§ 340. Administration, Enforcement and Permits.  


Latest version.
  • 1.

    Scope of provisions. This section contains the regulations pertaining to administration and enforcement of the provisions of this Zoning Ordinance, issuance of permits and certifications, inspection of property and issuance of stop-work and stop-use orders.

    2.

    This ordinance shall be administered and enforced by the Director of Public Works, who:

    (1)

    Shall appoint a Zoning Enforcement Officer who by authority of the Director of Public Works, shall enforce the provisions of this Zoning Ordinance by means of the duties delineated herein. In addition, the Zoning Enforcement Officer shall, by authority of the Director of Public Works, enforce all regulations and conditions governing development of planned environmental units, conditional use permits, commercial-industrial designed developments, Landmark and Preservation Areas, mixed use developments, and the "C-8" Planned Commercial District in accordance with plans approved by the Planning and Zoning Commission and the Director of Public Works pursuant to this Zoning Ordinance.

    (2)

    May designate one (1) or more additional members of the Department, as well as members of other City departments who have a particular skill or competence, to act for the Director of Public Works or the Zoning Enforcement Officer, and the term "Director of Public Works" or "Zoning Enforcement Officer" as used elsewhere in this Zoning Ordinance shall be deemed to include such deputies.

    (3)

    May determine the actual location of a boundary line between zoning districts, where such line does not coincide with a property line or district boundary line. Such determination shall be subject to appeal before the Board of Zoning Adjustment in accordance with Section 400.3 of this Zoning Ordinance.

    (4)

    Shall approve building permits. Such approval shall be by approval of the plot plan required by the City Building Code, except as otherwise provided by this Zoning Ordinance.

    (5)

    Shall approve occupancy or other appropriate permits.

    (6)

    May cause the cessation of any erection, construction, reconstruction, alteration, conversion, maintenance or use in violation of this Zoning Ordinance by issuing a stop-work or stop-use order.

    (7)

    May refer any violation of this Zoning Ordinance to the Prosecuting Attorney for prosecution or other appropriate action when deemed necessary.

    (8)

    May adopt such administrative policies as he deems necessary to the carrying out of his enforcement responsibilities, which policies shall have general applicability to cases of similar character.

    (9)

    Certify whether any lot or parcel of land in the City lies within or outside of the "FP" Floodplain District, and shall collect a fee for the issuance of said certification as provided in this Zoning Ordinance.

    3.

    Permits, orders and certifications:

    (a)

    Building permits. No building permit shall be issued for the erection, reconstruction or alteration of any structure, or part thereof, nor shall any such work be started until approved by the Director of Public Works or his authorized representative. No building permit shall be issued for any building unless such building is in conformity with the provisions of this Zoning Ordinance.

    (b)

    Occupancy permits. No building or structure or part thereof shall hereafter be constructed or altered until issuance of a proper permit. No new use, extension or alteration of an existing use, or conversion from one use to another, shall be allowed in any building, structure or land or part thereof until issuance of a proper permit; except that no permit shall be required for the raising of agricultural crops, orchards or forestry. No occupancy permit shall be issued for any use or change in use unless such use or change in use is in conformity with the provisions of this Zoning Ordinance.

    (c)

    Stop-work orders. The cessation of any erection, construction, reconstruction, alteration, conversion, maintenance or use in violation of this Zoning Ordinance may be effected by posting a stop-work or stop-use notice on the premises or by notice in writing to the owner of the property involved or to his agents or to the person doing the work, in the case of a stop-work order, stating the nature of the violation.

    (d)

    Floodplain certification fees. Applications for floodplain certification shall be upon the form designated by the Director of Public Works, and shall include the locator number of the parcel of land for which certification is sought. The Director of Public Works shall collect a fee for the issuance of certification of each lot or parcel of ground, which fee shall be established by an ordinance of the City Council.

    4.

    Entry and inspection of land and buildings:

    (a)

    The Planning and Zoning Commission or its authorized representatives and the authorized personnel of the Department of Public Works are hereby empowered in the performances of their functions, to enter upon any land in the City for the purpose of making inspections, examinations and surveys, or to place and maintain thereon monuments, markers, notices, signs, or placards, required to effectuate the purpose and provisions of this Zoning Ordinance. The above authorized persons shall be required to present proper credentials upon demand when entering upon any land or structure for the purpose of this section.

    (b)

    The Zoning Enforcement Officer is authorized to inspect or cause to be inspected any building or other structure or any land on which work is in progress and report to the Director of Public Works any suggested stoppage of work.

    5.

    Police assistance in posting stop-work and stop-use orders. The Department of Police shall aid in enforcing the Zoning Ordinance by posting stop-work or stop-use notices, when requested by the Director of Public Works.