enforce these Regulations, and is hereby given the authority and responsibility to enforce all provisions of these Regulations under the direction of the Sole Commissioner of Pulaski County which includes, but is not limited to the following duties:

1.

To serve as a liaison between the Pulaski County Planning and Zoning Board and the Sole County Commissioner keeping each body advised of pending actions pertaining to zoning.

2.

To serve as a non-voting Ex-Officio member of the Planning and Zoning Board to provide technical assistance in matters relating to zoning requests.

3.

To maintain in a timely and current manner the Official Zoning Maps reflecting thereon any and all rezoning amendments approved by the Sole County Commissioner. The Zoning Administrator shall post amendments of the Official Zoning Map within seven (7) calendar days following approval of such action by the Sole County Commissioner.

4.

To perform any other rezoning duties as directed by the Sole County Commissioner.

Section 2.1 - Permits.

The following shall apply in the issuance of any permits:

1.

It shall be unlawful for any person to commence excavation for, or construction of any building structure, or moving of any existing building without first obtaining a building permit from the Building Inspector. No permit shall be issued for the construction, alteration, or remodeling of any building or structure until an application has been submitted in accordance with the provisions of these Regulations, showing that the construction proposed is in compliance with the provisions of these Regulations and with the Building Code.

2.

No plumbing, electrical, drainage, or other permit shall be issued until the Pulaski County Building Inspector has determined the plans and designated use indicate that the structure and premises, if constructed as planned and proposed, will conform to the provisions of these Regulations.

Section 2.2 - Certificates of Occupancy.

It shall be unlawful to use or permit the use of land, building, or structure for which a building permit is required, and to use or permit to be used, any building or structure hereafter altered, extended, erected, repaired, or moved, until the Pulaski County Building Inspector has issued a Certificate of Occupancy stating that the provisions of these Regulations have been complied with.

The Certificate of Occupancy as required for new construction of, or renovations to existing buildings and structures, in the Building Code, shall also constitute Certificates of Occupancy as required by these Regulations.

Temporary Certificates of Occupancy may be issued for a part of a building or structure prior to the occupancy of the entire building or structure, provided that such Temporary Certificate of Occupancy shall not remain in force more than six (6) months, nor more than five (5) days after the building or structure is fully completed and ready for occupancy and, provided further, that such portions of the buildings or structure are in conformity with the provisions of these Regulations.

A record of all Certificates of Occupancy shall be kept in the office of the Zoning Administrator and copies of such Certificates of Occupancy shall be furnished upon request to a person or persons having a proprietary or tenancy interest in the property involved.

Accessory buildings or structures to dwellings shall not require a Certificate of Occupancy, but rather may be included in the Certificate of Occupancy for the principal dwelling, building, or structure on the same lot when such accessory buildings or structures are completed at the same time as the principal use.

Certificates of Occupancy shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or alteration of such building has been completed in conformity with the provisions and requirements of these Regulations. If such Certificate is refused for cause, the applicant therefore shall be notified of such refusal and the cause thereof within ten (10) days.

Section 2.3 - Fees.

Fees for inspections and the issuance of permits or certificates or copies thereof required or issued under the provisions of these Regulations shall be collected by the Zoning Administrator in advance of the issuance of such permits or certificates.

The amount of such fees shall be established by the Sole County Commissioner, from time to time, and shall cover the cost of inspections and supervision resulting from the enforcement of these Regulations. These fees shall be deposited with the County Clerk.

Section 2.4 - Zoning Applications and Amendments.

The Pulaski County Sole Commissioner may amend, supplement, or change the regulations or the district boundaries of these Regulations as established herein. The procedure for submitting a request for an amendment to the Land Development Regulations or district boundaries of the official Zoning Map is stated in the Policies and Procedures Manual for Pulaski County.

Section 2.5.1 - General.

Relief from the application of the provisions of these Regulations may be granted by the Sole Commissioner upon a finding that compliance with such provisions will result in a hardship to the property or owner that is substantially unwarranted by the protection of the public health, safety, or general welfare, and the need for consistency among all properties similarly developed.

Such relief shall be granted only to the extent necessary to alleviate such unnecessary hardship and not as a convenience to the applicant nor to gain any advantage or interest over similarly developed properties.

Section 2.5.2 - Standards for Approval.

A hardship variance may be granted in whole or in part, or with conditions, in such individual case of unnecessary hardship upon a finding by the Sole Commissioner that:

1.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its shape or topography; or

2.

The application of the Ordinance to this particular piece of property would create an unnecessary hardship; or

3.

There are conditions that are peculiar to the property which adversely affect its reasonable use or usability.

If denied, as appeal for a hardship variance affecting the same property shall not be reconsidered for a period of twelve (12) months from the date of denial; provided, however, that the Sole County Commissioner may reduce the waiting period under extenuating circumstances or on his or her own motion.

In no case shall a hardship variance be granted for any of the following:

1.

A condition created by the applicant, including the result of an unwise investment decision or real estate transaction.

2.

A change in the conditions of preliminary or final plat approval.

3.

An increase or a reduction in minimum lot size.