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.
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.
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.