ADMINISTRATION, ENFORCEMENT, AND CERTIFICATE OF ZONING COMPLIANCE
The Zoning Administrator shall be designated by the City Council and shall administer and enforce the provisions of this chapter. The Zoning Administrator shall have the following powers and duties:
(1)
The Zoning Administrator shall issue all permits and certificates required by this chapter.
(2)
If the Zoning Administrator shall find that any of the provisions of this chapter are being violated, the Administrator shall notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it.
(3)
The Zoning Administrator shall:
a.
Order the discontinuance of illegal uses of land, buildings or structures;
b.
Order the removal of illegal buildings or structures or of additions, alterations or structural changes thereto;
c.
Order the discontinuance of any illegal work being done; and
d.
Take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
(Ord. No. 394(2nd Ser.), § 1(11.30), 11-26-2007)
No land shall be occupied or used, nor shall any building hereafter erected or structurally altered be occupied or used, in whole or in part, for any purpose whatsoever, until a certificate is issued by the Zoning Administrator stating that the building and use comply with the provision of this chapter. The following provisions shall apply:
(1)
No change of use shall be made in any building or part thereof, now or hereafter erected or structurally altered, without a permit being issued therefor by the Zoning Administrator. No permit shall be issued to make a change unless the changes are in conformity with the provision of this chapter.
(2)
Nothing in this article shall prevent the continuance of a nonconforming use as hereinbefore authorized, unless a discontinuance is necessary for the safety of life or property.
(3)
Applications for Certificate of Zoning Compliance shall be applied for coincidentally with the building permit and shall be issued within seven days after the lawful erection or alteration of the building is completed. A record of all certificates shall be kept on file in the office of the Zoning Administrator, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.
(4)
No permit for excavation for, or the erection or alteration of any building shall be issued before the application has been made for a Certificate of Zoning Compliance, and no building or premises shall be occupied until that Certificate is issued. A temporary Certificate of Zoning Compliance may be issued by the Zoning Administrator for a period not to exceed six months during alterations for partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.
(5)
Verification of a preexisting nonconforming use shall be required for all nonconforming uses prior to the additional permits being used. Application for permits shall be filed with the Zoning Administrator, accompanied by affidavits or other proof that the nonconforming uses were not established in violation of previous City Code provisions.
(Ord. No. 394(2nd Ser.), § 1(11.30), 11-26-2007)
Each application for Certificate of Zoning Compliance shall be accompanied by a plan, in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape and location of the building to be erected, and such other information as may be necessary to provide for the enforcement of this chapter. A record of applications and plans shall be kept in the office of the Zoning Administrator.
(Ord. No. 394(2nd Ser.), § 1(11.30), 11-26-2007)
Subd. 1.
Every person violates this chapter when he performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof.
Subd. 2.
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 City Attorney, in addition to other remedies, may institute any proper action or proceed in the name of the City to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, conduct, business or use in or about said premises.
Subd. 3.
Each day that a violation is permitted to exist constitutes a separate offense.
(Ord. No. 394(2nd Ser.), § 1(11.30), 11-26-2007)
ADMINISTRATION, ENFORCEMENT, AND CERTIFICATE OF ZONING COMPLIANCE
The Zoning Administrator shall be designated by the City Council and shall administer and enforce the provisions of this chapter. The Zoning Administrator shall have the following powers and duties:
(1)
The Zoning Administrator shall issue all permits and certificates required by this chapter.
(2)
If the Zoning Administrator shall find that any of the provisions of this chapter are being violated, the Administrator shall notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it.
(3)
The Zoning Administrator shall:
a.
Order the discontinuance of illegal uses of land, buildings or structures;
b.
Order the removal of illegal buildings or structures or of additions, alterations or structural changes thereto;
c.
Order the discontinuance of any illegal work being done; and
d.
Take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
(Ord. No. 394(2nd Ser.), § 1(11.30), 11-26-2007)
No land shall be occupied or used, nor shall any building hereafter erected or structurally altered be occupied or used, in whole or in part, for any purpose whatsoever, until a certificate is issued by the Zoning Administrator stating that the building and use comply with the provision of this chapter. The following provisions shall apply:
(1)
No change of use shall be made in any building or part thereof, now or hereafter erected or structurally altered, without a permit being issued therefor by the Zoning Administrator. No permit shall be issued to make a change unless the changes are in conformity with the provision of this chapter.
(2)
Nothing in this article shall prevent the continuance of a nonconforming use as hereinbefore authorized, unless a discontinuance is necessary for the safety of life or property.
(3)
Applications for Certificate of Zoning Compliance shall be applied for coincidentally with the building permit and shall be issued within seven days after the lawful erection or alteration of the building is completed. A record of all certificates shall be kept on file in the office of the Zoning Administrator, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.
(4)
No permit for excavation for, or the erection or alteration of any building shall be issued before the application has been made for a Certificate of Zoning Compliance, and no building or premises shall be occupied until that Certificate is issued. A temporary Certificate of Zoning Compliance may be issued by the Zoning Administrator for a period not to exceed six months during alterations for partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.
(5)
Verification of a preexisting nonconforming use shall be required for all nonconforming uses prior to the additional permits being used. Application for permits shall be filed with the Zoning Administrator, accompanied by affidavits or other proof that the nonconforming uses were not established in violation of previous City Code provisions.
(Ord. No. 394(2nd Ser.), § 1(11.30), 11-26-2007)
Each application for Certificate of Zoning Compliance shall be accompanied by a plan, in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape and location of the building to be erected, and such other information as may be necessary to provide for the enforcement of this chapter. A record of applications and plans shall be kept in the office of the Zoning Administrator.
(Ord. No. 394(2nd Ser.), § 1(11.30), 11-26-2007)
Subd. 1.
Every person violates this chapter when he performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof.
Subd. 2.
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 City Attorney, in addition to other remedies, may institute any proper action or proceed in the name of the City to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, conduct, business or use in or about said premises.
Subd. 3.
Each day that a violation is permitted to exist constitutes a separate offense.
(Ord. No. 394(2nd Ser.), § 1(11.30), 11-26-2007)