The Zoning Administrator shall be the agent
of the Town government and shall administer and enforce the provisions
of this chapter, under the direction of the Mayor and Town Council.
The Zoning Administrator shall be appointed by the Mayor and confirmed
by the Town Council, and may be removed by the Mayor, with the consent
of the Town Council, or by the Town Council. It shall be the duty
of the Zoning Administrator and he shall have the power and duty,
under the general supervision of the Town government, 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, submitted under the provisions of Article X, and promptly submit these to the Oakland Planning Commission for its comments, and to the Board of Appeals, along with the Planning Commission's recommendations, for action thereon by the Board of Appeals.
D.
Receive applications for interpretation of his orders,
for appeals therefrom, and for variances, and to promptly forward
these applications to the Board of Appeals for action thereon.
E.
Conduct inspections and to cause surveys to be made
to determine whether there is compliance with the terms of this chapter.
F.
Issue stop, cease and desist orders, and other orders
in writing for the correction of any and all conditions found, by
him, or by the Town government, to be in violation of the provisions
of this chapter. Such written orders shall be served personally by
the Zoning Administrator or by certified mail upon the person(s),
firm(s) or corporation(s) deemed by the Zoning Administrator, or by
the Mayor and Town Council, to be violating the terms of this chapter.
G.
It shall be unlawful for any person to violate any
such order lawfully issued by the Zoning Administrator, or the Town
government, or the Mayor and Town Council, and any persons so violating
such order shall be guilty of a violation of this chapter.
H.
With the approval of the Mayor or Town Council, or
when directed by them, to 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
of any structure or building, and to restrain, correct or abate such
violations as to prevent the occupancy of any such building, structure
or land, or to prevent any illegal act, or conduct business or use
in or about such premises.
I.
Revoke, by order, a zoning permit issued under a misstatement
of fact or contrary to the law or the provisions of this chapter.
J.
Record, file and keep in a place set aside in his
office all applications for zoning permits with accompanying plans
and documents. All applications, plans and documents shall be a public
record.
K.
Keep and maintain the Official Zoning Map or maps
showing the current zoning classification of all land in the Town.
L.
Keep and maintain a map of all nonconforming uses
and special exception uses in the Town and a file on each such use.
M.
Keep and maintain in a place set aside in his office
a complete record of all additions or amendments to this chapter,
including these regulations, the Zoning Map, subdivision regulations,
and any other rules and regulations pertaining thereto, and provide
for the sequential numbering of all adopted changes or amendments
to this chapter, including these regulations, the Zoning Map, any
subdivision regulations, or any other rules and regulations pertaining
thereto.
N.
Upon the direction of the Mayor and Town Council,
the Planning 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 in carrying out their responsibilities.
O.
Consider applications for nonconforming use permits,
and to issue same if he is convinced that the use and/or building
and structure lawfully existed upon the effective date of this chapter,
and to refuse the issue of the same if he is not so convinced.
P.
To assure that each nonconforming use permit issued
by his office contains the exact specifications of the nonconforming
use and/or building and/or structure, so that full documentation as
to the extent, nature and character of the nonconforming use and/or
building and/or structure is recorded, and to maintain said records.
Q.
To enforce any and all conditions precedent placed by the Board of Appeals upon any action taken by the Board, including the granting of a variance, a special exception, permission to change one nonconforming use to another nonconforming use, and permission to continue a nonconforming use under Article VIII, and maintain a complete record of each condition precedent so imposed by the Board.
A.
Hereafter, no structure (except certain signs as provided in Article VII) 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. In the event a permit is issued, and 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 has been inspected and approved as being in conformity with the provisions of this chapter, and the permit has been signed by a member of the Town Council, designated by the Mayor and Council for that purpose. No such permit shall be issued unless all fees required have been paid in advance.
B.
The Zoning Administrator may grant a permit for a
nonconforming temporary building or use accessory or incidental to
a construction project, and such building or temporary permit shall
terminate at the time of the completion of the project, but in no
event shall such a temporary permit be valid for more than two years.[1]
A.
All applications for zoning permits shall be made
in writing by the owner, tenant, buyer under contract of sale, or
authorized agent on a form supplied by the Town and shall be filed
with the Zoning Administrator.
B.
An engineer's site plan will be required for new construction
(i.e., buildings, homes, additions, garages, etc.).
All applicants for zoning permits, special exceptions,
and interpretation and variance appeals shall, at the time of making
application, pay to the Town Clerk for the use of the Town a fee in
accordance with a fee schedule adopted by resolution of the Town Council,
or amended by resolution of the Town Council.
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 date of issuance of the permit. If
not, the permit shall be considered null and void.
