The provisions of this Zoning Code shall be administered and enforced by the Zoning Inspector or his or her deputies, or such other officials as may be designated by the Shelby City Council.

(Ord. 1-91, passed 3-4-1991)

   (a)   A Zoning Inspector shall be employed for the purpose of granting zoning certificates and to make inspections of premises or buildings necessary in carrying out his or her duties in compliance with the provisions of this Zoning Code. The Zoning Inspector shall be appointed by the Mayor and confirmed by the City Council, and his or her removal shall also be initiated by the Mayor.

   (b)   It shall be unlawful for the Zoning Inspector to issue certificates or approve any plans until he or she has inspected such plans in detail and found them to conform to the provisions of this Zoning Code. The Zoning Inspector shall record and issue certificates for nonconforming uses existing on the effective date of this Zoning Code.

   (c)   The Zoning Inspector shall be responsible for submitting to the City Planning Commission all applications for conditional zoning certificates. The Zoning Inspector shall not refuse to issue a zoning certificate when the provisions or conditions of this Zoning Code are complied with by the applicant.

(Ord. 1-91, passed 3-4-1991)

   A zoning certificate shall be required for the following:

   (a)   Construction of or structural modification in any building, including accessory buildings;

   (b)   Change in the use of an existing building or accessory building to a use of a different classification;

   (c)   Occupancy and use of vacant land;

   (d)   Change in the use of land to a use of a different classification; and

   (e)   Any change in the use of a nonconforming use.

(Ord. 1-91, passed 3-4-1991)

   (a)   Before constructing, changing the use of, or making structural modifications in any building (including accessory buildings), or changing the use of any premises, application shall be made to the Zoning Inspector for a zoning certificate. The application shall include the following information:

      (1)   A plat plan, drawn to a scale of not less than ten feet to the inch, showing the actual shape, location and exact dimensions of the property to be built upon;

      (2)   The shape, size and location of all buildings and other structures to be erected, altered or moved, and of any building or other structure already on the property;

      (3)   The existing and intended use of the property, including, in residential areas, the total number of dwelling units to be accommodated in the building; and

      (4)   Any other pertinent data that may be required to determine whether the provisions of this Zoning Code are being observed properly.

   (b)   Within 20 days after receipt of the application, the Zoning Inspector shall issue a zoning certificate if the application complies with the requirements of this Zoning Code and the application is accompanied by a proper fee, as indicated in § 1262.08, below. If such certificate is refused for cause, the applicant shall be notified of such refusal and cause within the 20-day period.

   (c)   Unless construction is started within one year from the date of issuance, the zoning certificate shall become void and a new certificate shall be required upon proper application.

(Ord. 1-91, passed 3-4-1991)

   (a)   Purpose. Provision is made in this Zoning Code for a more detailed consideration of each of certain specified uses or activities, as the same may relate to proposed conditions of location, design, size, operation, intensity or use, the generation of traffic and traffic movement, the concentration of population, the processes and equipment employed, and the amount and kind of public facilities and services required, together with any other structural uses possessing these particularly unique characteristics. Such specified uses or activities are designated as conditionally permitted uses and are permitted through the issuances of a conditional zoning certificate, with such conditions and safeguards attached as may be deemed necessary for the protection of the public welfare.

   (b)   Procedure. Any application for a conditional zoning certificate for any land use or structure permitted under this Zoning Code shall be submitted in accordance with the following procedures:

      (1)   Submission to City Planning Commission. An application for a conditional zoning certificate shall be submitted to the City Planning Commission on a special form provided for that purpose. The City Planning Commission, where appropriate, may refer an application to qualified consultants for a report if it seems the proposed use may cause undue traffic generation, population concentrations or extra size sewer and/or water utility systems. The cost of the report shall be at the expense of the applicant and the report shall be furnished to the City Planning Commission within 30 days from the date upon which it was requested.

      (2)   Data required with application. Applications for conditional zoning certificates shall include the following:

         A.   The form supplied by the Zoning Inspector and completed by the applicant; and

         B.   A site plan, plot plan or development plan of the entire property being considered, drawn at a scale of one inch = 100 feet and showing the location of all abutting streets and structures, the types of buildings and their intended use.

      (3)   Review by City Planning Commission. The City Planning Commission shall review the proposed development, as presented, on the submitted plans and specified use. In cases where the City Planning Commission requests a report from a consultant, the application will not be reviewed until the City Planning Commission has received the report, along with a receipt for the cost of the report. The review shall be completed and made public within 60 days following the date the application was submitted.

      (4)   Issuance and revocation of conditional zoning certificates. Only upon conclusion of review procedures relative to a particular application may the Commission issue a conditional zoning certificate. A breach of any safeguard, condition or requirement shall automatically invalidate the certificate granted and shall constitute a violation of this Zoning Code. This violation shall be declared a nuisance as per § 1262.09.

      (5)   Continuation of existing uses declared to be conditionally permissible. The owner of any use existing at the time of the enactment of this Zoning Code and conditionally permissible within its district, as determined under this Zoning Code by the City Planning Commission, shall apply within one year after the enactment of this Zoning Code to the Zoning Inspector for a conditional zoning certificate and the Zoning Inspector shall issue the certificate.

(Ord. 1-91, passed 3-4-1991)

   (a)   A site plan shall be submitted to the City Planning Commission for approval of:

      (1)   Any use or development for which the submission of a development plan is required by any provision of this Zoning Code;

      (2)   Any conditionally permitted use within any R-Residential District; or

      (3)   A planned unit development as provided for in Chapter 1290.

   (b)   Every site plan submitted to the City Planning Commission shall contain such information and be submitted in such form as the City Planning Commission may prescribe in its rules. Supporting evidence in the form of a map, chart, table or drawing shall be declared to be an exact or accurate representation of the development proposal shown on the site plan.

   (c)   Approval of the site plan by the City Planning Commission and City Council shall constitute approval of the development. The breach of any requirement or the misrepresentation of facts, figures or other supporting evidence by the applicant shall be subject to the penalty prescribed in § 1262.99 and shall automatically invalidate the zoning certificate granted.

(Ord. 1-91, passed 3-4-1991)

   No building permit or zoning certificate shall be issued without evidence that the City Division of Health has approved the sanitary disposal system for which the building permit or zoning certificate has been requested. This provision does not apply to areas that are serviced by community sewer and water facilities.

(Ord. 1-91, passed 3-4-1991)

   (a)   City Council may, from time to time, prescribe and amend by ordinance a schedule of fees to be charged to applicants for all applications and permits as indicated in division (e) hereof.

   (b)   City Council shall, by ordinance, establish a schedule of fees, charges and expenses and a collection procedure for zoning certificates, amendments, appeals, exceptions, variances, conditional use certificates, plan approvals and other matters pertaining to the administration and enforcement of this Zoning Code and requiring investigations, inspections, legal advertising, postage and other expenses. The schedule of fees shall be posted in the City Hall and the office of the Zoning

Inspector and may be altered or amended only by City Council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

   (c)   When the City Planning Commission or the Board of Zoning Appeals deems it necessary to cause special studies to be made, the applicant shall bear all direct and related costs.

   (d)   All fees shall be paid to the Zoning Inspector at the time an application is filed or whenever a certificate, amendment, appeal, exception, variance, conditional use certificate, plan approval or other matter is requested.

   (e)   A schedule of fees is hereby established as follows:

 

 

(Ord. 24-99, passed 6-21-1999)

   Buildings erected, altered, moved, razed or converted, or any use of land or premises carried on in violation of any provision of this Zoning Code, are declared to be a nuisance per se. Any building or land use activities considered possible violations of the provisions of this Zoning Code, which are observed by any city official, shall be reported to the Zoning Inspector.

(Ord. 1-91, passed 3-4-1991)

   The Zoning Inspector shall inspect each alleged violation and shall, in writing, order the correction of all conditions which are found to be in violation of this Zoning Code.

(Ord. 1-91, passed 3-4-1991)

   All violations shall be corrected within a period of 30 days after the written order is issued or for a longer period of time as indicated by the Zoning Inspector in the written order. Any violations not corrected within the specified period of time shall be reported to the City Law Director, who shall initiate prosecution procedures.

(Ord. 1-91, passed 3-4-1991)

   Whoever, being the owner or owners of any building or premises or part thereof where anything in violation of this Zoning Code is placed or exists, or a tenant or occupant of the building or premises, or an architect, builder or contractor who assists in the commission of any such violation, or any other person, violates or fails to comply with any of the provisions of this Zoning Code shall be fined not less than $25 nor more than $100 for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

(Ord. 1-91, passed 3-4-1991)