Rothbury City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 154.405 ADMINISTRATION.
The administration of this chapter is hereby vested in the village’s Zoning Administrator, Planning Commission, and Zoning Board of Appeals. The enforcement of this chapter is hereby vested in the village’s Police Chief, or a designated police officer.
(Prior Code, § 154.370) (Ord. 48, passed 6-21-2005)
§ 154.406 ZONING ADMINISTRATOR.
The Zoning Administrator is hereby designated as the administrative officer for the provisions of this chapter. The duties of the Zoning Administrator are as follows:
(A) Receive and file applications for amendment to the Zoning Ordinance, special land use permits, issuance of zoning permits, certification of compliance, and inspection and maintenance of records as required by this chapter; and
(B) The Zoning Administrator shall report all complaints or application for appeal or any actions taken to the ZBA.
(Prior Code, § 154.371) (Ord. 48, passed 6-21-2005)
§ 154.407 ZONING ENFORCEMENT OFFICER.
The Police Chief is hereby designated as the enforcement officer for the provisions of this chapter. The duties of the Zoning Enforcement Officer are as follows:
(A) Receive and file complaints for violations of the Zoning Ordinance, certification of inspections of violations, and maintenance of records as required by this chapter; and
(B) Enforce this chapter with the authority to enter upon any premises, public or private, at a reasonable time and make inspection thereof, and, upon reasonable cause or question or improper compliance, revoke any zoning permit and require the cessation of any building, moving, alteration, or use which is in violation of this chapter. The revocation shall remain in effect until reinstated by the Zoning Administrator, Planning Commission, or the Zoning Board of Appeals.
(Prior Code, § 154.372) (Ord. 48, passed 6-21-2005)
§ 154.408 PLANNING COMMISSION.
(A) The Planning Commission is hereby vested with the following jurisdiction and authority within this chapter:
(1) To act on all applications or on its own initiative for amending the Zoning District Map and the text of this chapter, and to approve, deny, or modify applications for zoning permits, variances, and special exceptions; and
(2) To act on all applications for special land use permits in the same manner as by state law as set forth by state statute.
(B) The Commission may, upon reviewing an application for amendment or special land use and the adequacy of the information, data, maps, reports in support of the application, and upon hearing all interested parties present, act to recommend to the Village Council or request additional information regarding the application. The Commission may also require advisory reports regarding the applications from pertinent federal, state, regional, or county agencies, or other local units of government. Any such stay of proceedings found necessary or appropriate by the Commission in order to obtain additional information shall not exceed 60 days from the date of the public hearing.
(C) Upon approval or special land approval by the Planning Commission of a special land use application, the Zoning Administrator shall issue a special land use permit, which shall be vested with the property rather than the owner. No zoning permit or certificate of compliance shall be issued or reissued without full compliance with this chapter and the conditions of approval as set forth by the Planning Commission.
(Prior Code, § 154.373) (Ord. 48, passed 6-21-2005)
§ 154.409 ZONING PERMIT.
It shall be unlawful for any person to commence excavation for or construction of any building or structure, or structural chances in any existing building or structure, without first obtaining a zoning permit from the Zoning Administrator. No permit shall be issued for the construction, alteration, or remodeling of any building or structure until application has been submitted in accordance with the provisions of this chapter showing that the construction proposed is in compliance with the provisions of this chapter, and other regulations of the village. Zoning permits are valid for 180 days, and may be renewed, by written request, by the Zoning Administrator for an additional 180 days for cause.
(Prior Code, § 154.374) (Ord. 48, passed 6-21-2005) Penalty, see § 154.999
§ 154.410 ORDINANCE AMENDMENTS AND CHANGES.
(A) The Village Council may, from time to time, amend, supplement, or change, by ordinance, the boundaries or districts of regulations herein established. Any proposed amendment, supplement, or change shall be by village initiative, or requested by application or petition from a property owner.
(B) A public hearing shall be held by the Planning Commission before adoption of any proposed amendment, supplement, or change, notice of which hearing shall be given by two publications in a newspaper of general circulation in the village, in accordance with state statute. The notices shall include the places and times at which the tentative text and/or any maps of the proposed amendment supplement or change may be examined. Approval of an amendment to the Zoning Ordinance shall be by Village Council, as required by statute.
(Prior Code, § 154.375) (Ord. 48, passed 6-21-2005)
§ 154.411 COSTS AND FEES.
(A) All applications for amendments to this chapter shall be accompanied with a fee as determined by the Village Council, payable to the Village Clerk, the application to be filed with the Zoning Administrator.
(B) The applicant shall reimburse any publication costs attendant to any application filed under this chapter to the village immediately upon demand of the Village Council.
(Prior Code, § 154.376) (Ord. 48, passed 6-21-2005)
§ 154.412 VIOLATIONS.
Any violation of an approved site plan shall be grounds for the village to order that all construction be stopped and to order that zoning permits, building permits, and certificates of occupancy be withheld until the violation is removed, or until adequate guarantee of removal of the violation is provided to the village. In addition, a violation of any approved site plan, or failure to comply with any requirements of this chapter, including conditions of approval, shall be considered a violation of this chapter.
(Prior Code, § 154.377) (Ord. 48, passed 6-21-2005) Penalty, see § 154.999
§ 154.413 CONFLICTING AUTHORITY.
Authority given to any person or council under this chapter shall be construed as cumulative to, and not derogation of, authority held under any ordinance of the village, the powers and duties contained in this chapter to be construed as separate and distinct from the authorities or duties required of any official or council under any other ordinance of the village, and shall not be construed as conflicting therewith or limiting the scope thereof.
(Prior Code, § 154.378) (Ord. 48, passed 6-21-2005)
§ 154.414 CONFLICTING ORDINANCES.
All ordinances, or parts of ordinances, in conflict with any of the provisions of this chapter are hereby repealed. Any Zoning Ordinance and all supplements or amendments thereto are hereby repealed as of the effective date of this chapter.
(Prior Code, § 154.379) (Ord. 48, passed 6-21-2005)
§ 154.999 PENALTY.
Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and, upon conviction thereof, be subject to a fine of not more than $500 or imprisonment in the county’s jail in Hart for a period of not more than 90 days, or punishable by both such fine and imprisonment. The continued violation of any provision of this chapter shall be deemed to constitute a separate offense each and every day the violation shall continue.
(Prior Code, § 154.999) (Ord. 48, passed 6-21-2005)