The provisions of this chapter shall be administered and enforced
by the Zoning Administrator, who shall be appointed by the Mayor and
Commissioners. It shall be the duty of the Zoning Administrator and
he/she shall have the power to:
A.
Receive and examine all applications for zoning permits.
B.
Issue permits only where there is compliance with the provisions
of this chapter and with other Town ordinances. Permits for uses requiring
a special exception or variance shall be issued only upon order of
the Board of Appeals.
C.
Receive applications for special exceptions, promptly submit these
applications to the Planning and Zoning Commission for its comments,
and then forward the applications along with the Planning and Zoning
Commission's recommendation to the Board of Appeals for action
thereon.
D.
Following refusal of a permit, receive applications for interpretation,
appeals, and variances and promptly forward these applications to
the Board of Appeals for action thereon.
E.
Conduct inspections and surveys to determine compliance or noncompliance
with the terms of this chapter.
F.
Issue stop, cease and desist orders and orders in writing for correction
of all conditions found to be in violation of the provisions of this
chapter. Such written orders shall be served personally or by certified
mail upon persons, firms or corporations deemed by the Zoning Administrator
to be violating the terms of this chapter. It shall be unlawful for
any person to violate any such order lawfully issued by the Zoning
Administrator, and any person violating any such order shall be guilty
of a violation of this chapter.
G.
With the approval of the Mayor and Commissioners, or when directed
by them, institute in the name of the Town any appropriate action
or proceedings to prevent the unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance or use; to restrain, correct
or abate such violation as to prevent the occupancy of or use of any
building, structure or land; or to prevent any illegal act, conduct,
business or use in or about such premises.
H.
Revoke, by order, a zoning permit issued under a misstatement of
fact or contrary to the law or the provisions of this chapter.
I.
Record and file all applications for zoning permits with accompanying
plans and documents. All applications, plans and documents shall be
a public record.
J.
Maintain a map or maps showing the current zoning classification
of all land in the Town.
K.
Maintain a map of all nonconforming uses and special exception uses
in the Town and a file on each such use.
L.
Upon the request of the Mayor and Commissioners, the Planning and
Zoning Commission or the Board of Appeals, present to such bodies
facts, records or reports which they may request to assist them in
making decisions or assist them in any other way as requested.
A.
Hereafter, no structure (except certain signs as provided in Article VIII) shall be erected, constructed, reconstructed, altered or moved, no land or building used or occupied and no land or building changed in use until a zoning permit has been secured from the Zoning Administrator. Upon completion of changes in use and construction, reconstruction or moving of structures, the applicant shall notify the Zoning Administrator of such completion. No permit shall be considered as complete or permanently effective until the Zoning Administrator has noted on the permit that the work or occupancy and use have been inspected and approved as being in conformity with the provisions of this chapter.
B.
The Zoning Administrator may grant a permit for a nonconforming temporary
building or use incidental to a construction project when such building
or use is reasonably required for such project. Such temporary permit
shall terminate at the time of completion of the project.
All applications for zoning permits shall be made in writing
by the owner, tenant, vender under contract of sale, or authorized
agent on a form supplied by the Town and shall be filed with the Zoning
Administrator.
All applicants for zoning permits, special exceptions and interpretation
and variance appeals shall, at the time of making application, pay
to the Zoning Administrator a fee in accordance with a fee schedule
adopted by resolution of the Mayor and Commissioners upon the enactment
of this chapter, or as such schedule may be amended by resolution
of the Mayor and Commissioners.
Any erection, construction, reconstruction, alteration or moving
of a building or other structure, including a sign, authorized by
a zoning permit shall be commenced and any change in use of a building
or land authorized by a zoning permit shall be undertaken within one
year after the date of issuance of the permit. If not, the permit
shall be considered null and void.
A.
The Planning and Zoning Commission shall consist of five or seven
members appointed by the Mayor and Commissioners for staggered five-year
terms or until a successor takes office. Members may, after a public
hearing, be removed from office by the Mayor and Commissioners for
inefficiency, neglect of duty, or malfeasance in the office. The Mayor
and Commissioners shall file a written statement of reasons for such
removal. Vacancies occurring otherwise than through the expiration
of term shall be filled for the unexpired term by the Mayor and Commissioners.
Members may serve with such compensation as the Mayor and Commissioners
deem appropriate.
B.
The Commission shall elect a Chairperson from its membership. The
Chairperson's term shall be one year with eligibility for reelection.
The Commission shall hold at least one regular meeting each month.
It shall adopt rules for transaction of business and shall keep a
record of its resolutions, transactions, findings, and determinations
which record shall be a public record.
