The Town Engineer or Planning Commission shall be charged with the administration and enforcement of this title. (Ord. 17-02, 3-16-2017)
10-4-2: ZONING CLEARANCE REQUIRED:
No building permit shall be issued for construction within the Town until the application therefor has been approved by the Town Engineer or Planning Commission. The Town Engineer or Planning Commission shall not give such approval until he/she is satisfied that the proposed construction and subsequent use of the building proposed to be constructed will comply with the requirements of the zone in which the building will be situated. (Ord. 17-02, 3-16-2017)
10-4-3: BUILDINGS TO BE ON ZONING LOT:
No building permit authorizing the use of land or the construction or alteration or moving of a building structure on a lot shall be issued unless the parcel of land upon which the use is to be conducted or the building constructed, altered or moved shall qualify as a zoning lot, as defined in section 10-2-1 of this title. (Ord. 17-02, 3-16-2017)
10-4-4: BUILDING PERMIT TO COMPLY WITH TITLE:
From the effective date hereof, no permit shall be granted for the construction or alteration of any building or structure, or for the moving of a building or structure onto a lot, or for the change of use of any land, building or structure, if such construction, alteration, moving or change of use would be a violation of any of the provisions of this title, nor shall any sewer or water service line or electric utilities be installed to serve the premises if such use would be a violation of this title. (Ord. 17-02, 3-16-2017)
10-4-5: CONSTRUCTION AND USE TO COMPLY WITH PERMIT:
Permits issued on the basis of plans and specifications approved by the Town Engineer authorize only the use, arrangements and construction set forth in such approved applications. Any use, arrangements or construction at variance with that authorized shall be deemed to be a violation of this title. (Ord. 17-02, 3-16-2017)
10-4-6: LICENSE TO COMPLY WITH TITLE:
No business or similar permit shall be issued which would not be in conformance with the provisions of this title. Any permit so issued shall be null and void. (Ord. 17-02, 3-16-2017)
10-4-7: RESPONSIBILITY FOR VIOLATION:
It shall be the responsibility of the owner and any and all builders, contractors, subcontractors, real estate agents and any other person having to do with the establishment of any use of land, or the erecting, altering or relocation of any building, to make sure that a proper permit has been obtained before work is begun. Any person doing any work on a project for which a proper permit has not been obtained shall be deemed guilty of a violation of this title. (Ord. 17-02, 3-16-2017)
10-4-8: UTILITY INSTALLATION UNLAWFUL WITHOUT BUILDING PERMIT:
It shall be unlawful for any person, firm or corporation to install or allow to be installed, any sewer or water service lines, or any gas, telephone or electric utility connection to serve the premises before a building permit has been properly approved and issued by the Town Engineer or Planning Commission, and any person who shall install or authorize the installation of any such line or connection shall be in violation of this title. (Ord. 17-02, 3-16-2017)
10-4-9: RECOVERY OF DAMAGES; NONLIABILITY OF TOWN:
Any person purchasing a lot or parcel of land who may be injured as the consequences of a denial of a building permit, which purchase was made pursuant to inaccurate, incorrect, untrue or fraudulent information on the part of the seller or his agent, may recover damages from the seller or his agent by civil action. However, the Town shall not be civilly liable for any damages that may occur as a consequence of the denial of a building permit based upon such information. (Ord. 17-02, 3-16-2017)
10-4-10: USES PROHIBITED IN ZONE UNLESS EXPRESSLY PERMITTED:
Uses of land which are not expressly permitted within a zone are hereby declared to be expressly prohibited therein, except as may be permitted by action of the Planning Commission or Town Council, pursuant to express authority given under the terms of this title. Neither the Planning Commission, Appeal Authority, nor the Town Engineer shall permit a use within a zone which is not expressly permitted by the terms of this title. (Ord. 17-02, 3-16-2017)
10-4-11: STATUS OF PREEXISTING ILLEGAL USE:
Any building or use of land or any construction thereon, or any subdivision of land, which was not authorized by or under the preexisting zoning or subdivision regulations, as amended, or which is illegal under such regulations, shall remain unauthorized and illegal unless expressly authorized or permitted in the provisions of this title. (Ord. 17-02, 3-16-2017)
10-4-12: USES ON LEASED LAND TO COMPLY WITH TITLE:
Any person who may obtain State or Federal properties by purchase, lease or other arrangements must utilize such properties in accordance with the provisions of this title. (Ord. 17-02, 3-16-2017)
10-4-13: REVIEW FEES:
All costs for the processing of applications for subdivision, large scale developments, zone changes, Appeal Authority rulings and similar actions required under the terms of this title shall be born by the applicant. The Town Council may, by resolution, establish fees for the processing of such applications and the administration of this title, and provide for the assessment and collection thereof. (Ord. 17-02, 3-16-2017)
10-4-14: CONFLICTING PROVISIONS:
Whenever the provisions of this title conflict with the provisions of any other ordinance, resolution or part thereof, the more stringent shall prevail. (Ord. 17-02, 3-16-2017)
10-4-15: PENALTY:
A. Any person, firm or corporation, whether as principal, agent, employee or otherwise, who shall erect, construct, reconstruct, alter or move a structure which is subject to the provisions of this title without first complying with the relevant provisions and, when applicable, obtaining a building permit therefor; or shall change the use of any land, or perform any act in violation of any provision of this title, or any subsequent amendment thereto, shall be guilty of a Class C misdemeanor, subject to penalty as provided in section 1-4-1 of this Code, for each such offense.
B. Each person, firm or corporation found guilty of violation shall be deemed guilty of a separate offense for every day during which any violation of any provision of this title is committed, continued or permitted.
C. Each person, firm or corporation who transfers or sells land in a subdivision without preparing and having approved a plat thereof in accordance with chapter 14 of this title shall be deemed guilty of a violation for each lot transferred or sold, and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt such transaction from such violation. (Ord. 17-02, 3-16-2017)
Stockton City Zoning Code
CHAPTER 4
ADMINISTRATION AND ENFORCEMENT
10-4-1: ENFORCEMENT OFFICIALS:
The Town Engineer or Planning Commission shall be charged with the administration and enforcement of this title. (Ord. 17-02, 3-16-2017)
10-4-2: ZONING CLEARANCE REQUIRED:
No building permit shall be issued for construction within the Town until the application therefor has been approved by the Town Engineer or Planning Commission. The Town Engineer or Planning Commission shall not give such approval until he/she is satisfied that the proposed construction and subsequent use of the building proposed to be constructed will comply with the requirements of the zone in which the building will be situated. (Ord. 17-02, 3-16-2017)
10-4-3: BUILDINGS TO BE ON ZONING LOT:
No building permit authorizing the use of land or the construction or alteration or moving of a building structure on a lot shall be issued unless the parcel of land upon which the use is to be conducted or the building constructed, altered or moved shall qualify as a zoning lot, as defined in section 10-2-1 of this title. (Ord. 17-02, 3-16-2017)
10-4-4: BUILDING PERMIT TO COMPLY WITH TITLE:
From the effective date hereof, no permit shall be granted for the construction or alteration of any building or structure, or for the moving of a building or structure onto a lot, or for the change of use of any land, building or structure, if such construction, alteration, moving or change of use would be a violation of any of the provisions of this title, nor shall any sewer or water service line or electric utilities be installed to serve the premises if such use would be a violation of this title. (Ord. 17-02, 3-16-2017)
10-4-5: CONSTRUCTION AND USE TO COMPLY WITH PERMIT:
Permits issued on the basis of plans and specifications approved by the Town Engineer authorize only the use, arrangements and construction set forth in such approved applications. Any use, arrangements or construction at variance with that authorized shall be deemed to be a violation of this title. (Ord. 17-02, 3-16-2017)
10-4-6: LICENSE TO COMPLY WITH TITLE:
No business or similar permit shall be issued which would not be in conformance with the provisions of this title. Any permit so issued shall be null and void. (Ord. 17-02, 3-16-2017)
10-4-7: RESPONSIBILITY FOR VIOLATION:
It shall be the responsibility of the owner and any and all builders, contractors, subcontractors, real estate agents and any other person having to do with the establishment of any use of land, or the erecting, altering or relocation of any building, to make sure that a proper permit has been obtained before work is begun. Any person doing any work on a project for which a proper permit has not been obtained shall be deemed guilty of a violation of this title. (Ord. 17-02, 3-16-2017)
10-4-8: UTILITY INSTALLATION UNLAWFUL WITHOUT BUILDING PERMIT:
It shall be unlawful for any person, firm or corporation to install or allow to be installed, any sewer or water service lines, or any gas, telephone or electric utility connection to serve the premises before a building permit has been properly approved and issued by the Town Engineer or Planning Commission, and any person who shall install or authorize the installation of any such line or connection shall be in violation of this title. (Ord. 17-02, 3-16-2017)
10-4-9: RECOVERY OF DAMAGES; NONLIABILITY OF TOWN:
Any person purchasing a lot or parcel of land who may be injured as the consequences of a denial of a building permit, which purchase was made pursuant to inaccurate, incorrect, untrue or fraudulent information on the part of the seller or his agent, may recover damages from the seller or his agent by civil action. However, the Town shall not be civilly liable for any damages that may occur as a consequence of the denial of a building permit based upon such information. (Ord. 17-02, 3-16-2017)
10-4-10: USES PROHIBITED IN ZONE UNLESS EXPRESSLY PERMITTED:
Uses of land which are not expressly permitted within a zone are hereby declared to be expressly prohibited therein, except as may be permitted by action of the Planning Commission or Town Council, pursuant to express authority given under the terms of this title. Neither the Planning Commission, Appeal Authority, nor the Town Engineer shall permit a use within a zone which is not expressly permitted by the terms of this title. (Ord. 17-02, 3-16-2017)
10-4-11: STATUS OF PREEXISTING ILLEGAL USE:
Any building or use of land or any construction thereon, or any subdivision of land, which was not authorized by or under the preexisting zoning or subdivision regulations, as amended, or which is illegal under such regulations, shall remain unauthorized and illegal unless expressly authorized or permitted in the provisions of this title. (Ord. 17-02, 3-16-2017)
10-4-12: USES ON LEASED LAND TO COMPLY WITH TITLE:
Any person who may obtain State or Federal properties by purchase, lease or other arrangements must utilize such properties in accordance with the provisions of this title. (Ord. 17-02, 3-16-2017)
10-4-13: REVIEW FEES:
All costs for the processing of applications for subdivision, large scale developments, zone changes, Appeal Authority rulings and similar actions required under the terms of this title shall be born by the applicant. The Town Council may, by resolution, establish fees for the processing of such applications and the administration of this title, and provide for the assessment and collection thereof. (Ord. 17-02, 3-16-2017)
10-4-14: CONFLICTING PROVISIONS:
Whenever the provisions of this title conflict with the provisions of any other ordinance, resolution or part thereof, the more stringent shall prevail. (Ord. 17-02, 3-16-2017)
10-4-15: PENALTY:
A. Any person, firm or corporation, whether as principal, agent, employee or otherwise, who shall erect, construct, reconstruct, alter or move a structure which is subject to the provisions of this title without first complying with the relevant provisions and, when applicable, obtaining a building permit therefor; or shall change the use of any land, or perform any act in violation of any provision of this title, or any subsequent amendment thereto, shall be guilty of a Class C misdemeanor, subject to penalty as provided in section 1-4-1 of this Code, for each such offense.
B. Each person, firm or corporation found guilty of violation shall be deemed guilty of a separate offense for every day during which any violation of any provision of this title is committed, continued or permitted.
C. Each person, firm or corporation who transfers or sells land in a subdivision without preparing and having approved a plat thereof in accordance with chapter 14 of this title shall be deemed guilty of a violation for each lot transferred or sold, and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt such transaction from such violation. (Ord. 17-02, 3-16-2017)