Administration, Enforcement and Duties

§ 602 Administration, Enforcement and Duties

[Amended 5-3-2022 by Ord. No. 2022-04; 8-16-2023 by Ord. No. 2023-06]

A. Designation. A Zoning Official shall be designated by the Town Manager to assist in administration and enforcement of this Ordinance. They may be provided with the assistance of such other persons as the Town Manager may direct.

B. Duties.

1. It shall be the duty of the Zoning Official to interpret and enforce the provisions of this Ordinance in the manner and form and with the powers provided in the laws of the State and in the Charter and Ordinances of the Town.

2. The Zoning Official shall refer all applications for variances, Special Use Permits and other appeals to the Zoning Board of Review, and shall grant or deny applications for Zoning Modifications.

3. In order to provide guidance or clarification, the Zoning Official shall, upon written request, issue a Zoning Certificate or provide information to the requesting party as to the determination by the Zoning Official. Such information, certificate or determination shall be provided within 15 days of the Zoning Official's receipt of the written request. If no written response is provided within that time, the requesting party shall have the right to appeal to the Zoning Board of Review for the determination.

4. Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may convey to the Zoning Official (or their designee) a complaint, which shall be in writing. The Zoning Official (or their designee) shall properly record such complaint, promptly investigate and take appropriate action thereon as provided by the Ordinance. All complainants shall be promptly notified as to the disposition of their complaint. The Zoning Official (or their designee) shall make a determination in writing, within 15 days, to any written complaint received, regarding a violation of this Ordinance. Any such determination may be appealed to the Zoning Board of Review.

5. If the Zoning Official (or their designee) shall find that any of the provisions of this Ordinance are being violated, they shall notify in writing the person responsible for such violation, indicate the nature of the violation and order the action necessary to correct it. They shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this Ordinance or by State Law or by policies or procedures adopted by Town Council to ensure compliance with or to prevent violation of their provisions.

6. The Zoning Official shall perform such other duties and take such other actions as may be assigned by this Ordinance.

C. Conflicts of Law. All departments, officials and public employees of the Town which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Ordinance and shall issue no permit or license for any use, building or purpose if the same would be in conflict with the provisions of this Ordinance. Any permit or license, issued in conflict with the provisions of this Ordinance, shall be null and void.