ARTICLE IX ADMINISTRATIVE PROVISIONS AND ENFORCEMENT
9.1 ENFORCEMENT
9.1-1 Zoning
Administrator. These regulations shall be enforced and administered
by a zoning administrator who shall be appointed by the Board of County
Supervisors and who may be provided with the assistance of such other persons
as the Board of County Supervisors may direct in order to carry out the
following duties and responsibilities:
A. Approve
and issue all building permits and occupancy certificates when compliance is
made with these Regulations.
B. Conduct
inspections of buildings, structures and uses of land to determine compliance
with the provisions of this Resolution
C. Receive,
file, and forward to the Board of Zoning Adjustment the records in all appeals
and all applications for special exception uses and variances.
D. Maintain
permanent and current records of the zoning Resolution including but not
limited to, all zoning maps, amendments, special exception uses, variances,
appeals and applications there and records of hearings thereon.
E. Prepare
and have available in book, pamphlet or map form each year:
(1) The
compiled text of the zoning Resolution and amendments thereto, including all
amendments adopted through the preceding December 31; and
(2) A
zoning map or maps, showing the zoning districts, divisions and classifications
in effect on the preceding December 31.
F. Maintain
a supply of copies of the compiled text of the zoning Resolution and the rules
of the Board of Zoning Adjustment. A fee
for each copy shall be charged to defray the cost of printing.
G. Provide
such clerical, technical and consultative assistance as may be required by the
Board of Zoning Adjustment and other boards, commissions and officials in the
exercise of their duties relating to this Resolution.
Whenever the Zoning Administrator shall
find that any of the provisions of this Resolution have been or are being
violated, he shall notify in writing the person responsible for such violation,
indicating the nature of the violation and ordering the action necessary to
correct it. He may order discontinuance of illegal use of land, buildings or
structures; removal of illegal buildings structures or additions or alterations
thereto; discontinuance of any illegal work being done; or take any other
appropriate action authorized by this Resolution to insure compliance with, or
to prevent violation of, its provisions.
9.1-2 Building
Permits Required.
A. General.
No building or other structure shall be erected, moved, added to, or
structurally altered without a building permit first having been issued by the
Zoning Administrator. No building permit shall be issued unless the proposed
construction or use is in conformance with all of the provisions of this
Resolution and with all other applicable codes, regulations and laws of the
County and with all orders, exceptions and variances lawfully issued by the
Board of Adjustment or
B. Application
for Building Permit. All applications for a building permit shall be
accompanied by a plot plan in duplicate, drawn to scale, showing the location,
ground area, height ant bulk of all present and proposed structures, additions,
drives, parking areas and site improvements; the actual dimensions and shape of
the lot to be built upon; the building lines in relation to lot lines; the uses
to be made of such present and proposed structures or additions; and such other
information as may be required by the Zoning Administrator for the proper
enforcement of this Resolution. On lots sized less than 3 acres, a septic site
evaluation must be submitted by a professional who is certified with the NDEQ. One
copy of the plot plan shall be retained by the Zoning Administrator as a public
record, and the other shall be returned to the applicant.
C. Approval
or Disapproval of Permit. The Zoning Administrator shall examine all
applications for building permits, including plans, specifications and
documents filed therewith and shall either approve or disapprove such
application within thirty (30) days of receipt of same. Upon approval and receipt of required fees,
the Zoning Administrator shall promptly issue the building permit and shall
affix his signature to the permit and the plans and mark the plans
"Approved." Upon disapproval of the application, the Zoning
Administrator shall refuse to issue the permit and shall state in writing on the
plans the reasons for disapproval, affix his signature and mark the plans
"Disapproved."
D. Appeal
from Approval or Disapproval. An appeal from approval or disapproval of any
Application shall be made to the Board of Adjustment in writing within thirty
(30) days after the determination of the Zoning Administrator has been filed.
E. Expiration
and Extension. Every building permit shall expire by limitation at the end
of two (2) years from the date issued If construction is not completed within
said two (2) year period, the Zoning Administrator may, for due cause shown,
extend the permit for a period not to exceed six (6) months, and any further
extension shall be applied for the Board of Adjustment which, upon due cause
being shown, may grant further extension not exceeding a total period of two
(2) years.
F. Fees
for Building Permits. Every application for a building permit shall be
accompanied by a fee in accordance with the following schedule: $10. per $10,000 of
construction cost.
G. New
Buildings on Unapproved Streets. No building permit shall be issued for,
and no building shall be erected on any lot within the jurisdiction of this
Resolution unless the street giving access to the lot upon which said building
is proposed to be placed shall be accepted as opened; or shall have otherwise
received the legal status of a public street prior to that time; or unless such
street corresponds in its location and lines with a street shown on a
subdivision plat approved by the Board of County Supervisors; or appears on a
street plat made and adopted by the Planning Commission or conforms with a
street located or accepted by the Board of County Supervisors after submission
to the Planning Commission. Any building erected in violation of this section
shall be deemed an unlawful structure and the County may bring action to enjoin
such erection or cause it to be vacated or removed.
9.1-3 Certificate
of Occupancy Required.
A. General.
No building, structure or land shall be used or occupied, in whole or in
part, nor shall any change be made in the use or type of occupancy of an
existing building or structure requiring a building permit, nor shall any
change be made in the use of land, except to any use which is primarily
agricultural, unless a certificate of occupancy shall be issued by the Zoning
Administrator in accordance with these Regulations.
B. Temporary
Certificate. Upon request, the Zoning Administrator may issue a partial certificate
of occupancy for a period not to exceed ninety (90) days, for a building or
structure or part thereof, before the entire work covered by the building
permit shall have been completed, provided such portion or portions as have
been completed may be occupied safely without endangering life or the public
welfare.
C. Application
for Certificate of Occupancy. All applications for certificate of occupancy
shall be made by the owner or his agent and shall be accompanied by an affadavit of the owner, registered architect, licensed
professional engineer, or superintendent of construction who shall state that
he has examined the approved plans of the structure, that said structure has
been erected in accordance with the approved plans and that it complies with
these Regulations and all local codes and ordinances governing building construction,
including subdivision regulations. The application and affadavit
shall be filed with the Zoning Administrator.
D. Issuance
of Certificate of Occupancy. Before issuing a certificate of occupancy, the
Zoning Administrator shall examine all buildings, structures or sites for which
an application has been filed for a building permit to construct, enlarge,
alter, repair, remove, demolish, or change the use or occupancy The Zoning
Administrator shall maintain a record of all examinations and inspections,
together with a record of findings of violations of the law. However, any
certificate of occupancy for a use requiring a special exception or Board of
Zoning Adjustment authorization or for which a variance or a special exception
has been issued, shall require the approval of the Board of Zoning Adjustment.
E. Fees.
Every application for a certificate of occupancy shall be accompanied by a fee
of __________.
F. Termination
and Appeal. A certificate of occupancy shall be deemed to authorize, and is
required for, both initial and continued occupancy and use of the building or
land to which applies, and shall continue in effect so long as such building or
land is used as authorized in the certificate of occupancy: If the terms of the
certificate are violated by the holder, the Zoning Administrator may, by
service of notice of violations, terminate such certificate; provided however,
that such order of termination is subject to review of the Board of Zoning
Adjustment upon appeal by the holder of the certificate with not more than
three (3) months of service of said order of termination.
9.2
VIOLATIONS
9.2-1Complaints of Violations. Any person may file a written complain with the
Zoning Administrator of an alleged violation of this Resolution stating fully
the causes and basis for such violation. The Zoning Administrator shall record
such complaint, investigate it and take appropriate action as provided by these
Regulations.
9.2-2 Penalties.
Any person who violates, disobeys, omits, neglects
or refuses to comply with or resists the enforcement of any of the provisions
of this Resolution shall be guilty of a misdemeanor and shall be punished by a
fine not to exceed one hundred dollars ($100) for each offense. Each and every
day that such violation or failure to comply continues to exist after
notification shall constitute a separate offense.
9.2-3 Remedies.
In the event that any building or structure is constructed, reconstructed,
relocated or maintained or any building, structure lot or land is used in
violation of any of the provisions of this Resolution an appropriate action or
proceeding in law or in equity may be instituted to prevent such unlawful
development, construct reconstruction, alteration, relocation, maintenance or
use, or to restrain, abate, enjoin or correct such violation, or to prevent the
occupancy of such building or structure or unlawful use of such land and to
prevent illegal acts, conduct, business or use in and about the premises. These
remedies shall be in addition to the penalties prescribed in section 9.2-2
above.