Overland City Zoning Code
ARTICLE XI
Administration and Enforcement
Section 400.715 Scope of Provisions.
[CC 1976 App. A §11.01; Ord. No. 2449 §1, 11-14-1988]
This Article contains the regulations pertaining to administration and enforcement of the provisions of this Chapter, issuance of permits and certifications, inspection of property, and issuance of stop work, stop use orders, and enforcement of violations of the provisions of this Chapter.
Section 400.720 Director of Public Works. [1]
[CC 1976 App. A §11.02; Ord. No. 2449 §1, 11-14-1988]
A.
This Chapter shall be administered and enforced by the Director of Public Works, who shall have the following duties with respect to this Chapter:
1.
May designate one (1) or more additional members of the department, as well as members of other City departments who have a particular skill or competence, to act for the Director of Public Works or the Zoning Enforcement Officer, and the term "Director of Public Works" or "Zoning Enforcement Officer" as used elsewhere in this Chapter shall be deemed to include such deputies.
2.
Shall approve the building permits. Such approval shall be by approval of the plot plan required by the Overland Building Code, except as otherwise provided by this Chapter.
3.
Shall approve occupancy or other appropriate permits.
4.
May cause the cessation of any erection, construction, reconstruction, alteration, conversion, maintenance or use in violation of this Chapter by issuing a stop work or stop use order.
5.
May adopt such administrative policies as he/she deems necessary to the carrying out of his/her enforcement responsibilities, which policies shall have general applicability to cases of similar character.
6.
Certify whether any lot or parcel of land in Overland lies within or outside of the "FP" Floodplain District.
7.
May determine the actual location of a boundary line between Zoning Districts, where such line does not coincide with a property line or district boundary line. Such determination shall be subject to appeal before the Board of Zoning Adjustment in accordance with Article XVI.
8.
May refer any violation of the Zoning Code to the City Attorney for prosecution or other appropriate action when deemed necessary.
Section 400.725 Permits, Orders and Certifications. [1]
[CC 1976 App. A §11.03 and §§18-13, 18-67; Ord. No. 1003 §2, 5-8-1967; Ord. No. 2449 §1, 11-14-1988; Ord. No. 93-38 §1, 8-9-1993; Ord. No. 2003-61 §1, 9-23-2003]
A.
Building Permits.
1.
It shall be unlawful to commence or to proceed with the erection, construction, major reconstruction, conversion, alteration, enlargement, extension, razing, or moving of any building or structure or any portion thereof without first having applied in writing to the Director of Public Works for a building permit to do so and a building permit has been granted therefor. However, this requirement shall not be interpreted as including normal maintenance or minor repair of existing structures. Primary responsibility for securing the necessary permits shall be the property owner's.
2.
However, if the property owner enters into a contract for all or a portion of the proposed work, the contractor shall have primary responsibility to ensure that all required permits and approvals have been secured prior to any work being initiated, except that the property owner of any multi-family, commercial or industrial property shall have secondary responsibility to ensure such compliance.
3.
Blank forms shall be provided by the Director of Public Works for the use of those applying for permits as provided in this Section. Any permits issued by the Director of Public Works shall be on standard forms for such purpose. There shall be a separate permit for each building or structure to be constructed, altered, or erected except for accessory buildings which may be included in the permit for the principal building when construction is simultaneous. Following issuance of the required permit, the applicant's copy shall be prominently posted at the site of the proposed work in the public view.
4.
Any building permit under which no construction work has been commenced within six (6) months after the date of issuance of said permit or under which proposed construction has not been completed within one (1) year of the time of issuance shall expire by limitation.
B.
Voiding Of Building Permit. A permit may be revoked by the Director of Public Works at any time prior to the completion of the building or structure for which the same was issued, when it shall appear to him/her that there is departure from the plans, specifications, or conditions as required under terms of the permit, that the same was procured by false representations, or that any provisions of this Chapter are being violated. Written notice of such revocation shall be served upon the owner, his/her agent, or contractor, or upon any person employed on the building or structure for which such permit was issued, via a stop work order, which shall be posted in a prominent location, and thereafter no such construction shall proceed.
C.
Occupancy Permits.
1.
No building or structure or part thereof shall hereafter be constructed or altered until issuance of a proper permit. No new use, extension or alteration of an existing use, or conversion from one (1) use to another, shall be allowed in any building, structure or land or part thereof until issuance of a proper permit; except that no permit shall be required for the raising of agricultural crops, orchards or forestry. No occupancy permit shall be issued for any use or change in use unless such use or change in use is in conformity with the provisions of this Chapter.
2.
Failure to advise of change in occupancy of rental units. The owner of any rental property within the City shall supply to the City Clerk the name of any new tenant and the address of the rental unit so occupied within thirty (30) days following the change of occupancy of any rental unit within the City. Failure to comply with the provisions of this Section shall constitute an offense.
D.
Temporary Certificates Of Occupancy.
1.
Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the Director of Public Works for a period not exceeding six (6) months during completion of alterations not deemed to endanger health and safety, or for partial occupancy of a building pending its completion.
2.
As a condition to the approval of the temporary occupancy permit, the Director of Public Works shall require a deposit by the applicant with the City Clerk in the form of cash, certified check, or surety bond acceptable to the City to insure completion of any remaining improvements necessary to achieve final occupancy. The deposit shall be in an amount sufficient to insure completion of the improvements within the period specified upon the permit and as established by the Director of Public Works. The Clerk may rebate to the applicant, as the work progresses, amounts equal to the ratio of the work completed to the entire improvements required, upon authorization by the Director of Public Works. Upon receipt of the final occupancy permit, the applicant may submit his/her copy to the City Clerk, who may then release any remaining amounts of the applicant's security.
E.
Certificate Of Occupancy For Land. A certificate of occupancy for the use of vacant land or the change in the character of the use of land as herein provided shall be applied for before any such land shall be occupied or used, and a certificate of occupancy shall be issued within three (3) days after the application has been made, provided such use is in conformity with the provisions of these regulations.
F.
Certificate Of Occupancy Contents, Records. The certificate of occupancy shall state that the building or proposed use of a building or land complies with all the building and health laws and ordinances and with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the Building Commissioner, and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building affected. No fee shall be charged for copies of the certificate of occupancy.
G.
Grading Permit. It shall be unlawful for any person to clear, grade, excavate, fill, remove topsoil from, or change the contour of any land within the City unless a plan for such work has been submitted to the Director of Public Works for review and approval, and a permit therefor has been issued. The following exceptions to this requirement shall apply:
1.
Any reconstruction, repair, or alteration of any existing building, or structure, when no land, trees, shrubs, grass, or other vegetation is to be disturbed, destroyed, or removed.
2.
The planting, trimming, pruning, or removal of trees, shrubs, grass, weeds, vegetation, ground cover, or other plant material in accordance with the landscape element of an approved site plan in accordance with Article IX, or when such actions are incidental to, and part of, the normal maintenance of land and property in the City of Overland.
H.
Voiding Of Occupancy Permit. Any occupancy permit granted under this Chapter shall become null and void unless construction and/or use is commenced within one hundred eighty (180) days and construction completed within three hundred sixty (360) days of the date of issuance.
I.
Stop Work Orders. The cessation of any erection, construction, reconstruction, alteration, conversion, maintenance or use in violation of this Chapter may be effected by posting a stop work or stop use notice on the premises or by notice in writing to the owner of the property involved or his/her agents or to the person doing the work, in the case of a stop work order, stating the nature of the violation.
J.
Floodplain Certification. Applications for floodplain certification shall be upon the form designated by the Director of Public Works, and shall include the locator number of the parcel of land for which certification is sought.
K.
Compliance With Permits And Certificates. Permits or certificates issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Chapter, and punishable as provided by Article XIII herein.
L.
Additional Studies And Legal Technical Review. The Council or Director of Public Works may require applicants to submit any technical studies that the City deems necessary to enable the appropriate person or entity to fully evaluate the application. Examples of technical studies that may be required shall include, but not be limited to, traffic studies, engineering studies, geologic or hydrogeologic studies, flood studies, environmental impact assessments, noise studies, or surface water management/drainage studies. The persons or firms preparing the studies shall be approved by the City Engineer. The costs of all studies shall be borne by the applicant.
M.
Conditional Use Permit — Special Use Permit — Intentional Violation Of Terms And Conditions. It shall be unlawful for any person who occupies any premises or conducts a business pursuant to the issuance of a special use permit or conditional use permit issued pursuant to the provisions of the Code of Regulations of the City of Overland to intentionally violate any of the terms or conditions set forth in said special use permit or conditional use permit. Any person found guilty of intentionally violating the terms or conditions of said special use permit or conditional use permit shall be guilty of an ordinance violation and subject to the fines and penalties and court costs set forth in this Chapter.
Section 400.730 Entry and Inspection of Land and Buildings.
[CC 1976 App. A §11.04; Ord. No. 2449 §1, 11-14-1988]
A.
The Planning and Zoning Commission or its authorized representatives are hereby empowered, to the fullest extent of the law, in the performance of their functions, to enter upon any land in Overland for the purpose of making inspection, examinations, and surveys, or to place and maintain thereon monuments, markers, notices, signs, or placards in order to effect the provisions of this Chapter. The above authorized person(s) shall be required to present proper credentials upon demand when entering upon any land or structure for the purpose of this Chapter.
B.
The Director of Public Works is authorized to inspect or cause to be inspected any building or other structure or any land on which work is in progress.
Section 400.735 Fees, Charges and Expenses.
[CC 1976 App. A §11.05; Ord. No. 2449 §1, 11-14-1988]
A.
The City Council shall establish a schedule of fees, charges, and expenses, and a collection procedure for building permits, certificates, appeals, and other matters pertaining to this Chapter. The schedule of fees shall be posted in the office of the Director of Public Works and may be altered or amended only by the City Council. No permit, certificate, conditional use, approval or variance shall be issued unless or until such costs, charges, fees or expenses listed in this Chapter have been paid in full, nor shall any action be taken on proceedings before the City Council, unless or until fees have been paid in full.
B.
In addition to payment of applicable filing fees, each application for a rezoning, conditional use permit, planned development plan, or site plan shall, if deemed appropriate or necessary by the Director, shall also be submitted by the City for review by its consultants for planning, engineering, legal or other applicable review to determine conformance of such applications with City ordinances or other requirements. To the extent the City incurs actual costs from such review due to use of consultants, the applicant shall bear such reasonable costs. Unless other studies or additional review are contemplated, or unless such consultant review is waived by the Director, the applicant shall submit payment at the time of application of two thousand dollars ($2,000.00) to cover such expenses, unless such other amount as is reasonably estimated by the Director as required for review of the submission. In the event actual reasonable costs are or are expected to be in excess of this payment, the Director shall inform applicant of such costs and applicant shall provide payment. Any funds not used by the City for review purposes shall be refunded to the applicant. Payment for review services shall be paid by the applicant prior to formal review or processing by the City.