The intent of this article is to provide for suitable and proper administration and enforcement of the provisions of this chapter; to designate the enforcing officer and to outline the proper steps to be taken by parties interested in constructing, erecting, or modifying a structure or other land use; and to set forth the penalties for violating the provisions of this chapter.

(Ord. No. 2019-01, 4/15/19)

The building inspector is hereby appointed as the zoning administrator and it shall be his duty to administer and to enforce this chapter. The building inspector shall keep records of all and any permits, the certificates of occupancy issued, and all submitted subdivision plats, with notations of all special conditions involved. He shall file and safely keep copies of all sketches and plans submitted, and the same shall form a part of the records of his office and shall be made as a public record. The building inspector does not have the authority to take final action on applications or matters involving variances, nonconforming uses, or other exceptions which this regulation has reserved for public hearings.

(Ord. No. 2019-01, 4/15/19)

A building permit, or a sign permit in case of a sign, issued by the zoning administrator is required in advance of the initiation of construction, erection, moving, or alteration of any building or structure or sign. No building permit or sign permit shall be issued except in conformity with the provisions of this chapter; however, a building permit issued before the adoption of this chapter shall remain valid with the same qualifications as issued under this chapter.

(Ord. No. 2019-01, 4/15/19)

(a)

All applications for building permits shall be accompanied by a plat or plan in duplicate, drawn to scale showing the actual dimensions of the lot to be built upon; the size of the building to be erected; the location of the building on the lot; the size and location of the lot; the number of dwelling units the building is designed to accommodate; the setback lines of buildings on adjoining lots and such other information as may be essential for determining whether the provisions of this chapter are being observed. Any building permit shall become void if the work involved has not begun within six (6) months after the date of issuance of the permit, or if the work or development authorized by such permit is suspended or abandoned for a period of six (6) months after the work or development is commenced; provided that extensions of time for periods not exceeding six (6) months each may be allowed in writing by the zoning administrator.

(b)

The applicant for a building permit shall submit a certificate with his application which certifies that the lot which he proposes to develop is a lot of record. When the lot in question does not meet the lot width and lot area requirements of this chapter, then the applicant shall certify that such lot was a lot of record prior to the adoption of this chapter or is a lot which has been created through governmental taking of property.

(c)

Building permits issued by the zoning administrator will identify buildings by assigning a street identification number. House street numbers of residential, commercial, and industrial buildings will display street identification numbers of at least three (3) inches in height, that are visible from the facing street (see article E).

(Ord. No. 2019-01, 4/15/19)

Certificates of occupancy shall be issued by the zoning administrator in accordance with the following provisions:

(1)

Certificate of occupancy. Certificate of occupancy issued by the zoning administrator is required in advance of occupancy or use of:

a.

A building hereafter erected;

b.

A building hereafter altered so as to affect height, the side, front or rear yard; or

c.

Any building or premises where a change in the type of occupancy or use will occur.

(2)

Issuance of certificate of occupancy. Upon payment of any required fees, the zoning administrator shall sign and issue a certificate if the proposed use of land or building as stated on the certificate of occupancy is signed thereto by the owner or his appointed agent and is found to conform to the applicable provisions of this chapter, and if the building, as finally constructed, complies with the sketch or plan submitted and approved for the building permit. One (1) copy of all certificates of occupancy issued which contain a statement of the intended use of the applicable property, floor loads, and other pertinent information, signed by the owner or his agent shall be kept on file in the office of the zoning administrator.

(3)

Denial of certificate of occupancy. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this chapter, and the structure conforms with the applicable provisions of the building code and complies with the sketches or plans submitted for obtaining the building permit.

(4)

Right of entry. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the zoning administrator has reasonable cause to believe that there exists in or upon any building, structure, or premises any condition or code violation which makes such building, structure, or premises unsafe, dangerous, or hazardous, the zoning administrator may enter such building, structure, or premises at all reasonable times to inspect the same or to perform any duty imposed upon the zoning administrator by this chapter, provided that if such building, structure, or premises is occupied, the zoning administrator shall first present proper credentials and request entry. If such building, structure, or premises is unoccupied, the zoning administrator shall first make a reasonable effort to locate the owner or other persons having charge or control of such and request entry. If entry is refused, the zoning administrator shall have recourse to every remedy provided by law to secure entry.

(5)

Revocation of certificate of occupancy. The zoning administrator may revoke a certificate of occupancy upon determination that there exists in or upon the building, structure, or premises any use, condition, or code violation which makes such building, structure, or premises unsafe, dangerous, or hazardous for habitation. Written notice of the revocation shall be given to the owner and occupant of the building, structure, or premises five (5) days in advance of the revocation becoming effective. Any occupancy or use of the building, structure, or premises thereafter shall be in violation of this chapter. At such time as the property for which the certificate of occupancy has been revoked has been brought into compliance with the applicable state minimum standard codes and the ordinances of the City and is safe for habitation, and upon payment of the established fee for issuance of a certificate of occupancy, the certificate of occupancy shall be reinstated.

(6)

Authority to disconnect utility services. Upon revocation of the certificate of occupancy of any building, structure, or premises regulated by this chapter, the zoning administrator shall have the power to require the disconnection of utility services to such building, structure, or premises. The zoning administrator shall notify the owner and occupant of the building, structure, or premises of the decision to disconnect prior to the disconnection or as soon as practical thereafter.

(7)

Appeal of revocation or disconnection of utility services. The decision of the zoning administrator to revoke a certificate of occupancy or to require the disconnection of utility services to a building, structure, or premises may be appealed in accordance with the procedures set forth in Section 8-4-132 of this chapter.

(Ord. No. 2019-01, 4/15/19)

Any person violating any provision of this chapter shall be guilty of an offense and upon conviction shall be fined not less than twenty-five dollars ($25.00) or more than one hundred dollars ($100.00) for each offense. Each day such violation continues shall constitute a separate offense.

(Ord. No. 2019-01, 4/15/19)

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, the zoning administrator or any other appropriate authority, or any adjacent or neighboring property owner who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus, or other appropriate action or proceedings to prevent the violation in the case of such building, structure, or land.

(Ord. No. 2019-01, 4/15/19)