§ 40-19. Administration

(a) Enforcement. This chapter shall be enforced by the city building official appointed by the city council. No oversight or dereliction on the part of the city building official or on the part of any official or of employees of the city or county shall legalize, authorize, and/or excuse the violation of any of the provisions of this chapter.

(b) Permits and variances required and appeal procedures.

(1) The construction, alteration or repair, removal or reconstruction of any structure or any part thereof as provided, or as restricted herein, shall not be commenced until after the issuance of a written permit for the same by the city building official, and full compliance with the provisions herein. This permit shall be valid for one year unless otherwise noted by the city building official.

(2) Variance. In order to be granted a variance for setbacks on all property lines, the petitioner will have acquired in writing a release of utility easements from Pedemales Electric Cooperative and Verizon Telephone, Inc., and from the adjacent property line owners.

The petitioner shall apply for a variance from the city building official, who shall file a written report on each variance. He shall inspect the property, and present the report, along with the variance, for the concurrence of the mayor. Should the mayor decide that this particular variance requires the additional study and approval of the planning and zoning commission and the city council then the mayor shall send the request for the variance to those two bodies.

(c) Building permit and certificate of occupancy. It shall be unlawful for any person, firm or corporation to commence the construction, enlargement or structural alteration of any building or structure in the city, without first applying for and securing a building permit. All new buildings or structures and all extensive (50 percent or more of area) remodeling of existing structures or buildings must secure a certificate of occupancy from the city building official. Application shall be made on forms furnished by the city building official. Every certificate of occupancy shall state that the occupancy complies with all provisions of this chapter and adopted construction codes.

(d) District boundaries. Where uncertainty exists, with respect to the boundaries of the various zoning districts as shown on the zoning district map accompanying and made a part of this chapter, the following rules apply:

(1) The zoning district boundaries are either street or alley centerlines unless otherwise shown. Where the zoning districts designated on the map accompanying and made a part of this chapter are bound approximately by the street or alley centerline, the street or alley centerlines shall be construed to be the boundary of the zoning district.

(2) Where the zoning district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the zoning district boundaries shall be construed to be the lot lines, and where the zoning districts designated by the zoning district map accompanying and made a part of this chapter, are bound approximately by lot lines, the lot lines shall be construed to be the boundary of the zoning districts unless the boundaries are otherwise indicated on the map.

(3) In unsubdivided property, the zoning district boundary lines on the map accompanying and made a part of this chapter shall be determined by the use of the scale appearing on the map.

(4) Whenever any street, alley or other public way is vacated by official action of the city council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall therefore be subject to all regulations of the extended zoning districts.

(5) Where the streets or alleys on the ground differ from the streets or alleys as shown on the official zoning map, the street or alleys on the ground shall take precedence.

(6) If none of the boundaries set forth in this subsection apply, the board of adjustment shall determine the location of the zoning district boundary.

(e) Interpretation. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals prosperity and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that if this chapter imposes a greater restriction this chapter shall take precedence.

(Ord. No. 409, § XVIII, 8-24-2004)