Sevier County Unincorporated
City Zoning Code
City Zoning Code
ENFORCEMENT
§ 154.265 PERMITS REQUIRED.
(A) Any person, firm or corporation desiring to construct a building in the unincorporated territory of the county shall first apply for a permit to the Zoning Administrator.
(B) All applications for building permits shall be accompanied by a plat showing the size and location of the existing buildings and buildings to be erected. The plat shall also show the zone in which the lot or parcel of land is located.
(Ord. 2024-5-3, passed 5-13-2024) Penalty, see § 154.999
§ 154.266 POWERS AND DUTIES OF AN ENFORCEMENT OFFICER.
(A) The Zoning Administrator and other county staff shall enforce all the provisions of this chapter, entering actions in the courts when necessary, and their failure to do so shall not legalize any violation of such provisions.
(B) Upon appeal to the Board of Adjustment of any matter on which said Board is required to pass, the Zoning Administrator shall transmit all papers, records and other pertinent data pertaining to the appeal to said Board.
(C) The Zoning Administrator shall also refer matters to the Health Department, Board of County Commissioners and other agencies as required by this chapter when applicable.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.267 CIVIL ENFORCEMENT.
Appropriate actions and proceedings may be taken by the county, in law or in equity to prevent any violation of this chapter; to prevent unlawful construction; to recover damages; to restrain, correct or decrease a violation; and to prevent illegal occupancy of a building, structure or premises.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.268 STAY ORDER.
In order to maintain the status quo pending the appeal of any decision, the county may issue a stop-work order mandating that all development activities cease in accordance with the terms of the order. Said order may be appealed to the Board of County Commissioners within five days of the receipt by any aggrieved person.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.269 BUILDING PERMITS REQUIRED.
No building permit shall be issued for the construction of any building or structure located on a lot subdivided or sold in violation of the provisions of this chapter, nor shall the county have any obligation to issue certificates of occupancy or extend utility service to any parcel created in violation of this chapter.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.270 RECONSIDERATION/REVOCATION OF APPROVAL, PERMITS AND LICENSES.
(A) An approved development application, permit or license may be reconsidered and revoked by the Zoning Administrator, the Planning Commission or the Board of County Commissioners upon recommendation of the Zoning Administrator in accordance with the procedures set forth in if it is determined that the application, decision, permit or license was based on materially inaccurate or incomplete information.
(B) The Zoning Administrator shall inform the Planning Commission and Board of County Commissioners when an application, permit or license has been revoked.
(1) Required findings. The approving body may revoke the development approval, permit or license upon making one or more of the following findings:
(a) That the development permit was issued on the basis of erroneous or misleading information or misrepresentation provided by the applicant; and
(b) That the terms or conditions of approval of the permit relating to establishment or operation of the use, building or structure have been violated or that other laws or regulations of the county, state, federal or regional agencies applicable to the development have been violated.
(2) Decision and notice. Within ten days of the decision, the approving body shall notify the holder of the permit or license of the decision, and any other person who has filed a written request for such notice.
(3) Effect. A decision to revoke a development permit or license shall become final at the determination of the Zoning Administrator up to five days after the date notice of the decision was given. After the effective date, all activities pursuant to such permit shall be deemed in violation of this chapter.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.271 VIOLATION - NOTICE TO CORRECT.
Whenever the Zoning Administrator shall observe any apparent violation or infraction of this chapter, he or she shall inform and notice the property owner on whose land the apparent violation occurs, setting forth the nature of the alleged violation, together with a statement of what must be done to correct said alleged violation and a statement of the time in which said alleged violation must be corrected. Failure to notify, however, shall not be deemed approval of any violation.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.272 APPEAL.
(A) No person may challenge, in District Court, a county’s land use decisions made under this chapter or under the regulation made under authority of this chapter until that person has gone through the administrative remedies as outlined in this subchapter.
(B) Any person adversely affected by any decision made in the exercise of the provisions of this subchapter may file a petition for review of the decision with the District Court within 30 days after the local decision is rendered.
(C) The courts shall:
(1) Presume that land use decisions and regulations are valid; and
(2) Determine only whether or not the decision is arbitrary, capricious or illegal.
(Ord. 2024-5-3, passed 5-13-2024)