University City City Zoning Code
ARTICLE IX
Administration and Enforcement
Section 400.2460 Appointment.
[R.O. 2011 §34-110.1; Ord. No. 6139 §1(Exh. A (part)), 1997]
A Zoning Administrator shall be appointed by the City Manager to administer and enforce this Chapter. The position of Zoning Administrator shall be a classified position as provided in the City Charter, Article VII, and as established thereunder by ordinances of the City Council.
Section 400.2470 Duties.
[R.O. 2011 §34-110.2; Ord. No. 6139 §1(Exh. A (part)), 1997; Ord. No. 6401 §1(part), 2002]
A.
The Zoning Administrator, or his/her designee, shall be responsible for interpreting and administering the provisions of this Chapter and shall have primary responsibility for the enforcement of this Chapter by means of the duties specified herein. Without limiting the generality of the previous sentence, the duties and authority of the Zoning Administrator shall be as follows:
1.
Serve as the executive secretary to the Plan Commission, including maintaining the records thereof. Specifically, the Zoning Administrator shall provide the Commission with review, analysis, reports and recommendations on:
2.
Determine whether applications for building permits and sign permits are in compliance with applicable requirements of this Chapter.
3.
Furnish to the various departments, officers, or employees of the City vested with the authority to issue permits or licenses such information as will insure the proper compliance with this Chapter.
4.
Administer the site plan review procedure and maintain records of all site plans that have been approved or disapproved per Article X, "Site Plan Review Requirements".
6.
Provide administrative support to the Board of Adjustment, including maintaining records thereof. This includes receiving, filing and forwarding to the Board of Adjustment all information constituting the record upon which actions appealed from are taken.
7.
Confer with the Director of Community Development in the preparation of updates to the official Zoning Map.
8.
With the input from the Director of Community Development, prepare an annual report to the Plan Commission summarizing development activity from the previous year. In this report, identify any issues or problems with this Chapter that should be addressed by the Plan Commission with respect to development standards, interpretation problems and/or enforcement problems.
9.
Except as otherwise provided for in this Chapter, notify in writing any person responsible for violating any of the provisions of this Chapter, indicating the nature of the violation and ordering the necessary corrective action.
10.
Order the cessation of any erection, construction, reconstruction, alteration, conversion, maintenance or use in violation of this Chapter by issuing a stop work order when deemed necessary.
11.
Refer any violation of this Chapter to the City Prosecuting Attorney for prosecution or other appropriate action when deemed necessary.
12.
Administer the occupancy permit provisions contained in the Article.
13.
At his/her discretion or if required by special use permit, the Zoning Administrator may require from the applicant for major construction projects a detailed construction traffic control and parking plan for the construction to be submitted to the Director of Planning for approval. The plan shall also be reviewed by the Public Works and Parks Department. Said plan shall set forth details pertaining to worker and resident parking during all phases of the proposed construction. It shall further detail solutions to public property maintenance issues such as street cleaning and traffic diversion.
The Zoning Administrator may adopt such administrative policies as necessary to the carrying out of such duties. |
Section 400.2480 Plan Commission.
[R.O. 2011 §34-111; Ord. No. 6139 §1(Exh. A (part)), 1997]
The Plan Commission of the City of University City, which has been duly created by the City Council, is the Plan Commission referred to in this Chapter. Membership, terms of office, certain powers and duties, etc., are set forth in Article VIII of the City Charter. Without limiting such provisions in the City Charter, the Plan Commission responsibilities, with respect to this Chapter, shall include the following responsibilities.
Section 400.2490 Responsibilities.
[R.O. 2011 §34-111.1; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
To review and report to the City Council its recommendations on petitions to amend the official Zoning Map (e.g., rezoning).
B.
To review and report to the City Council its recommendations on proposed text amendments to the regulations contained in this Chapter.
C.
To conduct public hearings and submit reports and recommendations to the City Council on conditional use permit applications.
D.
To review and approve or disapprove preliminary plats and report its recommendation on final plats to the City Council.
E.
To review and recommend approval or disapproval of preliminary and final "development plans" to the City Council.
Section 400.2500 Building Permit.
[R.O. 2011 §34-112.1; Ord. No. 6139 §1(Exh. A (part)), 1997]
No building permit shall be issued by the Building Commissioner unless the application for such permit has been determined by the Zoning Administrator to be in compliance in all respects with the provisions of this Chapter or with a written order from the Board of Zoning Adjustment in the form of an administrative review decision on an appeal as provided in Article XII of this Chapter.
Section 400.2510 Commercial or Institutional Occupancy Permit.
[R.O. 2011 §34-112.2; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
Applicability. It is unlawful for any person, firm or corporation to hereafter occupy or use any land, building or part thereof for any commercial or institutional purpose until a commercial or institutional occupancy permit has been issued by the Zoning Administrator, stating that the use complies with all the provisions of this Chapter. A home occupation, established in compliance with this Chapter, is considered an accessory use and, therefor, is not a commercial or institutional use with regard to this Section.
B.
Application. An application for a commercial or institutional occupancy permit shall be filed with the Zoning Administrator on forms provided by the Zoning Administrator.
C.
Issuance. No commercial or institutional occupancy permit shall be issued by the Zoning Administrator until the Building Commissioner has caused the premises to be inspected and has determined that the proposed use and any buildings or structures involved comply in all respects with the provisions of the University City Building Code and the use is certified to be in compliance with the provisions of this Chapter by the Zoning Administrator; provided that pending the issuance of a regular permit, a temporary permit may be issued to be valid for a period not to exceed six (6) months during the completion of any work on the premises or during partial occupancy of the premises.
Section 400.2520 Sign Permit.
[R.O. 2011 §34-112.3; Ord. No. 6139 §1(Exh. A (part)), 1997]
See Article VIII of this Chapter.
Section 400.2530 Schedule of Fees.
[R.O. 2011 §34-113; Ord. No. 6139 §1(Exh. A (part)), 1997]
The schedule of fees is contained in Chapter 415 of the Municipal Code. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any action or appeal provided by this Chapter.
Section 400.2540 Construction and Use Must Comply With Applications, Plans and Permits.
[R.O. 2011 §34-114.1; Ord. No. 6139 §1(Exh. A (part)), 1997]
All permits issued on the basis of plans (including site plans approved by the City Council) and/or applications approved by the Building Commissioner and/or Zoning Administrator authorize only the use, arrangement, and/or construction set forth in such approved plans and/or applications and no other use, arrangement, or construction.
Section 400.2550 Entry and Inspection of Land and Buildings.
[R.O. 2011 §34-114.2; Ord. No. 6139 §1(Exh. A (part)), 1997]
Members of the Council, Plan Commission, the Director of Community Development, the Zoning Administrator, the Building Commissioner, and the Director of Public Works and Parks are empowered in the performance of their duties to enter upon any property in the City of University City for the purpose of making inspections, examinations, and surveys, or to place and maintain thereon monuments, markers, notices, signs, or placards required to effectuate the purpose and provisions of this Chapter.
Section 400.2560 Unlawful Acts.
[R.O. 2011 §34-115.1; Ord. No. 6139 §1(Exh. A (part)), 1997]
It is unlawful for any person to erect, construct, reconstruct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, provide, fail to provide, maintain or fail to maintain any premise, land, structure, building, or part thereof, or cause the same to be done contrary to or in conflict with the provisions of this Chapter, of a duly issued permit or of a duly issued order of the Zoning Administrator. All such unlawful acts shall be treated as violations of the provisions of this Chapter and shall be subject to the penalties stated herein.
Section 400.2570 Violations - Penalties.
A.
The owner or general agent of a building or premises where a violation of any provision of said regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee, or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor, or any other person who commits, takes part or assists in any such violation, or who maintains any building or premises in which any such violation shall exist shall be guilty of an ordinance violation punishable by a fine of not less than ten dollars ($10.00) and not more than two hundred fifty dollars ($250.00) for each and every day that such violation continues, or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment in the discretion of the court. Notwithstanding the provisions of Section 82.300, RSMo., for the second (2nd) and subsequent offenses involving the same violation at the same building or premises, the punishment shall be a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) for each and every day that such violation shall continue, or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment in the discretion of the court.
B.
Any such person who, having been served with an order to remove any such violation, shall fail to comply with such order within ten (10) days after such service or shall continue to violate any provision of the regulations made under authority of Sections 89.010 to 89.140, RSMo., in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).
Section 400.2580 Other Remedies.
[R.O. 2011 §34-115.3; Ord. No. 6139 §1(Exh. A (part)), 1997]
In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of this Chapter, the City, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. Such regulations shall be enforced by the Zoning Administrator to cause any building, structure, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of the regulations of this Chapter.