Bellevue City Zoning Code
CHAPTER 1227
Enforcement, Zoning Permits and Penalty
1227.01 ENFORCEMENT.
The provisions of this Zoning Ordinance shall be administered and enforced by the Zoning Administrator, who shall have the power to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this Zoning Ordinance. No Zoning Permit shall be issued by the Zoning Administrator, except in compliance with the provisions of this Zoning Ordinance, or as directed by the Board of Zoning Appeals.
(Ord. 1-15. Passed 2-23-15.)
1227.02 ZONING PERMIT.
(a) No building or structure shall be erected, moved, added to or enlarged and no excavation for any building or structure shall begin unless and until a Zoning Permit for such work has been issued by the Zoning Administrator.
(b) The following permit fees shall be charged:
(1) A permit fee, established by City Council;
(2) A penalty of double the permit fee, as established by City Council, if the owner of any property commences construction prior to obtaining the Zoning Permit provided for in this Section.
(c) No Zoning Permit shall be issued for any building or structure to be located in a subdivision as defined by the Subdivision Regulations until the subdivision has been approved by the Planning Commission. Application for Zoning Permits shall be submitted in duplicate on a form or forms provided by the Zoning Administrator. Each application shall set forth the purpose for which the building is intended to be used and shall be accompanied by a plot plan showing the dimension of the lot and the building, and dimensions of required yards. The Zoning Administrator may require such additional information, other than that called for on the application form, as may be reasonably needed for him to determine if the proposed building, its use and the use of the land are in conformity with the provisions of this Zoning Ordinance and other pertinent ordinances.
(Ord. 1-15. Passed 2-23-15.)
1227.03 CONTENTS OF APPLICATION FOR ZONING PERMIT.
The application for a Zoning Permit shall be made in writing and be signed by the property owner, attesting to the truth and exactness of all information supplied on the application. Each application shall clearly state that the Permit shall expire and may be revoked if work has not begun within one year or substantially completed within two and one-half (2½) years. At a minimum, the application shall contain the following information and be accompanied by all required fees:
(a) Name, address, and phone number of property owner and applicant, if another party;
(b) Existing use;
(c) Proposed use;
(d) Zoning district;
(e) Plans drawn to scale, showing the actual dimensions and the shape of the lot to be built upon; the exact size and location of existing buildings on the lot, if any; and the location and dimensions of the proposed building(s) or alteration;
(f) Buildings heights;
(g) Number of off-street parking spaces or loading berths, and their layout;
(h) Location and design of access drives;
(i) Number of dwelling units;
(j) If applicable, application for a sign permit or a conditional, special, or temporary use permit, unless previously submitted;
(k) Such other documentation as may be necessary to determine conformance with, and to provide for the enforcement of, this Zoning Ordinance.
(Ord. 1-15. Passed 2-23-15.)
1227.04 APPROVAL OF ZONING PERMIT.
Within thirty (30) days after the receipt of an application, the Zoning Administrator shall either approve or disapprove the application in conformance with the provisions of this Zoning Ordinance. All zoning permits shall, however, be conditional upon the commencement of work within one (1) year. One (1) copy of the plan shall be returned to the applicant by the Zoning Administrator, after the Zoning Administrator shall have marked such copy, either as approved or disapproved, and attested to same by his signature on such copy. One (1) copy of plans, similarly marked, shall be retained by the Zoning Administrator. The Zoning Administrator shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the activity is in conformance with the provision of this Zoning Ordinance.
(Ord. 1-15. Passed 2-23-15.)
1227.05 EXPIRATION OF ZONING PERMIT.
(a) As to commercial and industrial construction, if the work described within the zoning permit has not begun within one year from the date of issuance thereof, said permit shall expire. It shall be revoked by the Zoning Administrator; and written notice thereof shall be given to the persons affected, together with notice that any such work, as described in the canceled permit, shall not commence unless and until a new zoning permit has obtained or an extension granted at the discretion of the Zoning Administrator. If the work described in any commercial or industrial zoning permit has not been substantially completed within two and one-half (2½) years of the date of issuance thereof, said Permit shall expire and be revoked by the Zoning Administrator. Written notice thereof shall be given to the persons affected, together with notice that further work, as described in the canceled permit, shall not proceed unless and until a new zoning permit has been obtained or an extension granted at the discretion of the Zoning Administrator.
(b) As to residential construction, if any such work described in any residential zoning permit has not been substantially completed, within one and one-half (1½) years of the date of issuance thereof, said permit shall expire and be revoked by the Zoning Administrator. Written notice thereof shall be given to the persons affected, together with notice that further work, as described in the canceled permit, shall not proceed unless and until a new zoning permit has been obtained or an extension granted at the discretion of the Zoning Administrator.
(Ord. 1-15. Passed 2-23-15.)
1227.06 FAILURE TO OBTAIN A ZONING PERMIT.
Whenever the Zoning Administrator, or his agent, determines that there is a violation of any provisions of this Zoning Ordinance, a warning tag shall be issued and shall serve as a notice of violation. Such order shall:
(a) Be in writing;
(b) Identify the violation;
(c) Include a statement of the reason, or reasons, why it is being issued and refer to the section of this Zoning Ordinance being violated; and
(d) State the time by which the violation shall be corrected.
(e) Service of notice of violation shall be as follows:
(1) By personal delivery to the person or persons responsible, or by leaving the notice at the usual place of residence of the owner, and resident if different than owner, with a person of suitable age and discretion; or
(2) By certified mail deposited in the United States Post Office addressed to the person or persons responsible at a last known address. If a certified mail envelope is returned with endorsement showing that the envelope is unclaimed, then service shall be sent by ordinary mail, and the mailing shall be evidence by a certificate of mailing, which shall be filed by the Zoning Administrator. Service shall be deemed complete when the fact of mailing is entered of record, provided that the ordinary mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery; or
(3) By posting a copy of the notice form in a conspicuous place on the premises found in violation.
(Ord. 1-15. Passed 2-23-15.)
1227.07 CONSTRUCTION AND USE TO BE PROVIDED IN APPLICATION, PLANS, PERMITS AND CERTIFICATES.
Zoning permits issued on the basis of plans and applications approved by the Zoning Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto, and no other use, arrangement, or construction. Use, arrangement, or construction contrary to that authorized shall be deemed a punishable violation of this Zoning Ordinance.
(Ord. 1-15. Passed 2-23-15.)
1227.08 COMPLAINTS REGARDING VIOLATIONS.
Whenever a violation of this Zoning Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Administrator. The Zoning Administrator shall record properly such complaint, immediately investigate it, and take action thereon as provided by this Zoning Ordinance.
(Ord. 1-15. Passed 2-23-15.)
1227.09 ENTRY AND INSPECTION OF PROPERTY.
The Zoning Administrator is authorized to make inspections of properties and structures in order to examine and survey the same, at any reasonable hour, for the purpose of enforcing the provisions of this Zoning Ordinance. Prior to seeking entry to any property or structure for such examination or survey, the Zoning Administrator shall attempt to obtain the permission of the owner or occupant to inspect. If such permission is denied or cannot be obtained, the Zoning Administrator shall request the assistance of the Law Director in securing a valid search warrant prior to entry.
(Ord. 1-15. Passed 2-23-15.)
1227.10 STOP WORK ORDER.
Subsequent to his determination that work is being done contrary to this Zoning Ordinance, the Zoning Administrator shall write a stop work order and post it on the premises involved. Removal of a stop work order except by the order of the Zoning Administrator shall constitute a punishable violation of this Zoning Ordinance.
(Ord. 1-15. Passed 2-23-15.)
1227.11 ZONING PERMIT REVOCATION.
The Zoning Administrator may issue a revocation notice to revoke a permit or administrative approval which was issued contrary to this Zoning Ordinance or based upon false information or misrepresentation in the application.
(Ord. 1-15. Passed 2-23-15.)
1227.12 PENALTY.
Any person or corporation, whether as owner or lessee, agent or employee, who violates any provision of this Zoning Ordinance, or who fails to comply with any order or regulation made there under, or who erects, alters, moves or uses any land in violation of any detailed statement or plans submitted by him and approved under the provisions of this Zoning Ordinance, shall be guilty of an offense. An offense within the meaning of this Section is not a crime, and the punishment imposed therefore shall not be deemed, for any purpose, a criminal punishment, and shall not effect or impair the credibility as witness or otherwise of any person convicted thereof. Whoever violates any provision of this Zoning Ordinance shall be fined not more than three hundred dollars ($300.00) per day per violation. Each violation and each day that a violation continues or is permitted to exist shall constitute a separate and distinct violation. In addition to the penalties provided herein, the City shall recover costs for legal counsel, court costs, court reporters' fees and other expenses of litigation by appropriate suits at law against the person found to have violated this Chapter, or the orders, rules, regulations or permits issued hereunder.
(Ord. 1-15. Passed 2-23-15.)
1227.13 ADDITIONAL REMEDIES.
Nothing in this Zoning Ordinance shall be deemed to abolish, impair or prevent other additional remedies as provided by law. In the event of a violation of any provision or requirement of this Zoning Ordinance, or in the case of an imminent threat of such a violation, the Zoning Administrator, the Law Director, or the owner of any neighboring property who would be especially damaged by such violation, may, in addition to other recourses provided by law, institute mandamus, injunction, abatement, or the appropriate actions to prevent, remove, abate, enjoin, or terminate such violation.
(Ord. 1-15. Passed 2-23-15.)