Ash Grove City Zoning Code
ARTICLE X
Administration
Section 405.520 Zoning Commission.
[R.O. 2012 §405.520; Ord. No. 727 §1, 3-6-2000]
The City Planning and Zoning Commission is hereby appointed as the Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations for the enforcement of a zoning ordinance.
Section 405.530 Enforcement.
[R.O. 2012 §405.530; Ord. No. 727 §1, 3-6-2000]
It shall be the duty of the public official so designated, or any designated deputy or inspector working under his/her direction, to enforce the provisions of this Chapter and to refuse to issue any permit for any building or structure or for the use of any premises which would violate any of the provisions hereof, and to cause any building, structure, place, or premises to be inspected and examined, and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of this Chapter. In the event any permit is issued that is not in conformity with the provisions of these regulations such permit shall be null and void. Any building or structure erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land used in violation of this Chapter shall be deemed a public nuisance and said Building Official is hereby authorized and directed to institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use; to restrain, correct, or abate such violation and to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, or use in or about such premises.
Section 405.540 Zoning Permits.
[R.O. 2012 §405.540; Ord. No. 727 §1, 3-6-2000]
A.
No building, or additions to buildings or other structures, as defined herein, shall be erected, constructed, reconstructed, altered, repaired or converted without first obtaining a zoning permit from the Building Official so appointed. No permit shall be issued unless there is filed in the office of the Building Official, information including but not limited to, construction plans and plot plans, drawn to scale, showing the exact location or locations of any proposed structures on the building site to be occupied, and other information necessary to determine if the proposed application meets the requirements of this and any other ordinance applicable. Said application shall include in writing the proposed use or uses of said buildings or premises.
B.
An application for a zoning permit shall be approved or denied by the Building Official within a reasonable time, such time not to exceed ten (10) business days, from date of receipt. If application is denied, the reason for such denial shall be stated, in writing, upon the application, and applicant so notified of such denial.
C.
There shall be a fee of fifteen dollars ($15.00) charged for each zoning permit issued in accordance with this Chapter.
D.
A permit shall expire after one (1) year, provided however, that extensions may be made where warranted.
E.
A record of all zoning permit applications and zoning permits issued shall be kept in the office issuing such permits.
F.
A permit issued in accordance with the provisions of this and other pertinent ordinances may be revoked by the issuing officer at any time prior to the completion of the structure for which the permit was issued, when it shall appear there is a departure from the approved plans, specifications and/or requirements of conditions required under the terms of the zoning permit, or the same was issued under false representation, or that any other provisions of this Chapter or other ordinance are being violated.
G.
Failure, refusal or neglect of any property owner or his/her authorized representative to apply for and secure a valid zoning permit, including the payment of the prescribed fee as provided, shall be reason for the issuance of a stop order by the Building Official, provided said owner or authorized representative shall have been notified in writing at least forty-eight (48) hours prior to the issuance of said stop order that he/she is in violation of ordinances of the City. Said stop order shall be posted on or near the property in question in a conspicuous place and no further construction shall proceed. Where such building or construction has proceeded without filing for and receiving a valid permit, the fee for the issuance of a subsequent zoning permit shall be doubled.
Section 405.550 Occupancy Permits.
[R.O. 2012 §405.550; Ord. No. 727 §1, 3-6-2000]
A.
Subsequent to the effective date of this Chapter, November 2, 1970, no change in the use of land, and no change in the use of existing buildings shall be made until a certificate of occupancy shall have been issued by the Building Official. A certificate of occupancy for a new building or the structural alteration of an existing building shall be applied for coincident with the application for a zoning permit and shall be issued within ten (10) days after the erection or alteration of such building or part thereof shall have been accomplished in conformity with the ordinance of the City.
B.
Pending the issuance of a regular certificate of occupancy, a temporary certificate of occupancy may be issued by the Building Official which shall be valid for a period not to exceed six (6) months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificate shall not be construed in any way as altering the respective rights, duties, or obligations of the owners or of the City relating to the use of occupancy of the premises or any other matter covered by this Chapter; and such temporary certificate shall not be issued except under such restrictions and limitations as will adequately insure the safety of the occupants.
C.
The certificate of occupancy shall state that the building or proposed use of the premises complies with all the building and health ordinances and with the provisions of this Chapter.
D.
A record of all certificates of occupancy shall be kept on file in the office of the Building Official and copies thereof shall be furnished on request to any person having a proprietary or tenant interest in the building or premises affected.
E.
A certificate of occupancy shall be required for all non-conforming uses. Application for a certificate of occupancy for non-conforming uses shall be filed with the Building Official within twelve (12) months from the effective date of this Chapter, accompanied by affidavit or proof that such non-conforming use was lawfully commenced prior to the effective date of this Chapter, November 2, 1970.
F.
A fee of one dollar ($1.00) shall be paid to the Building Official for the issuance of any certificate of occupancy.
Section 405.560 Amendments, Supplement or Change of Boundaries or Regulations and Fees.
[R.O. 2012 §405.560; Ord. No. 727 §1, 3-6-2000]
A.
The Board of Aldermen may, from time to time, amend, supplement, change, modify or repeal such regulations, restrictions, and boundaries contained in this Chapter whenever the public necessity, convenience or general welfare requires; provided such amendment, change, supplement, modification or repeal shall have first been submitted to the City Planning and Zoning Commission for its review and recommendation.
B.
The procedure shall be as follows:
2.
Application and fee. A proposal for an amendment by the property owners must be filed with the City, on approved forms, at least twenty (20) days prior to any regular meeting of the Board of Aldermen. A filing fee of seventy-five dollars ($75.00) shall be submitted with the application. Applicant also responsible for advertising and notification costs for the public hearings. City will bill applicant for public notification costs.
[Ord. No. 1229, 11-2-2023]
3.
Hearings and notice. Upon receipt of a valid proposal for an amendment the Board of Aldermen shall set a date for a public hearing. A published notice of the hearings shall appear once, in the official newspaper of the City, or a paper of general circulation, at least fifteen (15) days prior to such hearing. Such notice shall include at least the following information:
4.
Notice to Planning and Zoning Commission. Upon receipt of an application as outlined in this Section, the Board of Aldermen, or its designated agent, shall refer said application to the Planning and Zoning Commission for its review and written recommendation.
5.
Protests. Protests against such amendment or change may be filed in the office of the City Clerk at least five (5) days prior to the public hearing on petitions duly signed and acknowledged by the owners of thirty percent (30%) or more of either of the areas of the land (exclusive of streets and alleys) included in such proposed change, or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed.
6.
Action by the legislative body. Upon receipt of the written recommendation of the City Planning and Zoning Commission, and after public hearing, duly published and notices properly made, the legislative body may approve or deny the application, except that if a valid protest has been filed, the application shall not be adopted except by at least a two-thirds (2/3) majority vote of all members of the legislative body. If the application affects the boundaries of any zone, the ordinance shall define the change of boundary, as approved, and shall order the Official Map to be changed, and shall amend the Section incorporating the same and reincorporate such map as amended.
Section 405.570 Special Uses - Procedures.
[R.O. 2012 §405.570; Ord. No. 727 §1, 3-6-2000]
A.
An application for a special use, as listed in Section 405.360, shall be filed with the City Planning and Zoning Commission on approved forms at least twenty-five (25) days prior to any regular meeting of the Planning and Zoning Commission.
B.
The filing fee and hearing procedure shall follow those procedures and amount of fee outlined in Section 405.520 (B,2) and (B,3), except that the public hearing shall be by the Planning and Zoning Commission.
C.
After public hearing the Planning and Zoning Commission may approve or deny said application. The decision of the Planning and Zoning Commission shall be final unless appealed to the legislative body of the City within fourteen (14) days of the date of the decision of the Planning and Zoning Commission.