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Valier City Zoning Code

CHAPTER 10

PERMITS; ENFORCEMENT

11-10-1: ZONING OFFICER:

There is hereby created the office of Zoning Officer, an administrative office of the Town, who shall be appointed by the Mayor with the advice and consent of the Town Council, and who shall serve at the pleasure of the appointing authority. (1965 Code § 11-12-1)

11-10-2: DUTIES OF ZONING OFFICER:

It shall be the duty of the Zoning Officer to be responsible for the enforcement of the provisions of this Title and such other duties as the appointing authority may require. (1965 Code § 11-12-2)

11-10-3: USE PERMIT:

No change shall be made in the use of a building or part thereof now or hereafter erected or structurally altered, or in the use of land now or hereafter occupied, without a use permit having first been issued by the enforcing officer. No such use permit shall be issued to make such change unless it is in conformity with the provisions of this Title. (1965 Code § 11-12-3)

11-10-4: CERTIFICATE OF COMPLIANCE:

   A.   Required: No building or structure hereafter erected or structurally altered shall be occupied and used until a certificate of compliance has been issued by the Zoning Commission. The certificate of compliance shall be issued only after the Zoning Officer reports a finding that the building has been erected or structurally altered in conformance with the provisions of this Title and other health and building regulations. (1965 Code § 11-12-4)
   B.   Application For Certificate: A certificate of compliance shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or alteration of such building shall have been satisfactory completed.
   C.   Records Maintained: A record of all certificates shall be kept on file in the office of the Zoning Officer and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building affected. (1965 Code § 11-12-4)

11-10-5: CHANGE OF USE REQUIRES CERTIFICATE OF COMPLIANCE:

   A.   Required: The use of a building already erected at the time this Title becomes effective shall not be changed to some other use or occupied for any other purpose, unless the owner applies for and receives a certificate of compliance.
   B.   Public Notice; Hearing: On all matters of concern or interest to citizens generally which would involve the change of use or occupancy for a purpose to which there might be general objection, the Zoning Commission shall issue public notices at least five (5) days in advance of a public hearing, at which all interested parties shall be heard and then a decision shall be made by the Zoning Commission on the question of issuing such permit or imposing such restrictions or conditions as the Zoning Commission shall require after such hearing. (1965 Code § 11-12-5)

11-10-6: CONDITIONAL USES:

   A.   The use conforms to the objectives of the Master Plan and the intent of this title; and
   B.   Such use will not adversely affect nearby properties or their occupants; and
   C.   Such use meets density, coverage, yard, height, and all other regulations of the zone in which it is to be located, unless otherwise provided for in this title; and
   D.   Has operating characteristics that are compatible with the surrounding area in the term hours of operation, outdoor lighting, noise and traffic generation, adequate parking not to block other surrounding parking, no junk vehicles; and
   E.   A public hearing will be held by the city council after the required legal notice has been given, and the public has been given a chance to be heard upon matter. (Ord. 188, 7-12-2021, eff. 8-9-2021)

11-10-7: SETBACK LINE; PUBLIC BUILDINGS:

The Zoning Commission shall have the power to alter the required setback line in case of public or semi-public buildings after a public hearing and after a showing that such action will not cause damage and will be in accord with the general purpose of this Title. (1965 Code § 11-12-7)

11-10-8: ZONING ACT MAKES NO CHANGE IN OTHER ACTS:

The Town Council hereby declares that it is its intention that this Title does not repeal any existing laws in regard to fire limits, buildings, sanitation or otherwise. (1965 Code § 11-12-8)