ARTICLE 22: ADMINISTRATION AND ENFORCEMENT

 

 

Section 1. Zoning Administrator.

 

A Zoning Administrator shall be appointed by the Board of County Commissioners and shall administer and enforce these regulations. The Zoning Administrator may be provided with the assistance of such other persons as the Board of county Commissioners may direct.

 

Section 2. Building Permit Required.

 

It shall be unlawful to commence or do any excavating, erecting, constructing, reconstructing, enlarging, altering, or moving of any building or structure or to use or occupy or permit the use or occupancy of any building, land or premises, or construction or connection to water or sewer facilities or part thereof hereafter created, erected, change, converted, or wholly or partly altered or enlarged in its use or structure until a building permit shall have been issued therefore by the Zoning Administrator stating that the proposed use of the building or land conforms to these regulations.

 

Not withstanding any provisions contained herein, farm buildings and structures, except farm dwellings, are exempt from the requirements of applying for and receiving building permits provided such buildings and structures must conform to all applicable provisions of these regulations. An exemption form must be issued by the Zoning Administrator prior to construction.

 

The Zoning Administrator may issue a temporary building permit for uses in any district for the purpose of uses and buildings incidental and required in the construction of a principal permitted use in the district in which it is located and highway construction, provided that such use be of a temporary nature and does not involve the erection of substantial buildings. Such permit shall be granted in the form of a temporary and revocable permit for not more than six months subject to conditions as will safeguard the public health, safety and general welfare.

 

Section 3. Application for Building Permit.

 

Written application on forms prescribed and furnished by the Zoning Administrator stating such information as may be required for the enforcement of these regulations shall be submitted and shall be accompanied by plans in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon or to be changed in its use, in while 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 (1) copy of such plans shall be returned to the owner when such plans shall have been approved by the Building Inspector together with such building 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 actual survey. The lot and the location of the building thereon shall be staked out on the ground before construction is started.

 

The Zoning Administrator shall issue a written permit, or denial, thereof, with reasons in writing within fifteen (15) days from the date of the acceptance of the application.

 

Except where an extension has been obtained in writing from the Zoning Administrator, permits issued shall expire within ninety (90) days if the work described in the permit has not begun or the use applied for has not been established and within one year should the work not have been completed.

 

Section 4. Enforcement by the Zoning Administrator.

 

It shall be the duty of the Zoning Administrator to enforce these regulations in accordance with its provisions. All departments, officials, and public employees of Stanton County which are vested with the duty or authority to issue permits or licenses, shall conform to the provisions of these regulations and shall issue no permit or license for any use, building or purpose, if the same would be in conflict with the provisions of these regulations.

 

Any person, partnership, limited liability company, association, club, or corporation violating these regulations or of erecting, constructing, reconstructing, altering, or converting any structure without having first obtained a permit shall be guilty of a Class III misdemeanor. Each day such violation continues after notice of violation has been given to the offender may be considered a separate offense. In addition to other remedies, the county board or the zoning administrator, as well as any owner or owners of real estate within the district affected by these regulations, may institute any appropriate action or proceedings to prevent such unlawful construction, erection, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, or to prevent the illegal act, conduct, business, or use in or about such premises. any taxpayer or taxpayers in the county may institute proceedings or compel specific performance by the Zoning Administrator, county board or any other responsible officials of the county.

 

Section 5. Certification of Occupancy.

 

No structure or land shall be hereafter used or the use changed thereof until a Certificate of Occupancy shall have been issued by the Zoning Administrator. A Certificate of Occupancy for a new building, or for the alteration of an existing structure shall be applied for coincident with the application for a building permit and shall be issued within ten days after the erection or alteration of such building is completed in conformity with these regulations.

 

No Certificate of Occupancy shall be issued for residential purposes for a partially completed or portion of a building. No structure shall be used as a temporary residence.

 

Application for a change of use of land or existing structure shall be made on forms provided by the Zoning Administrator and shall state the proposed use is in conformity with these regulations.

 

Section 6. Fees.

 

Each applicant for a building permit shall pay the Zoning Administrator upon the presentation of such application fee based upon the proposed construction, alteration, or repairs in accordance with the following schedule:

 

Building Permits

Fee

 

 

Building Permit, General .
Building Permit for Mobile Home ..
Change or Use not Coincident with Building Permit .

$50.00
$75.00
$ 5.00

 

Double the fee if construction takes place before the permit is issued.

 

Any alteration, construction or repairs made upon any existing building or structure which the estimated cost shall be less than $1,000.00, no permit is required; however, such alteration, construction or repairs shall in all respects conform to these regulations.

 

Receipt for such fee shall be issued by the Zoning Administrator and a record thereof kept by him. When a permit is not granted upon any application, the fee paid by the applicant shall be retained by the Zoning Administrator.

 

Application and Appeals

Fee

 

 

Appeals to the Board of Adjustment ..
Application for Conditional Use .
Amendment, Zoning Change or use Change ..

$25.00
$50.00
$75.00

 

 

Stanton County Zoning Regulations