Saratoga City Zoning Code
CHAPTER 18
09 ADMINISTRATION AND ENFORCEMENT
§ 18.09.010 Enforcement-Responsibility.
A.
It shall be the responsibility of the town council, the planning commission and its authorized agent to be known as the zoning officer to administer this zoning title.
B.
It is unlawful to locate, erect, construct, reconstruct, enlarge, maintain or use any building or use any land within the incorporated area or buffer zone of Saratoga without first obtaining authorization from the planning commission or its authorized agent. No such authorization shall be issued unless the plans for the proposed building, structure or use fully comply with this zoning title. The planning commission or its authorized agent shall act upon any application filed with it. it shall grant authorization in all cases where the proposed construction or use complies with the requirements of the zoning title and if it denies the authorization shall specify the reasons for such denials.
(Ord. 399 § 1(328-52), 1980; Ord., 677, 2001)
§ 18.09.020 Enforcement-Agent-Authority-Responsibility.
A.
The planning commission, with the approval of the town council, may appoint a zoning enforcement agent for the administration and enforcement of the provisions of this title. This agent shall be designated the zoning officer.
B.
The zoning officer shall have the authority and responsibility to enter upon public or private premises and make inspection thereof at any reasonable time and for any proper purpose of enforcing this title. Further, upon reasonable cause or question as to proper compliance, to revoke any authorization and issue cease and desist orders requiring the cessation of any building, moving, alteration or use which is in violation of the provisions of this title.
C.
The zoning officer shall review all site plans and concur with the planning commission on matters requiring joint approval.
D.
The zoning officer or designated official shall be responsible for the issuance of building permits.
1.
No building or other structure shall be erected, added to, or structurally altered without a building permit therefor, issued by the zoning officer or designated official except in conformity with the provisions of this title.
2.
Any person, partnership, firm or other association of persons acting as a unit who plans the construction or moving of any buildings within the town, shall apply to the zoning officer or designated official for a permit for such construction or moving.
3.
Application for building permits shall be made to the zoning officer or designated official on forms prescribed by the town and completed by the applicant. The application must include a sketch indicating setbacks, lot size and dimensions of all new homes and additions. Such application forms shall be accompanied by a fee, the amount of which shall be based on the value of the building concerned according to Section 107 and the schedule in Table IA of the Uniform Building Code as adopted by the town of Saratoga. Permit duration shall be as described in Section 106.4.4 of the UBC, 1997, Volume l.
4.
Prior to the building permit being issued, the water and sewer tap fees and the fee for the water meter must be purchased for all new home/commercial building construction.
5.
A building permit will be required to relocate a house, mobile home, or modular home within the town zoning jurisdiction including buffer zone.
E.
1.
Upon the submission of a written request by the owner or his or her authorized agent at least seventy-two hours prior to the desired date of issuance, the zoning officer shall issue a certificate of occupancy for any building or structure, lot or land, existing and in use at the effective date of the ordinance codified in this section.
2.
The building contractor will schedule the time and date with the zoning/assistant zoning officer for the inspection, with either the builder or new occupant providing transportation for the inspection on the date/time specified for the inspector and department of public works employee who at that time will inspect the water meter.
3.
Application for certificate of occupancy shall be made to the zoning officer or designated official on forms prescribed by the town.
F.
In addition, the zoning officer (or his or her deputy) shall have the following additional responsibilities:
1.
Receive petitions for zone changes, special use permits, appeals and sign permits;
2.
Prepare case files;
3.
Prepare and have legal notice published;
4.
File and maintain all records regarding certificate of occupancy, application and all actions, notes and minutes of the planning commission related to this title;
5.
Prepare a written annual report on the budget year activities to the planning commission;
6.
Attend all commission planning meetings.
(Ord. 399 § 1(328-53), 1980; Ord. 677, 2001; Ord. 848 § 1, 2018)
§ 18.09.030 Legal action.
In case any building or structure is, or is proposed to be, erected, constructed, reconstructed, altered, maintained or used, or any land is proposed to be used in violation of any provision of this title or any amendment thereof, the town council and the attorney for the town or any owner of real estate within the zoned area, in addition to other remedies provided by law, may institute injunction, mandates, abatement or any other appropriate action to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction alteration, maintenance or use. Appeals from judgments rendered in any action instituted to enforce this title shall be permitted and shall be in accordance with the general appeals provisions of Wyoming Rules of Civil Procedure.
(Ord. 399 § 1(328-59), 1980)
§ 18.09.040 Damage liability.
This title shall not be construed to hold the town responsible for any damage to person or property for reason of the inspection or reinspection authorized in this title or failure to inspect for reason of issuing authorization in the administration and enforcement of this title.
(Ord. 399 § 1(328-60), 1980)
§ 18.09.050 Airport noise zones.
The zoning officer shall inform the prospective developer of the recommended building requirements for a minimum noise level reduction of twenty-five decibels when new construction occurs in the airport height restriction area.
(Ord. 399 § 1(328-54), 1980)
§ 18.09.060 Avigation easements.
The zoning officer shall refer the prospective developer in the airport height restriction area depicted on the official zoning map of Saratoga to the town attorney who will draw up an avigation easement. The town shall purchase the avigation easement from the individual property owner who desires to develop in the airport height restriction area. The easement eliminates all liability on the part of the town regarding airport-related noise, vibrations, accidents, etc.
(Ord. 399 § 1(328-55), 1980)
§ 18.09.070 Site plan approval.
A.
All permitted uses and uses requiring a special permit shall require site plan approval. Such site plan shall be submitted in adequate detail to permit the zoning officer and/or planning commission to evaluate the plan to determine its conformance with the provisions of this title. Building permits shall not be issued until such plan is certified as to conformance with this title.
B.
The site plan shall include the following information:
1.
The boundary lines of the area included in the site plan, an arrow pointing north and the lot area of the land included in the site plan;
2.
The shape, size, location and height of all proposed structures;
3.
Natural features such as woodlots and lakes and manmade features such as existing roads and structures, with indication as to which are to be retained and which removed or altered. Adjacent properties and their uses shall be identified;
4.
A layout of the proposed streets, driveways, parking spaces and sidewalks. The width of streets, driveways and sidewalks and the total number of parking spaces shall be shown;
5.
A layout of the proposed lots, parks and open spaces;
6.
The size and location of all existing and proposed public utilities;
7.
A vicinity sketch showing the location of the site in relation to the surrounding street system;
8.
A legal description of the land included in the site plan and of the lot; the name, address and telephone number of the owner, developer and designer;
9.
Proposed drainage system;
10.
Any other information necessary to establish compliance with this and other ordinances or the availability of adequate utility capacity.
(Ord. 399 § 1(328-45), 1980)
§ 18.09.080 Violations-Penalties.
A.
The zoning officer shall declare each violation a nuisance and order, in writing, corrections of all conditions which are found to be in violation of this title.
B.
Any one person who violates this title may be punishable by fine of not more than one hundred dollars for each offense. Each day's continuance of such violation shall be deemed a separate offense.
(Ord. 399 § 1(328-61), 1980)