The provisions of this chapter shall be administered and enforced
by a Zoning Administrator appointed by the Henderson County Fiscal
Court, who shall have the power to make inspection of buildings and
premises necessary to carry out his duties in the enforcement of this
chapter. The enforcement officer, in the performance of his duties
and functions, may enter upon any land and make examination and surveys
that do no damage or injury to private property.
A.
Required prior to construction or exterior alteration. No person
shall commence excavation for or the construction of any building,
including accessory buildings, or commence the moving or exterior
alteration of any buildings, including accessory buildings, until
the enforcement officer has issued a building permit for such work.
B.
Exceptions. No building permit or certificate of occupancy shall
be required in the following cases:
(1)
Recurring maintenance work.
(2)
Alterations to the interior of a building.
(3)
Alterations to the exterior of a building which do not appreciably
increase the exterior dimensions of the building (e.g., siding, windows,
doors, roofing, etc.).
(4)
Installation of required improvements according to an approved subdivision
plat.
(5)
Exceptions set forth in § 24.04.
C.
Procedure.
(1)
Application. In applying to the enforcement officer for a building
permit, the applicant shall submit a plan along with the application,
drawn to scale, showing the dimensions of the lot to be built upon,
the outside dimensions of all structures, yard depths, and any other
information necessary for determining conformance with this order.
The State Plumbing Inspector's certificate approving proposed water
and sewerage facilities must accompany applications according to § 4.04
of Article IV. For nonresidential and multifamily development, site
plans addressing drainage, entrances and exits and other pertinent
information shall be approved by the enforcement officer and the local
government engineer, acting jointly, in consultation with the Planning
Commission, and they may require any changes therein as may be deemed
necessary. Site plan approval must be granted before a building permit
can be issued.
(2)
Permanent file. The enforcement officer shall keep accurate records
in a permanent file for the issuance of building permits, certificates
of occupancy, inspection violations, stop orders, and condemnations.
(3)
Issuance. If the proposed construction or alteration conforms with
all applicable provisions of this chapter and all other applicable
ordinances, regulations and codes, the enforcement officer shall issue
a building permit authorizing such construction or alteration. If
the proposed construction or alteration fails to conform, the enforcement
officer shall refuse to issue a building permit and shall deliver
written notice to the applicant stating the reasons for the refusal.
The enforcement officer shall act upon applications for building permits
within two weeks from the date of their submission or shall inform
Fiscal Court in writing as to why no action has been taken.
(4)
Validity. The issuance of a building permit by the enforcement officer
shall not waive any provisions of this chapter.
(5)
Duration. A building permit shall become void six months from the
date of issuance unless substantial progress has been made by that
date on the construction or alteration authorized therein. A building
permit may be renewed without fee upon review by the enforcement officer
before it becomes void.
No land or buildings or part thereof hereafter erected or altered
in its use or structure shall be used until the enforcement officer
shall have issued a certificate of occupancy, stating that such land,
building, or part thereof and the proposed use thereof are found to
be in conformity with the provisions of this chapter. Within three
days after notification that a building or premises or part thereof
is ready for occupancy or use, it shall be the duty of the enforcement
officer to make a final inspection thereof and to issue a certificate
of occupancy, if the land, building, or part thereof and the proposed
use thereof are found to conform with the provisions of this chapter;
or if such certification is refused, to state refusal in writing,
with the cause, and immediately thereupon to mail notice of such refusal
to the applicant at the address indicated in the application. Facilities
under state jurisdiction are excluded from the provisions of this
section.
A.
Remedies. In case any building or structure is or is proposed to
be erected, constructed or reconstructed, or any building, structure
or land is or is proposed to be used in violation of this chapter,
the enforcement officer or any other appropriate property owner who
would be damaged by such violation, in addition to other remedies,
may institute an injunction, mandamus or appropriate action or proceeding
in any court of competent jurisdiction to prevent the work or occupancy
of such building, structure or land.
B.
Penalties. Any person violating any provision of this chapter shall,
upon conviction, be fined not less than $10 nor more than $500 for
each conviction. Each day of violation shall constitute a separate
offense.
The following is a recapitulation of the administrative agencies
with jurisdiction and the extent of their jurisdiction concerning
the administration of this chapter.
A.
The enforcement officer has initial authority for the literal enforcement
of this chapter. He has no discretionary authority to allow any departure
from the literal conformance with this chapter.
B.
The Board of Zoning Adjustment has authority to hear appeals from
decisions by the enforcement officer and to make literal interpretations
of the pertinent provisions to correct any possible misinterpretations
by the enforcement officer. The Board also has the authority to make
only those initial discretionary interpretations and decisions and
allow only those departures from a literal conformance which are specifically
delegated to it.
C.
The Circuit Court has jurisdiction to determine all questions and
issues properly brought before it on appeal from decisions of the
Board of Zoning Adjustment or Henderson County Fiscal Court.
