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Wildwood City Zoning Code

SECTION 415

540 Administration, Enforcement And Permits.

[R.O. 1997 § 415.540; Ord. No. 1324 App. A § 1003.200, 8-14-2006]
A. 
Scope Of Provisions. This Section contains the regulations pertaining to administration and enforcement of the provisions of this Chapter, issuance of permits and certifications, inspection of property and issuance of stop-work and stop-use orders.
B. 
This Chapter shall be administered and enforced by the Director of Public Works and the Director of Planning who shall have the following duties with respect to this Chapter:
1. 
The Director Of Planning.
a. 
Shall appoint a Zoning Enforcement Officer who, by authority of the Director of Planning, shall enforce the provision of this Chapter by means of the duties delineated herein. In addition, the Zoning Enforcement Officer shall by authority of the Director of Planning, enforce all regulations and conditions governing development of density development procedures, conditional use permits, landmark and preservation areas, the "C-8" Planned Commercial District and the "M-3" Planned Industrial District in accordance with plans approved by the Planning Commission and the Department of Planning pursuant to this Chapter.
b. 
May designate one (1) or more additional members of the Department, as well as members of other City departments who have a particular skill or competence, to act for the Director of Planning or the Zoning Enforcement Officer and the term "Director of Public Works" or "Zoning Enforcement Officer," as used elsewhere in this Chapter, shall be deemed to include such deputies.
c. 
May determine the actual location of a boundary line between zoning districts, where such line does not coincide with a property line or district boundary line. Such determination shall be subject to appeal before the Board of Adjustment.
d. 
Shall approve building permits. Such approval shall be by approval of the plot plan required by the Wildwood Building Code, except as otherwise provided by this Chapter.
e. 
Shall approve occupancy or other appropriate permits.
f. 
May cause the cessation of any erection, construction, reconstruction, alteration, conversion, maintenance or use in violation of this Chapter by issuing a stop-work or stop-use order.
g. 
May refer any violation of this Chapter to the City Attorney for prosecution or other appropriate action when deemed necessary.
h. 
May adopt such administrative policies as he/she deems necessary to the carrying out of his/her enforcement responsibilities, which policies shall have general applicability to cases of similar character.
i. 
Certify whether any lot or parcel of land in the City of Wildwood lies within or outside of the "FP" Floodplain District and shall collect a fee for the issuance of said certification as provided in this Chapter.
2. 
The Director Of Public Works. The Director of Planning shall perform duties as are indicated in this Chapter. The Director may designate one (1) or more members of the Department who have particular skill or competence to act in the Director's place and the term "Director of Public Works," as used elsewhere in this Chapter, shall be deemed to include such designees.
C. 
Permits, Orders And Certifications.
1. 
Trustee Notification. Trustees of subdivisions shall be notified prior to the issuance of any building permit or zoning authorization. Applicant shall include proof of such notice in application for permit or authorization.
2. 
Building Permits. No building permit shall be issued for the erection, reconstruction or alteration of any structure or part thereof, nor shall any such work be started until approved by the Director of Planning or his/her authorized representative through an initial zoning certification. No building permit shall be issued for any building unless such building and lot is in conformity with the provisions of this Chapter and other ordinances of the City relating to land use, grading or construction.
3. 
Initial Zoning Certification. No building or occupancy permit shall be effective until an initial zoning certification has been signed by the Director of Planning reflecting compliance with the regulations set forth in this Chapter. Nothing in the issuance of a zoning permit shall be deemed to grant authority for uses or construction not authorized by the applicable regulations.
4. 
Occupancy Permits. No building or structure or part thereof shall hereafter be constructed or altered until issuance of a proper permit. No new use, extension or alteration of an existing use, or conversion from one use to another, shall be allowed in any building, structure or land or part thereof until issuance of a proper permit; except that no permit shall be required for the raising of agricultural crops, orchards or forestry. No occupancy permit shall be issued for any use or change in use unless such use or change in use is in conformity with the provisions of this Chapter. Notwithstanding any Building Code provision to the contrary, temporary occupancy permits are disfavored and may not be issued except upon specific application to and authorization by the Director of Public Works and, if otherwise authorized, may be approved at the discretion of the Director only in cases where the applicant in writing has demonstrated clear and substantial hardship necessitating issuance.
5. 
Final Zoning Certification. No occupancy permit shall be issued or become effective until the Director of Planning has issued a final zoning certificate required by this Subsection. After a building permit has been issued and all construction completed for issuance of an occupancy permit, the party to whom the building permits were issued for the property shall provide an "as-built" survey of the lot to the Director of Planning showing and certifying all improvements and buildings are in accordance with the approved plans. The Director shall confirm that the lot and building conforms to the plans and all applicable provisions of zoning and subdivision ordinances and other applicable development regulations and upon such finding shall issue a final zoning certification which shall authorize issuance of an occupancy permit. If the lot or construction does not conform to such applicable plans, ordinances or regulations, the Director may deny the occupancy permit and may take such other action to obtain compliance.
6. 
Stop-Work Orders. The cessation of any erection, construction, reconstruction, alteration, conversion, maintenance or use in violation of this Chapter may be effected by posting a stop-work or stop-use notice on the premises or by notice in writing to the owner of the property involved or to his/her agents or to the person doing the work, in the case of a stop-work order, stating the nature of the violation.
7. 
Floodplain Certification Fees. Applications for floodplain certification shall be upon the form designated by the Director of Public Works and shall include the locator number of the parcel of land for which certification is sought. The Director of Public Works shall collect a fee of twenty-five dollars ($25.00) for the issuance of certification of each lot or parcel of ground, provided that one dollar ($1.00) shall be collected for each additional lot in the same subdivision which is included in said certification.
D. 
Entry And Inspection Of Land And Buildings.
1. 
The Planning Commission or its authorized representatives, authorized personnel of the Department of Planning and the authorized personnel of the Department of Public Works are hereby empowered in the performances of their functions to enter upon any land in the City of Wildwood for the purpose of making inspections, examinations and surveys or to place and maintain thereon monuments, markers, notices, signs or placards required to effectuate the purpose and provisions of this Chapter. The above authorized persons shall be required to present proper credentials upon demand when entering upon any land or structure for the purpose of this Section.
2. 
The Zoning Enforcement Officer is authorized to inspect or cause to be inspected any building or other structure or any land on which work is in progress and report to the Director of Public Works any suggested stoppage of work.
E. 
Police Assistance In Posting Stop-Work And Stop-Use Orders. The Department of Police shall aid in enforcing this Chapter by posting stop-work or stop-use notices, when requested by the Director of Planning and Parks.