Chapter 5 Administration and Enforcement

This section establishes the methods for implementation of the Zoning Regulations.

Enforcement

A Zoning Administrator shall be appointed by the Governing Body and it shall be the duty of said Zoning Administrator to enforce this regulation. Appeal from the decision of the Zoning Administrator may be made to the Board.

Zoning Permits

Prior to the erection of any structure, including structures for agricultural uses, an application for a zoning permit shall be prepared on forms provided and shall be submitted to the Zoning Administrator accompanied by a plot plan in duplicate, drawn to scale showing the actual dimensions of the lot to be built upon, the size, shape and location of the building to be erected, required setbacks, points of ingress and egress, driveways, circulation aisles, parking lots, individual parking spaces, service areas, and such other information as may be necessary to provide for the enforcement of this regulation. The applicant is required to include setback measurements of front, rear, side, and between buildings. A record of the applications, plans and permits shall be kept by the Zoning Administrator. The Zoning Administrator may accept lessor information providing adequate data is available to render a decision. This zoning permit may be a part of or termed a building permit.

Temporary Zoning Permits

The Planning Commission may issue a temporary zoning permit for uses in any district for the purpose of uses and buildings incidental and required in the construction, provided that such use be of a temporary nature and does not involve the erection of substantial buildings. Such permits shall be granted in the form of temporary and revocable permit for not more than six months subject to conditions as will safeguard the public health, safety, and general welfare.

Application for a Zoning Permit

  1. Written application forms prescribed and furnished by the Planning Commission stating such information as may be required for the enforcement of these regulations shall be submitted and shall be accompanied by a site plan, showing the actual shape and dimensions of the lot to be built upon or to be changed in its use, in whole or in part, the exact location, existing and intended use of each building or structure or part thereof, the number of families or housekeeping units the building is designed to accommodate and when no buildings are involved, the location of the present use and proposed use to be made of the lot, existing and proposed water and sanitary sewer facilities, as may be necessary to determine and provide for the enforcement of these regulations. One copy of such plans shall be returned to the owner when such plans shall have been approved by the Planning Commission together with such zoning permits as may be granted. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on actualsurvey. The lot and the location of the building thereon shall be staked out on the ground before construction is started.
  2. The Planning Commission shall issue a written permit, or denial, thereof, with reasons in writing within 15 days from the date of the acceptance of the application. Those proposed uses requiring a zoning permit that are affected directly through these Regulations by another use currently in the conditional use process must yield until such use is permitted or denied.
  3. Except where an extension has been obtained in writing form the Planning Commission, permits issued shall expire after two years when the work has not been completed.

Violation and Penalty

The owner or agent of a building or premise in or upon which a violation of any provision of this regulation has been committed or shall exist; or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist, or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which violation has been committed or shall exist, shall be punished by a fine not to exceed $100.00 for each offense. Each and every day that such violation continues shall constitute a separate offense.

In case any structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any structure or land is used in violation of this regulation, the appropriate authorities of said area, in addition to other remedies, may institute injunction, mandamus, or other appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to connect or abate such violation or to prevent the occupancy of said building, structure or land.