Summerset City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 155.390 ADMINISTRATIVE OFFICER.
The provisions of this subchapter shall be administered by the Zoning Administrator, who shall:
(A) Maintain and keep current zoning maps and records of amendments, variances, and conditional use permits;
(B) Conduct inspections as prescribed by this subchapter;
(C) Interpret the provisions of this subchapter;
(D) Issue all building permits and make and maintain records thereof;
(E) Issue all certificates of occupancy and make and maintain records thereof; and
(F) Issue and renew where applicable all temporary use permits and make and maintain records thereof.
(Ord. passed 2-3-2011, § 2.42.010)
§ 155.391 PLANNING AND ZONING BOARD.
The Planning and Zoning Board shall:
(A) Establish rules of procedure that are necessary to the performance of its function under this chapter;
(B) Review and decide all applications for conditional uses in accordance with §§ 155.335 through 155.341;
(C) Review and make recommendation to the Board of Commissioners on all applications brought forth by the public in accordance with this subchapter, or as required by state statutes not specifically identified herein and further, to review annually this subchapter and on the basis of the review, suggest amendments thereto; and
(D) Until such time that a Board of Adjustment has been appointed, the Planning and Zoning Board shall have full power to function as a Board in its jurisdiction.
(Ord. passed 2-3-2011, § 2.42.020)
§ 155.392 BOARD OF COMMISSIONERS.
The Board of Commissioners shall:
(A) Establish rules of procedure that is necessary to the performance of its functions under this subchapter; and
(B) Review and decide all applications and amendments brought forth by the public in accordance with this subchapter.
(Ord. passed 2-3-2011, § 2.42.030)
§ 155.393 RIGHT OF ENTRY.
(A) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the Administrator or his or her authorized representative has reasonable cause to believe that there exists in any building or upon any premises an ordinance violation, the Administrator or his or her authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Administrator by this chapter, provided that if such building or premises be occupied, he or she shall first present proper credentials and request entry; and if such building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Administrator or his or her authorized representative shall have recourse to every remedy provided by law to secure entry.
(B) When the Administrator or his or her authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care, or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Administrator or his or her authorized representative for the purpose of inspection and examination pursuant to this subchapter.
(Ord. passed 2-3-2011, § 2.42.040)
§ 155.394 STOP ORDER.
Whenever any work is being done contrary to the provisions of this chapter, the Administrator may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done; and any such persons shall forthwith stop such work until authorized by the Director to proceed with the work.
(Ord. passed 2-3-2011, § 2.42.050)
§ 155.395 OCCUPANCY VIOLATION.
Whenever any building or structure regulated by this chapter is being used contrary to the provisions of this chapter, the Administrator may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such persons shall discontinue the use within the time prescribed after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this chapter.
(Ord. passed 2-3-2011, § 2.42.060)
§ 155.396 CERTIFICATE OF OCCUPANCY.
No new building shall be occupied and no change in occupancy of a building or part of a building shall be made until after the Administrator shall have issued a certificate of occupancy therefor as regulated in the current Building Codes adopted by the city. After final inspection, if it is found that the building, structure, or land complies with the provisions of this chapter and other laws of this jurisdiction, the Administrator shall issue a certificate of occupancy.
(Ord. passed 2-3-2011, § 2.42.070)
§ 155.397 COOPERATION OF OTHER OFFICIALS AND OFFICERS.
The Administrator may request and shall receive so far as is required, in the discharge of her or his duties, the assistance and cooperation of other officials of this jurisdiction.
(Ord. passed 2-3-2011, § 2.42.080)
§ 155.398 VIOLATION AND PENALTY.
Violations of this chapter shall be treated in the manner specified below.
(A) The owner or agent of a building or premises in or upon which a violation of any provision of this chapter has been committed or shall exist; the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist; or the agent, architect, building contractor, or any other person who commits, takes part in, or assists in any violation or who maintains any building or premises in or upon which such violation shall exist shall be guilty of a violation of a city ordinance. Each and every day that such violation continues after notification may constitute a separate offense.
(B) 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 appropriate authorities of the city, in addition to other remedies, may institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use; to correct or abate such violation; or to prevent the occupancy of said building, structure, or land.
(Ord. passed 2-3-2011, § 2.42.090) Penalty, see § 155.999
§ 155.399 APPEALS.
Within 30 days of the Zoning Administrator’s decision, a person may appeal, in writing, to the Zoning Board of Adjustments. The appeal shall be accompanied by fees as required for a variance. Upon receipt of an appeal and fee, the Zoning Board of Adjustments shall consider and decide within 30 days.
(Ord. passed 2-3-2011, § 2.42.100)
§ 155.400 FEES.
Upon making application for filing of appeals and applications for amendments to this chapter, said applicant shall pay the applicable fee as set forth in the fee schedule adopted by resolution. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution.
(Ord. passed 2-3-2011, § 2.42.110)
§ 155.401 PENDING ORDINANCE RULE.
An applicant may be denied a permit, plat, replat, rezone, variance, conditional use permit, or other use of property for a use allowed by this subchapter if, at the time of application, an amendment is pending which, if adopted, would proscribe the proposed use.
(Ord. passed 2-3-2011, § 2.42.120)
§ 155.402 COMPLAINTS REGARDING VIOLATIONS.
Any person directly affected may file a written complaint alleging a violation of this subchapter. The complaint shall state the basis for the violation, how the complainant is affected, and be filed with the Zoning Administrator, who shall timely investigate and take appropriate action as provided by this subchapter.
(Ord. passed 2-3-2011, § 2.42.130)
§ 155.403 INTERPRETATION, ABROGATION, AND SEVERABILITY.
In interpreting and applying the provisions of this chapter, these provisions shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity, and general welfare. It is not the intent of this chapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions; however, the city shall only enforce the provisions of this chapter. All other ordinances inconsistent with this chapter are hereby repealed to the extent of this inconsistency only. If any section, sentence, clause, phrase, or other portion of this title is held unconstitutional or invalid by any court of competent jurisdiction, it shall in no way affect the validity of any remaining portions of this chapter.
(Ord. passed 2-3-2011, § 2.42.150)
§ 155.404 MINIMUM REQUIREMENTS.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Whenever the provisions of this chapter require a greater width or size of yards, courts, or other spaces; require a lower height of building or lesser number of stories; require in any other percentage of lot to be left unoccupied; or impose other higher standards than are required in any other ordinance, the provisions of this chapter shall govern. Wherever the provisions of any other ordinance require a greater width or size of yards, courts, or other open spaces; require a lower height of building or a lesser number of stories; require a greater percentage of lot to be left unoccupied; or impose other higher standards than are required by the provisions of this chapter, the provisions of such ordinance shall govern.
(Ord. passed 2-3-2011, § 2.42.160)
§ 155.405 CONFLICT WITH PUBLIC AND PRIVATE PROVISIONS.
Where any provision of these regulations imposes restrictions different from those imposed by any other provisions of these regulations, or any other ordinance, rule, regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control. These regulations are not intended to abrogate any easement, covenant, or any other private agreement or restriction. Restrictive covenants may be taken into consideration by the city in the issuance of building permits. As a rule of law, the city may not enforce covenants.
(Ord. passed 2-3-2011, § 2.42.170)
§ 155.406 REPEALER.
All ordinances of a general and permanent nature enacted on or before February 3, 2011 not included, recognized, and continued in force by reference therein by the city’s ordinances are repealed.
(Ord. passed 2-3-2011, § 2.42.180)
§ 155.407 CONSTRUCTION OF REPEALER.
The repeal provided for in § 155.406 shall not be construed to revise any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this subchapter.
(Ord. passed 2-3-2011, § 2.42.190)
§ 155.999 PENALTY.
(A) Unless another penalty is expressly provided, every person convicted of a violation of any provision of this chapter, rule, or regulation adopted or issued in pursuance thereof shall be punished by a fine of not more than $500. Additionally, the city may enforce a violation of this chapter, including the failure to timely obtain proper permitting, with the imposition of a civil penalty in an amount that can be established by the Board of Commissioners by resolution, which may from time to time be amended. Each violation and each day upon which any violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any section herein, whether or not such penalty is reenacted in an amendatory ordinance.
(B) In addition to the penalty described above, the city may pursue other remedies, including, but not limited to, abatement of nuisances, injunctive relief, and revocation of licenses or permits. The owner or owners of real estate within the district affected by the regulation of this chapter may also pursue such remedies by filing a complaint through the Planning and Zoning Board.
(Ord. passed 2-3-2011, § 2.42.140; Ord. 2023-19, passed 12-7-2023)