Jefferson City Zoning Code
CHAPTER 12
08 ADMINISTRATION
§ 12.08.010 Conformance to code required.
No building or structure shall be erected, reconstructed, structurally altered, enlarged, or moved nor shall any building, structure or land be used or designed to be used for any use other than those permitted in the zone in which such building, structure or land is located, and then only after applying for and securing all permits and licenses required by all laws and codes. Any construction or use of land within the City of Jefferson not in compliance with the provisions of the Development Code; the general Municipal Code; county, State and Federal regulations; and any established conditions of approval, constitutes a violation of the Development Code and may be addressed as provided in Chapter 12.10.
(DC § 1.060; Ord. 612 § 3, 2000; Ord. 643 § 40, 2004)
§ 12.08.020 Interpretation and application.
In interpretation and application, the provisions of the Development Code shall be considered the minimum requirements necessary to accomplish the purposes set forth in the Development Code.
(DC § 21.010; Ord. 643 § 41, 2004)
§ 12.08.030 Planning Commission.
It shall be the duty of the Planning Commission to:
A.
Interpret the provisions of the Development Code in such a way as to carry out their intent and purpose;
B.
Rule on the proper application or interpret the meaning of the Development Code in the event of a dispute.
(DC § 21.020; Ord. 643 § 42, 2004)
§ 12.08.040 Building permits.
No permit for the construction or alteration of any building or part thereof shall be issued unless the development official determines that the plans, specifications, and intended use of such building conform in all respects to the provisions of this code.
(DC § 22.010; Ord. 612 § 4, 2000)
§ 12.08.044 Stop work orders.
When work is being done contrary to the provisions of the Development Code, or contrary to any established conditions of approval, the development official may order the work stopped by notice in writing served on any persons engaged in the work. Any such persons shall immediately stop such work until authorized by the development official to proceed.
(Ord. 612 § 5, 2000; Ord. 643 § 43, 2004)
§ 12.08.048 Certificates of occupancy.
A.
No certificate of occupancy shall be issued by the development official for any development unless all requirements of this code have been met, including any established conditions of approval, or until the applicant has provided financial security acceptable to the development official guaranteeing the completion of all requirements.
B.
Newly constructed buildings and newly placed manufactured structures shall not be occupied until a certificate of occupancy has been issued.
C.
Existing buildings shall not be used for a new category of use different from the previously existing use until a certificate of occupancy is issued. The new use shall be deemed to be a different category of use from the existing use when the new use is listed separately from the existing use on the schedule of permitted uses found in Section 12.12.040(B) and in Section 12.30.030.
(Ord. 612 § 6, 2000; Ord. 633 § 7, 2002; Ord. 642 § 4, 2003)
§ 12.08.050 Acknowledgement and financial guarantee.
Before issuing or renewing a development permit for an applicant who has an obligation to construct improvements shown on the development plan, the reviewing authority may require that the applicant acknowledge the obligation. This acknowledgment shall contain the time within which it is to be met and a surety or performance bond; or cash; or negotiable security deposit; or written verification from an insured lending institution; or other guarantees approved by the council sufficient to cover 110% of the cost of the work as estimated by the City for fulfillment of the obligation as anticipated, unless waived. The guarantee shall be conditioned upon the permittee carrying out the obligation and fulfilling the other requirements of the Development Code that bear on the approval of the development. The guarantee shall be forfeited to the City if the permittee does not fulfill the requirements. The guarantee shall remain in the custody of the City until the obligation is completed, or the guarantee is forfeited.
(DC § 19.010; Ord. 643 § 45, 2004)
§ 12.08.060 Noncompliance with provisions under obligation.
A.
If the council finds that a permittee is not fulfilling an obligation, the council shall, in written notice to the permittee and the permittee's surety, specify the details of noncompliance. Unless the council allows more time for compliance because of circumstances beyond the permittee's control, within 30 days after receiving the notice, the permittee or the permittee's surety shall commence the compliance and proceed diligently to complete fulfillment of the obligation.
B.
If the permittee or the permittee's surety does not commence the compliance within 30 days, or the additional time allowed by the council, or has so commenced but fails diligently to complete the compliance, or the compliance is otherwise not completed within the time specified in granting the development permit, the City may take the following action:
1.
Enter upon the site of the development and carry out the obligation in accordance with the provisions agreed upon under the acknowledgment;
2.
Demand payment from the permittee for the unfulfilled obligation;
3.
If the security for the obligation is a bond, notify the surety that has furnished the bond that reimbursement for the expense for fulfillment of the obligation is due and payable to the City or, if the security is a deposit of cash or other assets, appropriate as much of the deposit as is necessary to recoup the expense.
C.
If the guarantee is not sufficient to compensate the City for expenses necessary to fulfill the obligation, the amount due to the City for the obligation is a lien in favor of the City upon the entire contiguous real property of the owner of the land subject to the obligation.
D.
The lien attaches upon the filing with the City Recorder of notice of the claim for the amount due for the fulfillment of the obligation. The notice shall demand the amount due, allege the insufficiency of the guarantee to compensate the City fully for the expense of the fulfillment of the obligation, and allege the permittee's failure to do the required obligation.
E.
The lien may be foreclosed in the manner prescribed by law for foreclosing other liens on real property.
(DC § 19.020; Ord. 643 § 46, 2004)
§ 12.08.080 Schedule for amending the Development Code and Comprehensive Plan.
The City Council, with the recommendation of the Planning Commission, may adopt a schedule to limit the number of times annually for consideration of proposals for Comprehensive Plan and Development Code amendments. Once a schedule is adopted, if an emergency is declared by a vote of the City Council, amendments may be considered at any time. In determining that an emergency exists, the Council shall adopt findings that the public interest would be best served by considering a Comprehensive Plan or Development Code amendment request.
(DC § 3.060; Ord. 643 § 47, 2004; Ord. 668 § 1, 2010; Ord. 672 § 2, 2011)
§ 12.08.090 [Repealed].
(DC § 3.070; Ord. 643 § 48, 2004; Ord. 672 § 3, 2011)
§ 12.08.100 [Repealed].
(DC § 2.050; Ord. 643 § 49, 2004; Ord. 672 § 4, 2011)
§ 12.08.110 [Repealed].
(DC § 2.060; Ord. 643 § 50, 2004; Ord. 672 § 5, 2011)
§ 12.08.120 [Renumbered to 12.72.145].
(DC § 2.070; Ord. 643 § 51, 2004)
§ 12.08.130 [Repealed].
(DC § 2.080; Ord. 643 § 52, 2004; Ord. 672 § 6, 2011)
§ 12.08.140 [Repealed].
(DC § 2.090; Ord. 643 § 53, 2004; Ord. 672 § 7, 2011)