Chapter 6 
ZONING ADMINISTRATION and ENFORCEMENT


This chapter details zoning enforcement guidelines, as well as descriptions of some of the main duties of the
Zoning Administrator and Town Building Official. Building and occupancy permits, inspections, enforcement
issues as well as violations of this code are described.

6.1 Administration and Enforcement

6.1.1 The Zoning Administrator
The provisions of this Ordinance or Code shall be administered by the Zoning Administrator, acting
under the supervision of the Mayor, or the Mayor in the absence of the Zoning Administrator. The
Zoning Administrator shall, when deemed appropriate, recommend legal action to the Town Council
in order to enforce this Code or other land use related ordinances or regulations. The Zoning
Administrator, under the supervision of the Town Mayor shall determine when violations exist, when
a development is in substantial compliance with this Code, or when strict compliance should be
demanded, or other enforcement actions taken. The Zoning Administrator shall also advise the Town
and developers as to application, submission, compliance and procedural matters as related to this
code as well as the interpretation of this codes provisions to the best of his/her ability.

6.1.2 The Town Building Official ( Building Inspector)
The Town Building Official (Building Inspector) shall operate under the direction of the Mayor as
well and is charged with other related enforcement duties of this code, as well as issuance, revocation
and administration of building and occupancy permits as per this code and International Building
Codes in effect. The Building Official is also in charge of building or use inspections, and all building
inspectors shall work under his/her direction. Applications for permitted uses shall be evaluated by
the Building Official to determine if approval can be given as a permitted use or if questionable, the
use may be conditional or require further study or attention. In the latter case, the application shall
be referred to the Planning Commission for further clarification or processing.
Both the Zoning Administrator and the Building Official shall work with and advise the Planning
Commission and Town Council on all zoning or land use matters as applied for and acted on by the
Town of Deweyville. The failure of any person to properly interpret or apply this Code or any provision of it shall not operate to waive or estop the Town from subsequent enforcement action. Permits issued in violation of this Ordinance shall have no force or effect and persons knowingly or negligently building or
subdividing under improperly issued permits or approvals do so at their own risk.

6.2 Zoning and Building Permits
Construction, alteration, repair, or removal of any building or structure or any part thereof, as provided for or
as restricted in this ordinance and the International Building Code, shall not be commenced except upon
clearance by the Town staff for compliance with this Code and issuance of a building permit by the Town
Building Official. Building permits are not required for repairs that do not require inspection under the
International Building Code. Landscape elements do not require building permits. Buildings and structures
that do not require a building permit under the International Building Code must meet other zoning
requirements and must be approved by the Zoning Administrator.

6.3 Occupancy Permit
Land, buildings, or premises in any district shall hereafter be used only for a purpose permitted in such a
district and in accordance with the appropriate regulations. A permit of occupancy shall be issued by the
Building Official to the effect that the use, building, or premises conform to provisions of this and all related
ordinances, regulations, and requirements prior to occupancy, for any building erected, enlarged or altered
structurally for the occupancy or use of any land. Such a permit is needed whenever use or character of any
building or land is to be changed.

6.4 Inspection
The Town, through its designated officials, shall, upon presentation of evidence of his/her Authority, have the right of access to any premises at any reasonable hour for the purpose of inspecting all buildings and structures during the course of their construction, modification, or repair, and to inspect land uses to determine compliance with the provisions of this Code.

6.5 Site Plan Required
Apart from any project or building plans required to be submitted to the Town, a detailed site plan, drawn to
scale, shall be filed with the Zoning Administrator, as part of any application for a building permit for a
permitted use. The site plan shall show where pertinent:
(a) Scale and north arrow.
(b) Lot lines and their dimensions.
(c ) Adjacent streets, roads, rights-of-way, ditches, easements and land uses.
(d) Location of all existing structures on subject property and adjoining properties (completely
dimensioned, including utility lines, poles, fences, etc.).
(e) Existing utility line locations and sizes
(f) Existing and proposed grading, drainage, and landscaping plans.
(g) Location of proposed construction and improvements, including location of all landscape
elements, retaining walls, drainage works, and signs.
(h) Motor vehicle access, including individual parking stalls, circulation patterns, curb, gutter,
and sidewalk and trail location.
(i) Necessary explanatory notes.
(j) Name, address, and telephone number of builder and owner.
(k) Other information which may be requested by the Town Building Official, Town Staff or in
this Code.

6.6 Time Limit
Unless there is actual construction and a permit issued within a period of 180 days from the date of plan
approval by the Zoning Administrator and/or Building Official, the plan approval for a permitted use shall
expire.

6.7 Penalties and Enforcement
The provisions of this Code may be enforced by either civil or criminal actions in courts of appropriate and
competent jurisdiction. Suit may be brought by the Town, or by affected property owners in the manner set
forth below:

6.7.1 Criminal Citations
The Building Official and other designated Town officials may, when there is probable cause to
believe that construction has occurred in violation of this ordinance, issue a citation and swear out
criminal complaints against the appropriate individuals and business entities. Specific approval from
the Town Council for such misdemeanor citations is not required.

6.7.2 Civil Actions
The Town, with the authorization of the Town Council, may bring actions for civil and equitable
relief, including enjoining specific land uses and affirmative injunctions. The Building Official,
Zoning Administrator, Planning Commission, and other designated Town officials may recommend
such actions at any time to the Town Council, provided that no civil proceeding shall be commenced
without the specific authorization of the Council.

6.7.3 Third Party Actions
Individuals affected by zoning violations within Deweyville shall have the right to maintain private
actions to enforce the Code without joining the Town as a party.

6.8 Violations
Violations of this Code are Class "C" misdemeanors, and are punishable by a fine and/or imprisonment. The
officers and directors of a corporation shall be responsible for the acts committed by that corporation.
Corporations and individuals shall be responsible for the acts of their agents committed in violation of this
ordinance if they had knowledge of the act committed, and the owner of the property is presumed to have
knowledge of the uses of that property and improvements made to it. Each day that a violation occurs shall
constitute a separate offense.




Town of Deweyville Land Management and Development Code