A. The building inspector is the officer charged with the enforcement of this title, but from time to time, by resolution or ordinance, the town council may delegate the enforcement, in whole or in part, to any other employee of the town without amendment to this title. The building inspector may not waive any provisions of this title. The building inspector shall not issue any permit unless the plans of the proposed erection, construction, reconstruction, alteration and use fully conform to all land use development regulations then in effect.
B. It shall be the duty of the building inspector to inspect or cause to be inspected all buildings and improvements in the course of construction or repair.
C. No construction, alteration, repair or removal of any building or structure, or any part thereof, or the change of use of any land or building as provided or as regulated in this title is allowed, without the appropriate written permit issued by the building inspector. (Ord., 9-12-1996; amd. 2016 Code)
10-3-2: APPLICATION AND REVIEW:
A. Requirements: All applications for permits shall be made to the building inspector. All applications for permits, including for single-family dwellings and their accessory buildings, shall be submitted also to the planning commission for design review to assure conformity with the intent of the general plan and compliance with all applicable ordinances and regulations. The design submissions shall include architectural and site development plans to scale, which shall show building locations, landscaping, prominent existing trees, ground cover treatment, fences, off street parking and circulation, location and size of the adjacent streets, north arrow and property lines, existing grades and proposed new grades, point of water and sewer connections, percolation results, curb cuts, and locations of all freestanding signs. (Ord., 9-12-1996; amd. 2016 Code)
B. Conditional Use Permits: Design review for buildings and uses covered by conditional use permits shall be incorporated within such conditional use permit and need not be a separate application, provided the requirements of this title are met. (Ord., 9-12-1996)
10-3-3: PLANNING COMMISSION APPROVAL:
The planning commission, or the building inspector when authorized by the planning commission, shall determine whether proposed architectural and site development plans submitted are consistent with the general objectives of this title, and shall give or withhold approval accordingly. Denial of approval by the building inspector may be appealed to the planning commission, and denial by the planning commission may be appealed to the town council, as provided for in this title. (Ord., 9-12-1996; amd. 2016 Code)
10-3-4: NUISANCE AND ABATEMENT:
Any building or structure erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of town ordinances, and any use of land, building or premises established, conducted or maintained contrary to provisions of any town ordinance shall be, and the same hereby is, declared to be unlawful and a public nuisance. The town attorney shall, upon request of the town council, commence action for abatement thereof in a manner provided by law, and restrain or enjoin any person, firm or corporation from erecting, building, maintaining or using the building or structure or property contrary to the provisions of town ordinances. The remedies provided for herein shall be cumulative and not exclusive. (Ord., 9-12-1996)
10-3-5: LICENSING:
All departments, officials and public employees of the town which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title and shall issue no permit or license for uses, buildings or purposes where the same would be in conflict with the provisions of this title, and any such permit or license, if issued in conflict with the provisions of this title, shall be null and void. (Ord., 9-12-1996)
10-3-6: FEES:
Fees may be charged applicants for building, occupancy and conditional use permits, design review and planned unit development approval, planning commission and board of adjustment hearings, and such other services as are required by this title to be performed by public officers or agencies. Such fees shall be established by the governing body and be amounts reasonably needed to defray cost to the public. (Ord., 9-12-1996)
10-3-7: EFFECT ON PREVIOUS ORDINANCES AND MAPS:
The existing ordinances covering land use and development regulations, in their entirety, and including the maps and standard drawings heretofore adopted and made a part of said ordinances are hereby superseded and amended to read as set forth herein; provided, however, that this title, including its accompanying maps and standard drawings, shall be deemed a continuation of previous ordinances and not a new enactment, insofar as the substance of revisions of previous ordinances are included in this title, whether in the same or in different language; and this title shall be so interpreted upon all questions of construction relating to tenure of officers and boards established by previous ordinances and to questions of conforming or nonconforming dates upon which such uses, buildings or structures became conforming or nonconforming. (Ord., 9-12-1996)
10-3-8: MINIMUM REQUIREMENTS:
In interpreting and applying the provisions of this title, the requirements contained herein are declared to be the minimum requirements for the purpose set forth. (Ord., 9-12-1996)
10-3-9: CONFLICT:
A. This title shall not nullify the more restrictive provisions of covenants, agreements, other ordinances or laws, but shall prevail notwithstanding such provisions which are less restrictive.
B. If any provision of this title or its application to any persons or circumstance is, for any reason, held invalid, the remaining portion and/or portions of this title or the application of the provision to other persons or circumstances shall not be affected. (Ord., 9-12-1996)
10-3-10: PENALTY:
Whoever shall violate any of the provisions of this title shall be guilty of a class C misdemeanor for each and every day such violation shall occur or continue and, upon conviction of any such violation, shall be subject to penalty as provided in section 1-4-1 of this code. (Ord., 9-12-1996; amd. 2016 Code)
Torrey City Zoning Code
CHAPTER 3
REGULATORY PROVISIONS
10-3-1: ENFORCEMENT:
A. The building inspector is the officer charged with the enforcement of this title, but from time to time, by resolution or ordinance, the town council may delegate the enforcement, in whole or in part, to any other employee of the town without amendment to this title. The building inspector may not waive any provisions of this title. The building inspector shall not issue any permit unless the plans of the proposed erection, construction, reconstruction, alteration and use fully conform to all land use development regulations then in effect.
B. It shall be the duty of the building inspector to inspect or cause to be inspected all buildings and improvements in the course of construction or repair.
C. No construction, alteration, repair or removal of any building or structure, or any part thereof, or the change of use of any land or building as provided or as regulated in this title is allowed, without the appropriate written permit issued by the building inspector. (Ord., 9-12-1996; amd. 2016 Code)
10-3-2: APPLICATION AND REVIEW:
A. Requirements: All applications for permits shall be made to the building inspector. All applications for permits, including for single-family dwellings and their accessory buildings, shall be submitted also to the planning commission for design review to assure conformity with the intent of the general plan and compliance with all applicable ordinances and regulations. The design submissions shall include architectural and site development plans to scale, which shall show building locations, landscaping, prominent existing trees, ground cover treatment, fences, off street parking and circulation, location and size of the adjacent streets, north arrow and property lines, existing grades and proposed new grades, point of water and sewer connections, percolation results, curb cuts, and locations of all freestanding signs. (Ord., 9-12-1996; amd. 2016 Code)
B. Conditional Use Permits: Design review for buildings and uses covered by conditional use permits shall be incorporated within such conditional use permit and need not be a separate application, provided the requirements of this title are met. (Ord., 9-12-1996)
10-3-3: PLANNING COMMISSION APPROVAL:
The planning commission, or the building inspector when authorized by the planning commission, shall determine whether proposed architectural and site development plans submitted are consistent with the general objectives of this title, and shall give or withhold approval accordingly. Denial of approval by the building inspector may be appealed to the planning commission, and denial by the planning commission may be appealed to the town council, as provided for in this title. (Ord., 9-12-1996; amd. 2016 Code)
10-3-4: NUISANCE AND ABATEMENT:
Any building or structure erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of town ordinances, and any use of land, building or premises established, conducted or maintained contrary to provisions of any town ordinance shall be, and the same hereby is, declared to be unlawful and a public nuisance. The town attorney shall, upon request of the town council, commence action for abatement thereof in a manner provided by law, and restrain or enjoin any person, firm or corporation from erecting, building, maintaining or using the building or structure or property contrary to the provisions of town ordinances. The remedies provided for herein shall be cumulative and not exclusive. (Ord., 9-12-1996)
10-3-5: LICENSING:
All departments, officials and public employees of the town which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title and shall issue no permit or license for uses, buildings or purposes where the same would be in conflict with the provisions of this title, and any such permit or license, if issued in conflict with the provisions of this title, shall be null and void. (Ord., 9-12-1996)
10-3-6: FEES:
Fees may be charged applicants for building, occupancy and conditional use permits, design review and planned unit development approval, planning commission and board of adjustment hearings, and such other services as are required by this title to be performed by public officers or agencies. Such fees shall be established by the governing body and be amounts reasonably needed to defray cost to the public. (Ord., 9-12-1996)
10-3-7: EFFECT ON PREVIOUS ORDINANCES AND MAPS:
The existing ordinances covering land use and development regulations, in their entirety, and including the maps and standard drawings heretofore adopted and made a part of said ordinances are hereby superseded and amended to read as set forth herein; provided, however, that this title, including its accompanying maps and standard drawings, shall be deemed a continuation of previous ordinances and not a new enactment, insofar as the substance of revisions of previous ordinances are included in this title, whether in the same or in different language; and this title shall be so interpreted upon all questions of construction relating to tenure of officers and boards established by previous ordinances and to questions of conforming or nonconforming dates upon which such uses, buildings or structures became conforming or nonconforming. (Ord., 9-12-1996)
10-3-8: MINIMUM REQUIREMENTS:
In interpreting and applying the provisions of this title, the requirements contained herein are declared to be the minimum requirements for the purpose set forth. (Ord., 9-12-1996)
10-3-9: CONFLICT:
A. This title shall not nullify the more restrictive provisions of covenants, agreements, other ordinances or laws, but shall prevail notwithstanding such provisions which are less restrictive.
B. If any provision of this title or its application to any persons or circumstance is, for any reason, held invalid, the remaining portion and/or portions of this title or the application of the provision to other persons or circumstances shall not be affected. (Ord., 9-12-1996)
10-3-10: PENALTY:
Whoever shall violate any of the provisions of this title shall be guilty of a class C misdemeanor for each and every day such violation shall occur or continue and, upon conviction of any such violation, shall be subject to penalty as provided in section 1-4-1 of this code. (Ord., 9-12-1996; amd. 2016 Code)