A.Â
A Zoning Administrator designated by the Mayor and
Council shall administer and enforce this chapter. The Zoning Administrator
may be provided with the assistance of any other persons as the Council
may direct.
B.Â
If the Zoning Administrator shall find that any of the provisions of this chapter are being violated, he or she shall notify, in writing, the person responsible for any violations, indicating the nature of the violation and ordering the action necessary to correct it. He or she shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; or discontinuance of any illegal work being done or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions. Appeal from the decision of the Zoning Administrator shall be made to the Board of Appeals as provided in Article IX.
C.Â
At all regular meetings of the Council, the Zoning
Administrator shall notify the Council of the status of all violations
under investigation and of all applications for zoning certificates
considered from the time of the last Council meeting.
[Amended 2-14-1983 by Ord. No. 2-83]
A.Â
No use or change of use of any land or structure or
erection, construction, expansion or structural alteration of any
structure or alteration or development of any land shall be permitted
without a zoning certificate therefor issued by the Zoning Administrator
or his or her designated agent. No zoning certificate shall be issued
except in conformity with the provisions of this chapter, unless the
issuing officer receives a written order from the Board of Appeals
in the form of an administrative review, special exception or variance
as provided by this chapter.
B.Â
All applications for zoning certificates shall be
accompanied by plans drawn to scale showing the actual dimensions
and shape of the lot to be built upon, the exact sizes and location
on the lot of structures and uses already existing, if any, and the
location and dimensions of any proposed structures or alterations.
The application shall include such information as lawfully may be
required by the Zoning Administrator, including existing or proposed
structures or alterations; existing or proposed uses of the structures
and land; the number of families or rental units the buildings are
designed to accommodate; conditions existing on the lot; existing
or proposed parking facilities and access drives; and any other matters
as may be necessary to determine conformance with, and provide for
the enforcement of, this chapter.
C.Â
It shall be the duty of the Zoning Administrator to
issue a zoning certificate, provided that he or she is satisfied that
the building or other structure and the proposed use thereof, or the
proposed use of the land or premises, conforms to all the provisions
of this chapter. No zoning certificate shall be valid until certificates
have been issued where required by the County Health Office approving
proposed methods of water supply and disposal of wastes. Approval
by other applicable governmental agencies of the City, county or state
shall be prerequisite where required by those agencies.
D.Â
The zoning certificate shall become null and void
90 days after the date of issuance if the construction or use for
which the certificate was issued has not been started. If the work
described in any zoning certificate has not been substantially completed
within two years of the date of issuance thereof, the certificate
shall expire and be canceled by the Zoning Administrator, and written
notice thereof shall be given to the persons affected, together with
notice that further work as described in the canceled certificate
shall not proceed unless and until a new zoning certificate has been
obtained.
[Amended 5-8-2006 by Ord. No. 2-2006]
E.Â
Zoning certificates issued on the basis of plans and applications approved by the Zoning Administrator authorize only the use, arrangement and construction set forth in the approved plans and applications. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this chapter and punishable as provided by § 205-90.
F.Â
In the event of fire, flood or other disaster or unforeseeable
event, the Zoning Administrator, upon approval by the Planning Commission
and in accordance with conditions established by the Planning Commission,
including time limits, may issue a temporary zoning certificate for
a period the Zoning Administrator deems appropriate, but in any event
not longer than one year, which would allow a temporary relocation
of an existing use, whether conforming or nonconforming, to any property
within the City limits no matter how the proposed temporary location
is zoned.
[1]
Editor's Note: Former § 205-64,
Special exceptions, was repealed 1-12-2004 by Ord. No. 14-2003.