A Zoning Administrator shall be appointed by the City Manager. The Zoning Administrator shall administer and enforce these regulations, except for those duties specifically assigned to the Clerk.

A.

DUTIES OF THE ZONING ADMINISTRATOR. (See Section 902 for Enforcement and Liability)

1.

Interpret the zoning regulations, which shall be in writing and filed in an official record of interpretations, including for uses not specifically listed in the zoning regulations, determine the appropriate district or districts in which the use is permitted by right and/or by special use.

2.

Approve and issue all zoning permits and occupancy certificates and make and maintain records thereof.

3.

Conduct inspections of structures and uses of land to determine compliance with the provisions of these regulations.

4.

Maintain a set of administrative forms to assist applicants and to process zoning cases considered by the Planning Commission, Board of Zoning Appeals and Governing Body.

5.

Receive, file and forward to the Planning Commission applications and records for all amendments and special uses which are initially filed with the Zoning Administrator.

6.

Receive, file and forward to the Board of Zoning Appeals applications and records for all variances and exceptions which are initially filed with the Zoning Administrator and forward all records of appeals to the Board upon request of the Board's Secretary.

7.

Maintain permanent and current records of the City's zoning regulations, including but not limited to the City's zoning map(s), amendments, special uses, appeals, variances, exceptions and applications thereof and records of hearings thereon.

8.

Provide such technical and clerical assistance as may be required by the Planning Commission, the Board of Zoning Appeals, the Governing Body, and other agencies and officials in the exercise of their duties relating to these regulations.

9.

Maintain for distribution to the public a supply of the current zoning regulations, the zoning map(s) and any rules of the Planning Commission and Board of Zoning Appeals. A fee may be charged to defray the cost of printing and distribution as established by resolution of the Governing Body of the City.

10.

Maintain the City's official copy of the zoning map(s) showing the district boundaries. Such map(s) shall be marked "Official copy of zoning district map(s) incorporated into zoning regulations by adoption of Ordinance No. ___ by the Governing Body of the City of Derby on the 23rd day of November 2021" and shall be open to inspection and available to the public at all reasonable business hours. Each map shall be signed by the Mayor and attested to by the Clerk. Periodic changes to the map(s) shall be noted by the revision date.

B.

DUTIES OF THE CLERK. The Clerk shall maintain certain official model records and carry out certain responsibilities in the administration of these regulations as follows:

1.

Maintain the official copy of these regulations and mark the same as "Official Copy as Incorporated by Ordinance No. ___ (i.e., the ordinance approved by the Governing Body), with all sections or portions thereof intended to be omitted clearly marked to show any such omissions and all articles, sections or portions that are incorporated clearly identified with a copy of the incorporating ordinance attached thereto. Such copies shall be open to inspection and available to the public at all reasonable business hours.

2.

Supply the Zoning Administrator, police department, municipal court and all other administrative departments of the City charged with enforcement of these regulations with official copies similarly marked as described in Section 900.B.1., as well as any amendments to these regulations which shall be appended to these copies.

3.

Provide the Governing Body with clerical assistance that facilitates and records the actions of the Governing Body in the exercise of their duties relating to these regulations.

A.

Zoning Permits

1.

A zoning permit issued by the Zoning Administrator is required prior to the construction, reconstruction, moving or structural alteration of any building or structure or the improvement of land within the City of Derby, Kansas. Such permits shall not be issued by any other official, employee, department, board or agency of the City. Any zoning permit issued in conflict with the provisions of these regulations shall be null and void.

2.

Zoning permits must meet the requirements of the City's Subdivision Regulations except in circumstances concerning the continuation of an existing use or occupancy, accessory structures or uses, or additions to existing structures or uses. The City will not issue permits on land which is not shown on a recorded plat, replat, lot split or exempted from the platting requirements of the City of Derby, Kansas. If platting is not required, all of the public improvements necessary to carry out the requested permit may nevertheless be required, including dedication in lieu of platting for easements and additional right-of-way.

a.

Except as otherwise provided in this subsection, no principal or accessory building or structure shall be located on, within, or project over any platted or dedicated public or other utility easement and/or known utility improvement or installation.

b.

An accessory structure that is movable or will not, in the judgment of the Zoning Administrator, significantly obstruct a public or utility easement or effect the maintenance, repair, replacement or reconstruction of a public or utility improvement or installation located within any such easement, including any authorized future use thereof, may be located within or project over such utility easement, improvement or installation; provided that the owner thereof shall post and continuously maintain in a conspicuous place upon such building or structure the following notice:
"This structure is located within a public utility easement. Neither the City of Derby nor any utility company entitled to use this easement is liable for damage to or destruction of this structure as a result of maintenance, repair or replacement activities, or installation of new facilities, within this easement."

3.

A zoning permit is not required for grading and/or excavating a proposed construction site, provided; however, that floodplain permits are required to be obtained from the Floodplain Administrator in accordance with Chapter 17.08 of the Derby Municipal Code for properties within the FP "Floodplain District."

4.

Application. Every application for a zoning permit shall be accompanied by the following:

a.

A drawing or copy of the plat of the piece or parcel of land, lot(s), or block(s), or parts or portions thereof, drawn to scale showing the actual dimensions of the zoning lot(s), including any easements thereon.

b.

A drawing drawn to scale and in such form as may, from time to time, be prescribed by the Zoning Administrator, showing the location, ground area, height, and bulk of (1) all present and proposed structures, (2) drives and parking spaces, and loading areas, (3) building setback lines in relation to lot lines, (4) waste disposal areas, (5) the use to be made of such present and proposed structures on the land, and (6) such other information as may be required by the Zoning Administrator for the proper enforcement of these regulations.
One copy of such drawings shall be retained by the Zoning Administrator as a public record.

5.

Issuance. A zoning permit shall be either issued or disapproved by the Zoning Administrator within 10 days after the receipt of an application therefore by the Zoning Administrator or within such further period as may be agreed to by the applicant. When the Zoning Administrator refuses to issue a zoning permit, he shall advise the applicant in writing of the reasons for the disapproval.

6.

Period of Validity. A zoning permit shall become null and void 60 days after the date on which it is issued, unless within said period construction, reconstruction, moving, or structural alteration of a structure is commenced or a use is commenced. An application for an extension of time to continue the project is required when the construction or work is abandoned or suspended for any 120-day period after such permit is issued. The Zoning Administrator may grant reasonable extensions of time provided no changes have been made in any applicable regulations. In the event changes have occurred, application must be made for a new permit based on the provisions of the new or amended regulations in order to continue the project, unless Section 200.G applies pertaining to vesting of residential developments. [See Section 200.F for Effect of Existing Permits].

B.

Occupancy Certificates. No structure or addition thereto constructed, reconstructed, moved or altered after the effective date of these regulations shall be occupied or used for any purpose; no land vacant on the effective date of these regulations shall be used for any purpose; and no use of any land or structure shall be changed to any other use, unless an occupancy certificate shall first have been obtained from the Zoning Administrator certifying that the proposed use or occupancy complies with all the provisions of these regulations.

1.

Application. Every application for a zoning permit shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new or changed use of land or structure where no zoning permit is required shall be filed with the Zoning Administrator. Applications shall be in the form and contain all the information requested by the Zoning Administrator.

2.

Issuance.

a.

No occupancy certificate shall be issued for a structure or addition thereto constructed, reconstructed, moved, or structurally altered after the effective date of these regulations until such work has been completed and the premises inspected and certified by the Zoning Administrator to be in full and complete compliance with the plans and specifications upon which the Zoning permit was issued.

b.

Prior to issuance of a permanent occupancy certificate, a temporary occupancy certificate authorizing temporary and/or partial occupancy of the premises may be issued for a period not to exceed six months pending completion of any permitted addition and/or improvements to the property/structure; provided, satisfactory guarantees are submitted including the possible use of performance bonds and/or escrow accounts.

c.

An occupancy certificate will be issued or written notice will be given to the applicant stating the reasons why a certificate cannot be issued within 10 days after the Zoning Administrator's receipt of an application therefore or within 14 days after the Zoning Administrator is notified in writing by the City's inspector that the structures or premises are ready for occupancy.

A.

The Zoning Administrator, in consultation with the City Attorney, shall have the authority to enforce the provisions of these regulations in the following manner:

1.

To refuse to issue any zoning permit or occupancy certificate for any building structure or use of any premises which would violate any of the provisions of these regulations.

2.

To revoke a zoning permit and issue a stop order at any time for a building, structure or use for which the same was issued when (1) there is a departure from the plans, specifications or conditions stated within and/or required under terms of the permit; (2) the permit was procured by false representation; (3) the permit was issued by mistake; and/or (4) the permit violates any provisions of the zoning regulations.

3.

To cause any building, structure, place or premises to be inspected and examined as required by these regulations and to order in writing the remedying of any threat or condition found to exist therein that is in violation of any provision of these zoning regulations.

4.

To institute any appropriate action or proceeding to prevent, restrain, correct and/or abate any unlawful action, use or violation of any land, premises and/or structure which is constructed, reconstructed, moved, altered or used in violation of these zoning regulations.

A.

Penalties. Pursuant to K.S.A. 12-761, as amended, any violation of these regulations shall be deemed to be a misdemeanor. The owner or agent of a building, structure or premises in or upon which a violation of any provision of these regulations has been committed or exists; the lessee or tenant of an entire building or entire premises in or upon which a violation has been committed or exists; and/or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building, structure or premises in or upon which a violation has been committed or exists shall be punished by a fine not to exceed $500 or by imprisonment for not more than six months for each offense or by both such fine and imprisonment. Each day's violation shall constitute a separate offense.

B.

Remedies. In the event any building or structure is erected, constructed, reconstructed, structurally altered, converted or maintained; or any building, structure or land is used or is proposed to be used in violation of these regulations, the appropriate authorities of the City of Derby, Kansas, in addition to other remedies available according to law, may institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, use or to correct or abate such structure or land.

An applicant shall pay the Clerk a fee upon filing an application for an amendment, special use, appeal, variance, exception, zoning permit, occupancy certificate, and/or any other permit or approval provided for in these regulations. The required fee shall be established according to a fee schedule approved by the Governing Body of the City of Derby, Kansas. No part of such fee shall thereafter be refunded or waived unless authorized by the City Manager.

The Zoning Administrator shall periodically report verbally or in writing to the Governing Body and the Planning Commission a summary of all zoning permits issued during the preceding period, giving details of any permitted variations, as well as the current status of all applications in process for amendments, special uses, appeals, variances and exceptions. Said report shall include comments on any problems encountered in the administration or enforcement of these regulations which may be important to consider during the annual review established by Section 1105.