The provisions of this chapter shall be administered and enforced by the town through an officially designated administrator.

(Ord. No. 2008-02, § 901, 6-2-2008)

No building, sign, or other structure (except as otherwise provided for in this chapter) shall be erected, moved, extended, enlarged or structurally altered, nor shall the use conducted within the building change, nor shall any excavation or filling of any lot for the construction of any building be commenced, nor shall any change in the use of a property be commenced until the zoning administrator has issued a zoning permit for such work in accordance with a fee schedule established by the town council.

(Ord. No. 2008-02, § 902, 6-2-2008)

Any zoning permit issued in accordance with this chapter will lapse and become invalid unless the work for which it was issued is started within 180 days of the date of issue, or if the work authorized by it is suspended or abandoned for a period of at least one year. The use, arrangement, or construction of any structure that differs from that authorized shall be deemed a violation of the chapter and punishable as set out in section 90-337 ("Penalties for violation").

(Ord. No. 2008-02, § 902.1, 6-2-2008)

The zoning administrator shall maintain a record of all zoning permits on file at the town hall office, and copies shall be made available on request to interested parties.

(Ord. No. 2008-02, § 902.2, 6-2-2008)

Zoning permits issued on the basis of dimensional plans approved by the zoning administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications. Use, arrangement, or construction that differs from that authorized shall be deemed a violation of this chapter and shall be punishable as indicated under section 908.

(Ord. No. 2008-02, § 902.3, 6-2-2008)

Notwithstanding any other provisions of this chapter, no zoning permit is necessary for the following uses:

(1)

Street construction or repair.

(2)

Electric power, telephone, telegraph, cable television, gas, water, and sewer lines, wires or pipes, together with supporting poles or structures, located within a public right-of-way.

(3)

Specific signs exempted in article VII of this chapter.

(4)

Mailboxes, newspaper boxes, birdhouses, flagpoles, pump covers, and doghouses.

(5)

Interior alterations and renovations which do not alter the footprint or height of an otherwise conforming use and/or structure.

(Ord. No. 2008-02, § 902.4, 6-2-2008)

Not withstanding any other provisions of this chapter, the zoning administrator is authorized to issue a certificate of zoning compliance, not to exceed one year, for temporary uses. All certificates of zoning compliance for temporary uses may be renewed provided that it is determined that said use is clearly of a temporary nature, will cause no traffic congestion and will not create a nuisance to surrounding uses.

(Ord. No. 2008-02, § 902.5, 6-2-2008)

(a)

In all cases, where a building permit is required, and in all other cases of construction or use where any provision of the zoning chapter is involved, appropriate plans shall be filed, subject to the provisions of the building code and to such other rules as the zoning administrator shall prescribe, sufficient in scope and character to determine that all relevant requirements of this zoning chapter have been met.

(b)

All applications should include plans drawn to scale showing the actual dimensions and shape of the lot to be built upon, location and dimensions of the proposed buildings or alterations, the setback lines of buildings on adjoining lots, off-street parking spaces, and such additional information as may be necessary to determine conformance and provide for the enforcement of this chapter. The sketch or diagram need not be professionally drawn.

(c)

The application shall include such other information as lawfully may be required by the zoning administrator, including existing or proposed buildings or alterations, existing or proposed uses of buildings and land, the number of families, housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this chapter.

(Ord. No. 2008-02, § 903, 6-2-2008)

(a)

No structure hereafter erected, moved, structurally altered or changed in use shall be used or occupied until the building official, as designated by the town, has issued a certificate of occupancy. Any certificate of occupancy issued shall state that the structure or portion of a structure is in compliance with the information stated on the zoning permit and with all applicable provisions of this chapter. A record of all certificates of occupancy shall be kept on file in the office of the building official and copies shall be furnished, on request, to all interested parties. If a certificate of occupancy is denied, the reasons for such denial shall be specified in writing and provided to the applicant. Failure to obtain a certificate of occupancy shall be a violation of this chapter, and be punishable under section 90-337.

(b)

A temporary certificate of occupancy may be issued by the building inspector for a period not exceeding six months during the alterations or partial occupancy of a building pending completion, provided that such temporary permit may require such conditions and safeguards as needed to protect the safety of the occupants and general public.

(Ord. No. 2008-02, § 904, 6-2-2008)

If a request for a zoning permit is disapproved or if a ruling of the zoning administrator is questioned, any aggrieved party may appeal such ruling to the zoning board of appeals in accordance with article XI of this chapter.

(Ord. No. 2008-02, § 905, 6-2-2008)

(a)

Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the zoning administrator, who shall properly record such complaint, investigate within a reasonable time, and take action as provided by this chapter.

(b)

If the zoning administrator shall find that any provision of this chapter is being violated, he shall notify in writing the person responsible for such violations, indicate the nature of the violation, and order the action necessary to correct it. He shall order discontinuance of any illegal use of land, buildings, or structures, illegal work being done, or take any other action authorized by this chapter to ensure compliance with or prevent violations of its provisions. The person responsible for such violations must comply within 30 days of such notice or be subject to the penalties detailed in section 90-337.

(Ord. No. 2008-02, § 906, 6-2-2008)

(a)

In case any structure or use is erected, constructed, reconstructed, altered, repaired, converted or maintained in violation of this chapter as herein provided, an action for injunction, or mandamus, or other appropriate action or proceeding to prevent such violation may be instituted by the zoning administrator, any other appropriate town authority or any person who may be damaged by such violation.

(1)

Criminal. Any person, firm, or corporation convicted of violating the provisions of this chapter shall, upon conviction, be guilty of a misdemeanor and shall be fined an amount not to exceed $500.00 and/or imprisoned for a period not to exceed 30 days. Each day of violation shall be considered a separate offense, provided that the violation of this chapter is not corrected within ten days of receipt of the warning citation as provided in subsection (a)(7) of this section.

(2)

Injunction. Enforcement of the provisions of this chapter may also be achieved by injunction. When a violation occurs, the zoning administrator may, either before or after the institution of other authorized action, submit a request to the town attorney for institution of a civil action seeking an injunction prohibiting violation of this chapter when appropriate for a mandatory or prohibitory injunction commanding the defendant to correct the unlawful condition or cease the unlawful use of the property.

(3)

Order of abatement. In addition to an injunction, the zoning administrator may apply for and the court may enter into an order of abatement as part of the judgment in the case. An order of abatement may direct any of the following actions:

a.

Buildings or other structures on the property be closed, demolished, or removed;

b.

Fixtures, furniture or other moveable property be moved or removed entirely;

c.

Improvements, alterations, modifications or repairs be made; or

d.

Any other action be taken that is necessary to bring the property into compliance with this chapter.

(4)

Execution of court decisions. If the defendant fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, he may be cited for contempt. The zoning administrator may execute the order of abatement and will have a lien on the property in the nature of a mechanic's and material man's lien for the cost of executing the order. The defendant may secure cancellation of an order of abatement by paying all costs of the proceedings and by posting a bond for compliance with the order. The bond must be given in an amount approved by the judge before whom the matter was heard and shall be conditioned of the defendant's full compliance with the terms of the order of abatement within the time fixed by the judge. Cancellation of an order of abatement does not suspend or cancel an injunction issued in conjunction with the order.

(5)

Stop work order issuance and revocation of permits. Whenever a building, structure or part thereof is being constructed, demolished, renovated, altered, or repaired in substantial violation of any applicable provision of this chapter, the zoning administrator may order the specific part of the work that is in violation, or would be when the work is completed, to be immediately stopped. The stop work order shall be in writing, directed to the person doing the work, and shall state the specific work to be stopped, the specific reasons for cessation and the actions necessary to lawfully resume work. The zoning administrator may revoke any permit (e.g., building certificate of occupancy) by written notification to the permit holder when violations of this chapter have occurred. Permits may be revoked when false statements or misrepresentations were made in securing the permit, work is being or has been done in substantial departure from the approved application or plan, there has been a failure to comply with the requirements of this chapter, or a permit has been mistakenly issued in violation of this chapter.

(6)

Civil penalty. In addition to the other remedies cited in this chapter for the enforcement of its provisions, the regulations and standards in this chapter may be enforced through the issuance of civil penalties by the zoning administrator. Subsequent citations for the same violation may be issued by the zoning administrator if the offender does not pay the citation (except as otherwise provided in a warning situation) after it has been issued unless the offender has sought an appeal to the actions of the zoning administrator through the zoning board of appeals. Once the ten-day warning period has expired, each day which the violation continues shall subject the violator to additional citations to be issued by the zoning administrator.

(7)

Penalties. The following penalties are hereby established:

(b)

If the offender fails to pay the civil penalties within three days after having been cited, the town may recover the penalties in a civil action in the nature of debt.

(Ord. No. 2008-02, § 907, 6-2-2008)

In considering an application for a zoning permit or certificate of zoning compliance, the zoning administrator may approve minor modifications to the regulations in this chapter. Any person or entity requesting a minor modification of zoning regulations shall make an application for the same in writing to the zoning administrator. The application shall then be forwarded to the planning commission which shall consider it at a public meeting, and make a recommendation to the zoning administrator concerning the application. After receiving the planning commission's recommendation, the zoning administrator may approve the application upon making the following findings:

(1)

That the modification is minor;

(2)

That failure to approve the modification would result in substantial hardship for the applicant;

(3)

That the modification will not adversely affect other properties, persons, or the public as a whole; and

(4)

That the modification is consistent with the general principles and goals of the regulations of this chapter as well as the comprehensive plan.

(Ord. No. 2017-15, 11-6-2017)