Germantown City Zoning Code
CHAPTER 1147
Zoning Permit Requirements and Enforcement
1147.01 INTENT.
The intent is to stipulate the procedures to be followed in obtaining permits, and other legal or administrative approvals under this Zoning Code.
(Ord. 00-30. Passed 6-5-2000.)
1147.02 ZONING PERMITS REQUIRED.
No building or other structure shall be erected, moved, added to, or structurally altered; nor shall any building, structure, or land be established or changed in use; nor shall any accessory structure, sign, or swimming pool be installed without a permit issued by the Municipal Manager. Zoning Permits shall be issued only in conformity with the provisions of this Zoning Code unless the Municipal Manager receives a written order from the BZA deciding an appeal, conditional use, or variance, or from Municipal Council, approving a Planned Unit Development District, as provided by this Zoning Code.
(Ord. 00-30. Passed 6-5-2000.)
1147.03 RECOMMENDED CONTENTS OF APPLICATION FOR ZONING PERMITS.
The Application for Zoning Permit shall be made in writing and be signed by the owner or applicant 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 1 year or substantially completed within 2 years. At a minimum, the application shall contain the following information, if applicable to a particular use, and be accompanied by all required fees:
(a) Name, address, and phone number of owner.
(b) Legal description of property or lot number.
(c) Existing use.
(d) Proposed use.
(e) Zoning District.
(f) 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.
(g) Building heights.
(h) Number of off-street parking spaces or loading berths, and their layout.
(i) Location and design of access drives.
(j) Number of dwelling units.
(k) Signage information, if applying for a Zoning Permit for a sign.
(l) If applicable, the approved Conditional Use Permit, or a Temporary Use Permit, or variance.
(m) Such other documentation as may be necessary to determine conformance with, and to provide for the enforcement of this Zoning Code.
(n) Site plan in triplicate to the required contents stated in Section 1147.04 Site Plan Required Contents for any new construction, of any principally or conditionally permitted use, except single-family and two-family dwellings.
(o) Plans showing that the residential unit meets the residential design and appearance standards in Section 1129.16 Residential Design and Appearance Standards.
(p) Detention basin information.
(q) Flood Zone information.
(r) Type of dust-free, hard surface.
(Ord. 00-30. Passed 6-5-2000.)
1147.04 SITE PLAN REQUIRED CONTENTS.
A site plan submission shall contain any and/or all of the following when deemed to be reasonably appropriate by the Municipal Manager:
(a) The accurate dimensions and size of the site area as well as the topography of the site and immediately adjoining lands within 50 feet of the property line at 1- foot intervals.
(b) The locations and dimensions of all existing and proposed streets, courts and pedestrian walkways within and abutting the site, as well as the location, size, and means of ingress and egress of all off-street loading and parking areas. The location and arrangements of the parking areas and access shall also be shown, and the means of defining parking areas and access lanes, via curbs, bumper blocks, railroad ties, or physical obstructions or other methods approved by the Municipal Engineer, shall be illustrated. All proposed signs shall be shown, detailing location, dimensions, height and, where applicable, verbiage.
(c) The location and size of all existing and proposed buildings and structures within the site and on adjoining lands, within 50 feet of the property line, as well as the existing or proposed use of such building or structure, including the number, type, and floor area of commercial uses to be accommodated in each.
(d) A complete utilities plan, providing electric, gas, telephone, cable television, storm sewer, water, and sanitary sewer services, including connections to existing service lines and existing and proposed easements. Such plans shall comply with the Municipality of Germantown Design Criteria and Construction Standards and Drawings.
(e) The location, size, and type of fire hydrants; building plans; fire suppression system plans; Fire Department access areas; and fire lane signage. Such plans shall comply with state and local Building and Fire Codes and shall be approved by the Fire Chief (or authorized representative),
(f) A grading and drainage plan to illustrate proposed grading of the site and methods used to comply with Municipality storm water runoff, erosion, and sediment control specifications found in the Municipality of Germantown Design Criteria and Construction Standards and Drawings.
(g) A landscaping plan showing the location and types of screen planting, buffer areas, manmade screening, and other features, which shall enhance the site.
(h) An exterior lighting plan showing the location of lighting fixtures, their type and output as well as the proposed radius of lighted area for each fixture.
(i) The proposed internal vehicular circulation of access roads shall be delineated and related to connections with public streets. Existing and proposed traffic patterns and volumes and the anticipated effect on existing public streets serving the site shall be provided for the Municipal Engineer's review. Complexes shall provide curb or other types of internal access lane separations for parking spaces to assist in internal circulation and parking area delineation.
(j) The division of the development into sections shall be delineated if staged construction is contemplated, as well as which parking areas and other improvements shall be provided for each stage of development.
(k) Proposed complexes designed for condominium, cooperative, or other multiple ownership arrangements shall indicate proposed individual, joint, or common ownership areas to assure maintenance and operation of common features such as lighting and parking facilities. Any arrangements requiring subdivision approval shall also be subject to the Subdivision Regulations.
(Ord. 00-30. Passed 6-5-2000.)
1147.05 APPROVAL OF ZONING PERMIT.
Within 30 days after the receipt of an application, the Municipal Manager shall either approve or disapprove the application in accordance with the provisions of this Zoning Code. All Zoning Permits shall, however, be conditional upon the commencement of work within l year and completed within 2 years. One copy of the permit shall be returned to the applicant by the Municipal Manager, after the Municipal Manager has marked such copy either as approved or disapproved and attested to same by the Municipal Manager's signature on such copy. One copy of plans, similarly marked, shall be retained by the Municipal Manager. The Municipal Manager 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 provisions of this Zoning Code.
(Ord. 00-30. Passed 6-5-2000.)
1147.06 FAILURE TO OBTAIN A ZONING PERMIT.
Failure to obtain a Zoning Permit shall be a punishable violation of this Zoning Code as defined in Section 1147.13 Penalties and Fines.
(Ord. 00-30. Passed 6-5-2000.)
1147.07 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS, AND PERMIT.
Zoning Permits issued on the basis of plans and applications approved by the Municipal Manager authorize only the use and arrangement, set forth in such approved plans and applications or amendments thereto, and no other use, arrangement, or construction contrary to that authorized shall be deemed a punishable violation of this Zoning Code.
(Ord. 00-30. Passed 6-5-2000.)
1147.08 ENTRY AND INSPECTION OF PROPERTY.
The Municipal Manager 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 Code. Prior to seeking entry to any property or structure for such examination or survey, the Municipal Manager shall attempt to obtain the permission of the owner or occupant to inspect. If such permission is denied or cannot be obtained, the Municipal Manager shall request the assistance of the Law Director in securing a valid search warrant prior to entry.
(Ord. 00-30. Passed 6-5-2000.)
1147.09 STOP WORK ORDER.
Subsequent to his determination that work is being done contrary to this Zoning Code, the Municipal Manager 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 Municipal Manager, shall constitute a punishable violation of this Zoning Code.
(Ord. 00-30. Passed 6-5-2000.)
1147.10 ZONING PERMIT REVOCATION.
The Municipal Manager may issue a revocation notice to revoke a permit or administrative approval which was issued contrary to this Zoning Code or based upon false information or misrepresentation in the application.
(Ord. 00-30. Passed 6-5-2000.)
1147.11 COMPLAINTS REGARDING VIOLATIONS.
Whenever a violation of this Zoning Code 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 Municipal Manager. The Municipal Manager shall record properly such complaint, immediately investigate it, and take action thereon as provided by this Zoning Code.
(Ord. 00-30. Passed 6-5-2000.)
1147.12 NOTICE OF VIOLATION.
(a) Whenever the Municipal Manager or the Officer's agent determines that there is a violation of any provision of this Zoning Code, a warning letter shall be issued and shall serve as a notice of violation. Such order shall:
(1) Identify the violation.
(2) Include a statement of the reason or reasons why it is being issued and refer to the sections of this Zoning Code being violated.
(3) State the time by which the violation shall be corrected.
(b) 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 with a person of suitable age and discretion; or
(2) 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 refused or is unclaimed, then service shall be sent by ordinary mail, and the mailing shall be evidenced by a certificate of mailing which shall be filed by the Municipal Manager. Service shall be deemed complete when the fact of mailing is entered of record.
(Ord. 00-30. Passed 6-5-2000.)
1147.13 PENALTIES AND FINES.
It shall be unlawful to erect, establish, locate, construct, reconstruct, enlarge, change, move, repair, maintain, or structurally alter any building, structure, or land in violation of any provision of this Zoning Code or any amendment thereto. Any person, firm, or corporation who violates this Zoning Code or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $100.00 and in addition shall pay all costs and expenses involved in the case. Each day such violation continues after receipt of a violation notice shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties provided in this Section.
Municipality utilities shall not be provided to any building, structure, or use which is in operation, or which is under construction, or has been constructed, in violation of these regulations.
(Ord. 00-30. Passed 6-5-2000.)
1147.14 ADDITIONAL REMEDIES.
Nothing in this Zoning Code 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 Code, or in the case of an imminent threat of such a violation, the Municipal Manager, the Municipal 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 other appropriate actions to prevent, remove, abate, enjoin, or terminate such violation.
(Ord. 00-30. Passed 6-5-2000.)