The Director of Planning and Development shall serve as the
Zoning Administrator.
[R.O. 2009 §25-22; Ord. No. 2739 §§43-103.1 — 43-103.4, 5-20-1985]
A. This
Chapter shall be enforced by the Director of Planning and Development.
The construction, reconstruction and/or alteration of buildings shall
not be undertaken and the development of land shall not be commenced
except in accordance with the provisions of this Zoning Code. No permit
or application for the construction, alteration or change of use of
buildings or land shall be approved if the proposed use or activity
would be in violation of this Chapter.
B. Inspections. The Director of Planning and Development is
authorized to make inspections to determine whether dwellings, dwelling
units, accessory structures and premises located within this City
conform to the requirements of this Chapter. For the purpose of making
such inspections, the Director of Planning and Development is authorized
to enter, examine and survey at all reasonable times all dwellings,
dwelling units, accessory structures and premises. The owner or occupant
of every dwelling, dwelling unit, accessory structure and its premises,
shall give the Director of Planning and Development free access thereto
at all reasonable times for the purpose of such inspection, examination
and survey. If the owner or occupant shall refuse access to any premises,
then the Director of Planning and Development shall have authority
to enter any of the such premises after written notice has been given
to the owner or his/her agent.
C. Notice Of Violation And Sanctions. If the Director of Planning
and Development finds that any of the provisions of this Chapter are
being violated, he/she 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/she shall take any other action
authorized by law to ensure compliance with or prevent violation of
the provisions of this Zoning Code.
D. Conformance With Approved Plans And Conditions. All permits
issued on the basis of plans and/or applications approved by the Director
of Planning and Development, Architectural Review Board, Planning
and Zoning Commission and/or Board of Aldermen shall authorize only
the use, arrangement and/or construction set forth in such approved
plans and/or applications and no other use, arrangement or construction.
[R.O. 2009 §25-23; Ord. No. 2739 §§43-101.1 — 43-101.3, 5-20-1985; Ord.
No. 3422 §§1 — 2, 8-21-1995; Ord. No. 3861 §1, 1-6-2003; Ord. No. 4308 §1, 9-19-2011]
A. Whenever
the provisions of this Chapter require notice and hearing, the following
procedures shall govern:
1. Time of publication, content. It is the responsibility
of those officials conducting the hearing to see that at least fifteen
(15) days' notice of the time and place of the hearing is published
in a newspaper generally available to the citizens of Brentwood which
is other than a newspaper generally used for official notice by the
legal profession. The notice shall state the time and place of the
hearing and the subject matter of the hearing. When applicable, the
notice shall also state where copies of reports, documents, applications,
plans or other relevant material will be accessible for examination
by interested persons prior to the hearing.
2. Record of proceeding. The official or officials
holding the hearing shall provide for maintaining a record of the
hearing and for taking statements, evidence and testimony.
3. Individual citizen notice.
a. All residents and property owners residing within three hundred (300)
feet of property which is the subject of a rezoning, site development
or conditional use permit petition shall, upon receipt of the petition
by the Zoning Administrator, be notified by mail that said petition
was filed. Said notification shall give the date of the first (1st)
discussion of the matter before the Planning and Zoning Commission.
b. When the date of a public hearing before the Board of Aldermen has
been determined, a notice stating the time and place of the hearing
and the subject matter of the hearing will be mailed or hand delivered
to property owners and residents who own or reside in property located
within three hundred (300) feet of the property which is the subject
of the action petitioned. When applicable, the notice shall also state
where copies of reports, documents, applications, plans or other relevant
material will be accessible for examination by interested persons
prior to the hearing.
c. The Planning and Zoning Commission, at its sole discretion, may hold
informational meetings intended to inform residents of the details
of proposals involving new construction or uses within three hundred
(300) feet of their homes. This is not to be construed as fulfilling
the requirement for the public hearings described in Subsection (4)(a)
and (b) above. Resident notification of the informational meeting
is to be by post card or letter mailed or hand delivered to properties
within three hundred (300) feet of the property for which new construction
or a new use is petitioned.
[R.O. 2009 §25-24; Ord. No. 2739 §43-102, 5-20-1985]
Upon receipt of the recommendations of the Planning and Zoning
Commission and the Department of Planning and Development, the Board
of Aldermen shall establish a schedule of fees, charges and expenses
and a collection procedure for all matters pertaining to this Zoning
Code. The schedule of fees is on file in the office of the City Clerk/Administrator
and in the Department of Planning and Development. Until all applicable
fees, charges and expenses have been paid in full, no action shall
be taken on any matter or on any appeal provided by this Chapter.