[Amended 4-10-2012 by Ord. No. 2012-04; 7-9-2013 by Ord. No. 2013-07]
It shall be unlawful to locate or begin the excavation, erection,
construction, reconstruction, extension, conversion or structural
alteration of any building or structure, or establish a new use of
land, without first obtaining a zoning certificate therefor from the
Zoning Administrator. Notwithstanding the foregoing, no person shall
be required to obtain a permit or a zoning certificate or be otherwise
required to register with the Town for approval of the use of property
for recreational beekeeping or keeping of permitted agricultural animals.
[Amended 4-11-2017 by Ord. No. 2017-04]
Every application for a zoning certificate shall
be signed by the applicant and shall be accompanied by plans drawn
to scale showing the actual shape and dimensions of the lot to be
built upon or to be changed in its use, in whole or in part; the exact
location, size and height of any building or structure to be located
or altered; the 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; when no buildings are involved,
the location of the present use and proposed use to be made of the
lot and such other information with regard to the lot and neighboring
lots as may be necessary to determine and provide for the enforcement
of this chapter, except for agricultural buildings or uses, when located
more than 200 feet from the R-1, R1-SG and R-2 Districts. 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 or deed description.
A zoning certificate shall become void one year
after the date of issuance if the construction or use for which the
certificate was issued has not been started.
A filing fee shall accompany each application
for a zoning certificate. Such fees shall be established, from time
to time, by the Town Council upon the recommendation of the Planning
Commission. The fee schedule shall be maintained on file in the office
of the Town Clerk.
A zoning certificate shall be revocable upon
noncompliance with any requirements or conditions.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, sign, or land is used in violation of this chapter, the Mayor and Council, the Town Attorney or the Zoning Administrator, in addition to other remedies, may institute any appropriate action or proceeding to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate the violation, to prevent the occupancy of the building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about the premises. However, despite any provisions of this section, the local authorities may not institute any action or proceeding to abate a transfer which has been completed or to prevent the occupancy of a building, structure or land involved in the transfer as a result of a violation of Chapter
130, Subdivision and Land Development; further provided that any property subdivided in violation of Chapter
130, Subdivision and Land Development, shall remain subject to the adopted Subdivision Regulations.
It shall be unlawful to locate, erect, construct,
reconstruct, enlarge, change, maintain or use any building or land
in violation of any regulation in or any provisions of this chapter
or any amendment or supplement thereto lawfully adopted by the Mayor
and Council or fail to comply with any reasonable requirement or condition
imposed by the Board of Appeals. Any person violating any regulation
in or any provision of this chapter or of any amendment or supplement
thereto shall be deemed guilty of a misdemeanor and, upon conviction
thereof, shall be fined not more than $100. Each and every day during
which such illegal location, erection, construction, reconstruction,
enlargement, change, maintenance or use continues may be deemed a
separate offense.