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Raton City Zoning Code

ADMINISTRATION AND

ENFORCEMENT

§ 156.190 ZONING ENFORCEMENT OFFICER.

   The City Manager or Planning Director designated by the Mayor with the approval of the City Commission shall administer and enforce this chapter, or his or her designee.
(1981 Code, App. A) (Ord. 624, Art. XIV, § 1, passed 2-25-1975;Am. Ord. 953, passed 10-14-2008)

§ 156.191 ZONING PERMIT REQUIRED.

   No building sign, or other structure, shall be erected, moved, added to, or structurally altered without a permit therefor, issued by the City Manager or Planning Director. No zoning permit shall be issued except in conformity with the provisions of this chapter, except after written order from the City Planning and Zoning Commission in the form of an interpretation involving uses, or a special exception or variance, as provided in § 156.213. If the permit is denied, reasons shall be stated in writing for the denial.
(1981 Code, App. A) (Ord. 624, Art. XIV, § 2, passed 2-25-1975; Am. Ord. 953, passed 10-14-2008) Penalty, see § 10.99

§ 156.192 APPLICATION FOR ZONING PERMIT.

   Each application to the Planning Director, or his or her designee, for a zoning permit shall be accompanied by plot plans drawn to scale in duplicate showing:
   (A)   The actual dimensions of the lot to be built upon;
   (B)   The size of the buildings to be erected;
   (C)   The location of existing structures on the lot, if any;
   (D)   The number of dwelling units the building is designed to accommodate; and
   (E)   The other information as may be essential to determine whether the provisions of this chapter are being observed.
(1981 Code, App. A) (Ord. 624, Art. XIV, § 3, passed 2-25-1975; Am. Ord. 953, passed 10-14-2008)

§ 156.194 COMPLAINTS, ZONING REMEDIES, AND THE LIKE.

   (A)   Complaints, remedies, and penalties. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. The complaint, stating fully the causes and basis thereof, shall be filed with the City Manager or Building Inspector. He or she shall record the complaint properly, investigate promptly, and take action thereon as provided by this chapter.
   (B)   Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this chapter, or regulated in the furtherance hereof, the City Commission, City Attorney, City Manager or Building Inspector, or any other proper city official, may institute any appropriate action or proceedings, to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintaining, or use; to restrain, correct, or abate the violation, or to prevent the occupancy of the building, structure or land, or to prevent any illegal act, conduct, business, or use in or about the premises.
   (C)   Penalties. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any structure or land is used in violation of this chapter; or there is violation of any condition or requirement in connection with special exception, variance, or rezoning under the terms of this chapter, the violations shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction, be punished in the manner as is prescribed by law for the perpetration of a misdemeanor.
(1981 Code, App. A) (Ord. 624, Art. XIV, § 5, passed 2-25-1975; Am. Ord. 699, passed 6-8-1982)

§ 156.195 ZONING PERMITS.

   (A)   Establishment. 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 partially altered or enlarged in its use of structure until a zoning permit has been issued by the Zoning Enforcement Officer, stating that the proposed use of the building or land conforms to the requirements of this chapter.
   (B)   Application. An application for permit shall be submitted in the form as the Zoning Enforcement Officer shall require.
   (C)   Plans. Application for permits shall be accompanied by the drawings of the proposed work, drawn to scale, including the flood plains, sections, elevations, and structural details, as the enforcement office may require.
   (D)   Plot diagrams. There shall also be filed a plot diagram showing the lot in a form and size suitable for filing permanently within the permit record, drawn to scale, with all dimension figures, showing accurately by the size and exact location of all proposed new construction or in the case of demolition, of the construction as is to be demolished and of all existing buildings and structures that are to remain.
   (E)   Amendments. Nothing in this section shall prohibit the filing of amendments to an application or to a plan or other record, accompanying the same at any time before the completion of the use for which the permit was sought. The amendment, after approval, shall be filed with and be deemed a part of the original application.
   (F)   Action upon application.
      (1)   It shall be the duty of the enforcement officer, to examine applications for zoning permits, within a reasonable time after filing.
      (2)   If, after examination, he or she finds no objection to the same and it appears that the proposed use will be in compliance with the laws and ordinances applicable thereto, he or she shall approve the application and issue a permit for the proposed use as soon as practicable.
      (3)   If this examination reveals otherwise, he or she will reject the application, noting his or her findings in a report to be attached to the application and delivering a copy to the applicant.
   (G)   Conditions of permit.
      (1)   (a)   All uses performed under a permit issued by the Enforcement Officer shall conform to the approved application and plans, and approved amendments thereof.
         (b)   The location of all new construction as shown on the approved plat diagram or an approved amendment therefor, shall be strictly adhered to.
         (c)   It shall be unlawful to reduce or diminish the area of a lot or plat of which a plat diagram has been filed and has been used as basis for a permit, unless a revised plat diagram showing the proposed change in conditions shall have been filed and approved, providing that this shall not apply when the lot is reduced by reason of a street opening or widening or other public improvement.
         (d)   If the work described in any zoning permit has not begun within 2 years from the date of issuance thereof, the permit shall expire, it shall be cancelled by the Zoning Enforcement Officer, and written notice thereof shall be given to the person or persons affected.
      (2)   If the work described in any zoning permit has not been substantially completed within 3 years of the date of issuance thereof, the permit shall expire and be cancelled by the zoning enforcement officer, and written notice thereof, shall be given to the person or persons affected together with notice that further work as described in the cancelled permit shall not proceed unless a new zoning permit has been obtained.
   (H)   Signature required. Every use permit issued by the Zoning Enforcement Officer under the provisions of this chapter shall have his or her signature affixed thereto.
(1981 Code, App. A) (Ord. 624, Art. XIV, § 5A, passed 2-25-1975; Am. Ord. 769, passed 1-26-1988) Penalty, see § 10.99

§ 156.196 FEES, CHARGES, AND EXPENSES.

   (A)   Schedule of fees, charges, and expenses. The City Commission shall establish a schedule of fees, charges, and other matters pertaining to these regulations. This schedule of fees shall be posted in the office of the City Clerk/Treasurer and may be altered or amended by the City Commission, which action may be by majority vote of the City Commission.
 
Action or Service
Charge
Change of zoning
$350
Variance or special exception
$150
Zoning permit
$35
Floodplain review (should property be determined to be located within a floodplain)
$35
Assignment of address
$15
 
(Am. Ord. 856, passed 6-25-1996; Am. Ord. 878, passed 1-27-1998; Am. Ord. 953, passed 10-14-2008)
   (B)   No action until fees paid. No permit, certificate, special exception, or variance shall be issued or granted, unless and until the costs, charges, fees, or expenses have bean paid in full; nor shall any action be taken on proposed amendments or on proceedings before the Board of Adjustment, unless and until applicable charges and fees have been paid.
(1981 Code, App. A) (Ord. 624, Art. XIV, § 6, passed 2-25-1975; Am. Ord. 699, passed 6-8-1982)