Platte City City Zoning Code
ARTICLE XXI
Permits and Fees
Section 405.615 Fees Refundability.
[Zoning Regs. §19.010; Ord. No. 1014 §3, 6-12-1998]
All fees paid when submitting any permit application shall be non-refundable unless some other provision of this Zoning Code expressly provides for their "refundability".
Section 405.620 Permits Required.
[Zoning Regs. §19.020; Ord. No. 1014 §3, 6-12-1998; Ord. No. 1777 §1, 6-25-2014]
For permits required, see Section 500.540.
Section 405.625 Exempt Work.
[Zoning Regs. §19.030; Ord. No. 1014 §3, 6-12-1998; Ord. No. 1778 §2, 6-25-2014]
For exempt work, see Section 500.550.
Section 405.630 Permit Procedure For Building, Change of Use or Grading Permits.
[Zoning Regs. §19.040; Ord. No. 738 §§1 — 3, 6-15-1994; Ord. No. 769 §5, 10-27-1994; Ord. No. 1014 §3, 6-12-1998]
A.
An application for a permit shall be obtained from the City Clerk.
B.
The completed permit application with all the necessary attachments along with the site development plan, if necessary, shall be submitted to the zoning enforcement person who shall perform the following functions:
1.
Examine all applications for permits along with the plans, specifications and documents filed therewith to make sure that they comply with the provisions of this Chapter.
2.
At his/her discretion the zoning enforcement person may send a copy of the necessary plans, specifications and documents to the Director of Public Safety, Fire Marshal or City Engineer requesting their comments and recommendations regarding the application.
3.
Once the zoning enforcement person has determined that all the necessary applications, plans, specifications and any other documents have been filed in accordance with this Chapter and has reviewed all pertinent applications for permits, plans, specifications and documents and has obtained all the necessary recommendations from the above departments, then the application shall be in adequate order for consideration by the zoning enforcement person or for presentation to the Planning Commission.
4.
For all applications to be presented to the Planning Commission, the zoning enforcement person shall, upon presentation of the application and all necessary plans, specifications and documents, provide the Planning Commission with his/her factual analysis of the status of the application and his/her determination whether the application, plans, specifications and documents filed comply with the present zoning order.
C.
All "A-1", "R1-40", "R1-16", "R1-8", "R-2" and any "R-3", "R-4", "C-1", "C-2", "C-3", "M-1" and "M-2" building and grading permits of a value less than one hundred thousand dollars ($100,000.00) shall be processed as follows:
1.
Upon receiving any permit application for the "A-1", "R1-40", "R1-16", "R1-8" or "R-2" district which involves construction, erection, enlargement, alteration, repair, moving, improving, removing, converting or demolishing a building or grading, the zoning enforcement person shall examine the application and the plans, specifications and documents filed therewith.
2.
Consideration shall be given to applications for permits which involve land within two hundred (200) feet of the district boundary borders. In evaluating these building permits, the zoning enforcement person shall consider whether the proposed building will buffer the adjacent district from dust, litter, light, glare, noise, odor, water runoff, undue traffic problems and safety or health hazards. In addition, the visual character shall receive critical review with emphasis on screening and landscaping.
3.
The zoning enforcement person shall approve or disapprove the above stated applications for a building permit within ninety (90) days from the date it is submitted to the zoning enforcement person.
4.
The zoning enforcement person shall have discretion to approve or deny permits based upon those standards set forth in Subsection (E).
5.
Any permit not approved by the zoning enforcement person within ninety (90) days from the date it is submitted to the zoning enforcement person shall be deemed rejected.
D.
Planning And Zoning Commission Only. All "R-3", "R-4", "C-1", "C-2", "M-1" and "M-2" building or grading permits of a value greater than one hundred thousand dollars ($100,000.00) shall be processed as follows:
1.
Upon receiving any permit application for the "R-3", "R-4", "C-1", "C-2", "M-1" and "M-2" district which involves construction, erection, enlargement, alteration, repair, moving, improving, removing, converting or demolishing a building or grading, the zoning enforcement person shall examine the application and the plans, specifications and documents filed therewith.
2.
Consideration shall be given to applications for permits which involve land within two hundred (200) feet of the district boundary borders. In evaluating these building permits, the zoning enforcement person shall consider whether the proposed building will buffer the adjacent district from dust, litter, light, glare, noise, odor, water runoff, undue traffic problems and safety or health hazards. In addition, the visual character shall receive critical review with emphasis on screening and landscaping.
3.
The Planning Commission shall approve or disapprove the above stated applications for a building permit within ninety (90) days from the date it is submitted to the Planning Commission.
4.
The Planning Commission shall have discretion to approve or deny permits based upon those standards set forth in Subsection (E).
5.
Any permit not approved by the Planning Commission within ninety (90) days from the date it is submitted to the Planning Commission shall be deemed rejected.
6.
The Planning Commission shall have the authority to refer any permit application it is considering to the Board of Aldermen and if such permit is referred to the Board of Aldermen, the Board of Aldermen shall process the same in accordance with the provisions of this Code for the processing of permits by the Planning Commission. Any permit which is referred to the Board of Aldermen and is not approved by the Board of Aldermen within ninety (90) days from the date it is submitted shall be deemed rejected.
E.
The zoning enforcement person and the Planning Commission shall have discretion to approve or deny permits based upon:
1.
The specific requirements set forth within the district where the building is to be located;
2.
The obtaining of all necessary permits as set forth throughout the Platte City Zoning Code;
3.
Compliance with the Building Code, Plumbing Code, Mechanical Code, Electrical Code and any other code hereafter adopted by the City of Platte City, Missouri;
4.
The design, location and proposed operation as the same relates to the public health, safety and welfare;
5.
Any adverse effect upon property values of land and properties surrounding the same, whether or not immediately adjoining, when devoted to the proposed uses;
6.
Compliance with all other existing building and zoning regulations and ordinances of the City of Platte City, Missouri.
F.
One (1) set of such approved plans and specifications shall be retained in the files of the City Clerk and the other set shall be attached to the application, together with the building permit and shall be kept at the building site and open to inspection by the zoning enforcement person or his/her authorized representative at all times.
G.
If the application, together with plans, specifications and other documents filed therewith, describe proposed work which does not conform to all of the requirements of the applicable building regulations, the zoning enforcement person shall disapprove the same and shall return the plans and specifications to the applicant.
H.
Every building permit shall expire by limitation at the end of six (6) months from the date of issuance.
I.
If construction is not completed within said six (6) month period, an "Application for Building Permit Extension or Renewal" shall be obtained from the City Clerk. The application plus all necessary attachments shall be returned to the zoning enforcement person. The zoning enforcement person may, for good cause shown, extend the permit for a period not to exceed six (6) months and any further extension shall be applied for to the zoning enforcement person which upon due cause being shown may grant further extension.
J.
Construction must begin within ninety (90) days after the issuance of a building permit by substantial construction activity or said building permit shall lapse.
K.
Change Of Use Permits. Change of use permit applications for any district shall be processed as follows:
1.
Upon receiving any application for a change of use in any district, the zoning enforcement person shall examine the application and the plans, specifications and documents filed therewith.
2.
The zoning enforcement person shall approve or disapprove the change of use permit within ninety (90) days from the date it is submitted to the zoning enforcement person.
3.
The zoning enforcement person shall have discretion to approve or deny an application for a change of use permit based upon those standards set forth in Subsection (E).
4.
Any change of use permit not approved by the zoning enforcement person within ninety (90) days from the date it is submitted shall be deemed rejected.
Section 405.640 Permits Required.
[Zoning Regs. §19.060; Ord. No. 1014 §3, 6-12-1998]
A.
Grading Permits Required. No person shall do any grading without first obtaining a grading permit from the zoning enforcement person after following the procedures set forth in Section 405.630. A separate permit shall be required for each site.
B.
Grading Definition. "Grading" is defined to be the change in elevation of twelve (12) inches or more within one (1) calendar year. Except that within the floodway or floodway fringe areas, any change in elevation which costs in excess of five hundred dollars ($500.00) shall require a grading permit.
C.
Fees. The fee for said permit shall be two percent (2%) of estimated cost.
D.
Bond. Every applicant shall be required to state the location of the fill material being used to fill the excavated site. If the location of the fill material requires the applicant to haul the fill material over the City streets of Platte City, Missouri, then the applicant shall post a bond to cover any damages to the City streets as a result of the hauling process. The amount of the bond shall be determined at the discretion of the Board of Aldermen.
E.
Fills.
1.
General. Unless otherwise recommended in the approved soils engineering report, fills shall conform to the provisions of this Section. In the absence of an approved soils engineering report, these provisions may be waived for minor fills not intended to support structures.
2.
Fill location. Fill slopes shall not be constructed on natural slopes steeper than two (2) to one (1).
3.
Preparation of ground. The ground surface shall be prepared to receive fill by removing vegetation, non-complying fill, topsoil and other unsuitable materials scarifying to provide a bond with the new fill and, where slopes are steeper than five (5) to one (1) and the height is greater than five (5) feet, by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than five (5) to one (1) shall be at least ten (10) feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. When fill is to be placed over a cut, the bench under the toe of fill shall be at least ten (10) feet wide but the cut shall be made before placing the fill and acceptance by the soils engineer or engineering geologist or both as a suitable foundation for fill.
4.
Fill material. Detrimental amount of organic material shall not be permitted in fills. Except as permitted by the Building Official, no rock or similar irreducible material with a maximum dimension greater than twenty-four (24) inches shall be buried or placed in fills.
Exception: The Building Official may permit placement of larger rock when the soils engineer properly devises a method of placement, continuously inspects its placement and approves the fill stability. The following conditions shall also apply:
a.
Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan.
b.
Rock sizes greater than twenty-four (24) inches in maximum dimension shall be four (4) feet or more below proposed finished grade, measured vertically.
c.
Rocks shall be placed so as to assure filling of all voids with fines.
5.
Compaction. All fills shall be compacted to a minimum of ninety percent (90%) of maximum density as determined by U.B.C. Standard No. 70-1. In-place density shall be determined in accordance with U.B.C. Standard 70-2, 70-3, 70-4 or 70-5.
6.
Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than three (3) horizontal to one (1) vertical.
7.
Drainage and terracing. Drainage and terracing shall be provided and the area above fill slopes and the surfaces of terraces shall be graded and paved as required by applicable Building Codes.
F.
Steep slopes (topography having an incline in excess of fifteen percent (15%)) will not normally be permitted to be used for development. However, on review, the Planning Commission may permit limited development if a conditional use permit is obtained by the proper procedures set forth in Article XXII.
Section 405.645 Completion Date/Grading Permit.
[Zoning Regs. §19.070; Ord. No. 1014 §3, 6-12-1998]
All grading and filling must be completed within one hundred eighty (180) days of the date of the issuance of the grading permit.
Section 405.650 Plans and Specifications/Grading Permit.
[Zoning Regs. §19.080; Ord. No. 1014 §3, 6-12-1998]
When required by the zoning enforcement person, each application for a grading permit shall be accompanied by two (2) sets of plans and specifications and supporting data consisting of a soils engineering report and engineering geology report. The plans and specifications shall be prepared and signed by a civil engineer when required by the zoning enforcement person.
Section 405.655 Information On Plans and in Specifications/Grading Permit.
[Zoning Regs. §19.090; Ord. No. 1014 §3, 6-12-1998]
A.
Plans shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this Code and all relevant laws, ordinances, rules and regulations. The first (1st) sheet of each set of plans shall give the location of the work and the name and address of the owner and the person by whom they were prepared. The plans shall include the following information:
1.
General vicinity of the proposed site.
2.
Property limits and accurate contours of existing ground and details of terrain and area drainage.
3.
Limiting dimensions, elevations or finish contours to be achieved by the grading and proposed drainage channels and related construction.
4.
Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work together with a map showing the drainage area and the estimated runoff of the area served by any drains.
5.
Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within fifteen (15) feet of the property or which may be affected by the proposed grading operations.
6.
Specifications shall contain information covering construction and materials requirements.
Section 405.660 Soils Engineering Report/Grading Permit.
[Zoning Regs. §19.100; Ord. No. 1014 §3, 6-12-1998]
A.
The soils engineering report required by Section 405.650 shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, including buttress fills, when necessary, and opinions and recommendations covering adequacy of sites to be developed by the proposed grading, including the stability of slopes.
B.
Recommendations included in the report and approved by the zoning enforcement person shall be incorporated in the grading plans or specifications.
Section 405.665 Engineering Geology Report/Grading Permit.
[Zoning Regs. §19.110; Ord. No. 1014 §3, 6-12-1998]
A.
The engineering geology report required by Section 405.650 shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading.
B.
Recommendations included in the report and approved by the zoning enforcement person shall be incorporated in the grading plans or specifications.
Section 405.670 Issuance/Grading Permit.
[Zoning Regs. §19.120; Ord. No. 1014 §3, 6-12-1998]
The zoning enforcement person may require that grading operations and project designs be modified if delays occur which incur weather-generated problems not considered at the time the permit was issued.
Section 405.675 Penalties.
[Zoning Regs. §19.125; Ord. No. 1014 §3, 6-12-1998; Ord. No. 1454 §10(19.125), 1-11-2006]
Any persons commencing work before permit issuance on a building, structure, plumbing, electrical, gas, mechanical systems or grading work before obtaining the necessary permits shall be subject to a penalty of five hundred dollars ($500.00) that shall be in addition of the required building permit fees.
Section 405.680 Application and Affidavit For Certificate of Occupancy.
[Zoning Regs. §19.130; Ord. No. 1014 §3, 6-12-1998]
A.
The owner or his/her agent shall make application for a certificate of occupancy as follows:
1.
Certificate of occupancy for a building. A certificate of occupancy for a new building or the alteration of an existing building shall be applied for in writing coincident with the application for a building permit and shall be issued within ten (10) days after the erection or alteration of such building or part thereof shall have been completed in conformity with the provisions of these regulations.
2.
Certificate of occupancy for land. Certificate of occupancy for the use of vacate 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 ten (10) days after the application has been made, provided such use is in conformity with the provisions of this regulation.
3.
Certificate of occupancy for non-conforming use. A certificate of occupancy shall be required for all non-conforming uses. Application for certificate of occupancy for non-conforming uses shall be filed within twelve (12) months from the effective date of this Chapter, accompanied by affidavits of proof that such non-conforming use was not established in violation of this Chapter.
B.
Before the issuance of a certificate of occupancy, there shall be filed with the City Clerk an affidavit by the owner or his/her authorized agent.
C.
This affidavit shall state that the deponent has examined the approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans and as erected complies with this Chapter and the law governing building construction, including all subdivision regulations and the requirements of any approved subdivision, plat or site plan except insofar as variations therefrom have been legally authorized.
D.
Such variations shall be specified in the affidavit.
E.
Upon full compliance with this Section, the zoning enforcement person shall issue the certificate of occupancy.
Section 405.685 Parking/Certificate of Occupancy.
[Zoning Regs. §19.140; Ord. No. 1014 §3, 6-12-1998]
Before a certificate of occupancy is issued and a new use or change in use of an existing building or structure, all parking requirements as specified elsewhere in this Chapter shall be met.
Section 405.690 Temporary Certificate of Occupancy.
[Zoning Regs. §19.150; Ord. No. 1014 §3, 6-12-1998]
A.
Upon request, the zoning enforcement person may issue a temporary certificate of occupancy for a period not to exceed ninety (90) days, for a building or structure or part thereof, before the entire work covered by the building permit shall have been completed, provided such portion or portions as has been completed may be occupied safely without endangering life or the public welfare.
B.
The zoning enforcement person shall require cash or a performance bond from the owner or holder of the building permit of a surety company licensed to do business in the State of Missouri, which bond shall run to the benefit of the City for a term not exceeding ninety (90) days.
C.
The zoning enforcement person shall determine the penal sum of the bond or cash in such amount as sufficient to cover the cost to complete the work uncompleted.
Section 405.695 Termination/Certificate of Occupancy.
[Zoning Regs. §19.160; Ord. No. 1014 §3, 6-12-1998]
A.
A certificate of occupancy shall be deemed to authorize, and is required for, both initial and continued occupancy and use of the building or land to which it applies and shall continue in effect so long as such building or land is used for a use authorized in the certificate of occupancy.
B.
If terms of such certificate of occupancy are violated by the holder thereof, the zoning enforcement person may, by service of notice of violation, terminate such certificate of occupancy, which order of termination is, however, subject to review by the Board of Zoning Adjustment.
C.
The person or organization who has had their certificate of occupancy terminated as specified above may take an appeal to the Board of Aldermen not more than three (3) months after service of the termination order.
Section 405.700 Wrecking, Demolishing or Razing of Buildings or Other Structures.
[Zoning Regs. §19.170; Ord. No. 1014 §3, 6-12-1998]
A.
No person, firm or corporation shall wreck, demolish or raze a building or other structure within the corporate limits of the City of Platte City without first obtaining a permit therefor from the zoning enforcement person. Such permits shall be issued only to a bonded person, firm or corporation as hereinafter provided, except that a permit may be issued to the owner of record of land who desires to wreck, demolish or raze any building thereon, provided that if such building shall be more than two (2) stories high, such owner shall be required to give bond to the City of Platte City as hereinafter provided and required from persons, firms or corporations engaged in the business of wrecking, demolishing or razing buildings.
B.
All applications for permits to wreck, demolish or raze a building or other structure shall be made to the zoning enforcement person and every such application shall state the location of the building or structure to be wrecked, demolished or razed, its length, width, height and the principal materials of its construction, the length of time it will require to wreck, demolish or raze the said building or structure and showing the ownership and location thereof and the proof of permission of the owner to demolish. If such application complies with the terms and provisions of this Section, then the zoning enforcement person shall issue such permits; provided however, that such permit shall expire by limitation two (2) months from the date of issue.
C.
Every person, firm or corporation shall annually before engaging in the business of wrecking, demolishing or razing of buildings or other structures obtain a license thereof from the zoning enforcement person and no such license shall be granted or issued until the party applying thereof shall have given bond to the City of Platte City in the sum of five thousand dollars ($5,000.00) with good and sufficient sureties to be approved by the City Attorney or Acting City Attorney, conditioned among other things that said person, firm or corporation will pay any and all damages which may be caused to any property, public or private, within the City of Platte City and any and all claims for personal injury or death of, when such injure to or death of or damage is caused or inflicted by such person, firm or corporation or their agents, servants, employees, contractors or subcontractors and such bond shall be further conditioned that the City of Platte City shall be saved harmless from all cost, loss or expense arising out of the carrying on of such business and that the person, firm or corporation shall comply with the terms and provisions of this Section. In lieu of such bond, the zoning enforcement person may accept a certificate of insurance with approved coverage. Upon the giving of such bond or furnishing of such certificate of insurance coverage and the approval of the form and amount thereof by the City Treasurer and the City Attorney or Acting City Attorney and the payment of the fee as hereinafter provided, such license shall be issued to the applicant thereof.
D.
Notice stating the date upon which work is to begin shall be given to the zoning enforcement person at least twenty-four (24) hours before beginning the work of wrecking, demolishing or razing any building or structure.
E.
In the wrecking, demolishing or razing of any building or structure, the work shall begin at the top thereof and each story thereof shall be completely razed or demolished and the material therefrom completely removed from such building or structure before beginning work on the next lower story.
F.
No material shall be placed upon the floor of any building or structure in the course of wrecking, demolishing or razing and all material shall be lowered to the ground immediately upon displacement.
G.
All material to be removed shall be wet sufficiently to lay the dust incidental to its removal.
H.
When any building or structure over forty (40) feet in height is being wrecked, demolished or razed, a shed covering shall be provided adjacent to such building from the full frontage of such building on the street and over the area from the building line to the curb line; provided however, that no shed shall be required when such building or structure is ten (10) feet or more back of the building line. Such shed shall have a clearance inside not less than seven (7) feet in height and shall be kept properly lighted at night.
I.
Wherever excavations are not completely filled and are within ten (10) feet of public sidewalks or alleys, substantial barricades or fences shall be provided for the safety of the public.
J.
Basements or excavations under demolished buildings in retail business zone shall not be filled with combustible debris unless such debris is thoroughly and completely covered with incombustible materials.