Scott City City Zoning Code
ARTICLE V
Zoning Administration
Section 400.250 Enforcement by Zoning Inspector.
[Ord. No. 28 Art. IX §91.1, 8-18-1980]
There is hereby established the office of Zoning Inspector and for the purposes of this Chapter, the office of building Inspector of the City of Scott City is hereby designated as said Zoning Inspector. It shall be the duty of the Zoning Inspector to enforce this Chapter in accordance with the Administrative provisions of this Chapter. All departments, officials and public employees of the City of Scott City vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this Chapter and shall issue no permit or license for any use, building or purpose in conflict with the provisions of this Chapter. Any permit or license, issued in conflict with the provisions of this Chapter, shall be null and void.
Section 400.260 Filing Plans.
[Ord. No. 28 Art. IX §91.2, 8-18-1980]
Every application for a Zoning Clearance Permit shall be accompanied by plans in duplicate, drawn to scale on the form, showing the actual shape and dimensions of the lot to be built upon or to be changed in its use, in whole or in part; the exact location, size and height of any building or structure to be erected or altered; in the case of a proposed new building or structure or proposed alteration of an existing building or structure as would substantially alter its appearance, drawings or sketches showing the front, side rear elevations of the proposed building or structure, or of the structure as it will appear after the work for which a permit is sought shall have been completed; the existing and intended use of each building or structure or part thereof; the number of families or house-keeping units the building is designed to accommodate; and, when no buildings are involved, the location of the present use and proposed use to be made of the lot; and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this Chapter.
One (1) copy of such application and plans shall be returned to the applicant when such plans shall have been approved by the Zoning Inspector, together with such Zoning Clearance Permit as may be granted. All dimensions shown on these plans related to the location and size of the lot to be built upon, shall be based on actual survey. The lot and location of the building hereon shall be staked out on the ground before construction is started.
Section 400.270 Certificate of Utility Approval.
[Ord. No. 28 Art. IX §91.3, 8-18-1980]
In every case where the lot is not provided and is not proposed to be provided with public water supply and/or the disposal of sanitary wastes by means of public sewers, the application shall be accompanied by Certificate of Approval by the Zoning Inspector of the proposed method of water supply and/or disposal of sanitary wastes and proof of conformance to State and Federal Public Health and Water Pollution Codes.
Section 400.280 Zoning Clearance Permit.
[Ord. No. 28 Art. IX §91.4, 8-18-1980]
It shall be unlawful for any owner, lessee or tenant to use or to permit the use of any structure, building or land, or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly, until a Zoning Clearance Permit shall have been issued by the Zoning Inspector. Such Zoning Permit shall show that such building or premises or a part thereof, and the proposed use thereof, are in conformity with the provisions of this Chapter. It shall be the duty of the Zoning Inspector to issue a Zoning Clearance Permit, provided he is satisfied that the structure, building or premises, and the proposed use thereof, and the proposed methods of water supply and disposal of sanitary wastes, conform with all the requirements of this Chapter.
Section 400.290 Building Plat Required - Fee.
[Ord. No. 28 Art. IX §91.5, 8-18-1980]
All applications for Zoning Clearance Permits shall be accompanied by a plat drawn to scale showing the actual dimensions of the lots to be built upon, the size and location of the building to be erected and such other information as may be necessary to provide for the enforcement of these regulations. No Zoning Clearance Permit shall be issued until a fee of five dollars ($5.00) shall have been paid.
Section 400.300 Certificate of Occupancy.
[Ord. No. 28 Art. IX §91.6, 8-18-1980; Ord. No. 1372, 2-3-2025]
It shall be unlawful for any person, either as owner, lessee or tenant, or as agent for an owner or tenant, to occupy, or suffer or permit the occupancy of, any structure, building or land, or part thereof, hereafter erected, created, changed, converted or enlarged until an endorsement of the Certificate of Occupancy shall have been accomplished by the Zoning Inspector after inspection. Such Certificate of Occupancy shall show and certify that such building structure or premises has been constructed, altered or improved in compliance with the provisions of this Chapter, and all other applicable codes or ordinances and all conditions and requirements, if any, stipulated by the Board of Adjustment or other proper authority.
Section 400.310 Inspector to Act Within Thirty Days.
[Ord. No. 28 Art. IX §91.7, 8-18-1980]
The Zoning Inspector shall act upon all such applications on which he is authorized to act by the provisions of this Chapter within thirty (30) days after they are filed in full compliance with all the applicable requirements. He shall either issue a Zoning Clearance Permit within said thirty (30) days or shall notify the applicant in writing of his refusal of such Certificate and the reasons therefor. Failure to notify the applicant in case of such refusal within said thirty (30) days shall entitle the applicant to a Zoning Clearance Permit unless the applicant consents to an extension of time.
Section 400.320 Zoning Board of Adjustment.
[Ord. No. 28 Art. IX §92, 8-18-1980]
A.
Appointment. A Board of Adjustment is hereby created. The Board shall consist of five (5) members appointed by the Mayor and approved by the City Council, each to be appointed for a term of five (5) years, excepting that when the Board shall first be created, one (1) member shall be appointed for a term of five (5) years, one (1) for a term of four (4) years, one for a term of three (3) years, one for a term of two (2) years, and one for a term of one (1) year. Members shall be removable for cause by the Mayor and City Council upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.
B.
Procedure. The Board of Adjustment shall adopt rules for the conduct of its business, establish a quorum and procedure, and keep a public record of all findings and decisions. Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. Each session of the Board of Adjustment, at which an appeal is to be heard, shall be a public meeting with public notice of said meeting and business to be carried or published in a newspaper of general circulation in the City, at least one (1) time seven (7) days prior to the meeting.
C.
Appeals. An appeal may be taken to the Board of Adjustment by any person, group or organization, public or private, affected by a decision of the Zoning Inspector. Such appeal shall be taken within such time as prescribed by the Board by general rule, by filing with the Zoning Inspector, a notice of appeal specifying the grounds thereof. A fee of the cost of publishing a legal notice shall accompany all notices of appeal. The Zoning Inspector shall forthwith transmit to the Board all papers constituting the record upon which the action appealed was taken.
D.
Powers. The Board of Adjustment shall have the following powers subject to appeals to the Circuit Court of Scott County within thirty (30) days after filing of the decision in the office of the Board:
1.
Decide appeals. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Inspector in the enforcement of this Chapter, and may affirm or reverse, in whole or part, said decision of the enforcement officer.
2.
Hear variances. To hear request for variances from the literal provisions of this Chapter which would cause undue hardship due to circumstances unique to the individual property under consideration and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of this Chapter. The Board of Adjustment shall not permit, as a variance, any use in a district that is not permitted under this Chapter. The Board of Adjustment may impose conditions in the granting of variance to insure compliance to protect adjacent property.
3.
Hold public hearings. To hold public hearings on, and decide the exceptions to or variations of this Chapter.
4.
Permit extensions. To permit the extension of a district where the boundary line thereof divides a lot held in a single ownership at the time of adoption of this Chapter.
5.
Interpretation. Interpret the provisions of this Chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the Zoning District Map where the street layout on the ground varies from the street layout as shown on this Map.
6.
Permit reconstruction. Permit reconstruction of a non-conforming building otherwise prohibited by Section 400.070 (2)(c) where such action would not constitute continuation of a monopoly.
7.
Yard variances. Vary the yard regulations where there is an exceptional or unusual physical condition of a lot, not generally prevalent in the neighborhood which condition when related to the yard regulations of this Chapter would prevent a reasonable or sensible arrangement of buildings on the lot.
8.
Parking variances. Vary the parking regulations by not more than fifty percent (50%) where it is conclusively shown that the specific use of a building would make unnecessary the parking spaces otherwise required by this Chapter, or where it can be conclusively shown that adequate off-street parking to serve a particular use has been provided by or is controlled by the municipality.