Washington City Zoning Code
ARTICLE XI
Administration And Enforcement
Section 400.480 Zoning Administrator.
[R.O. 1992 § 400.480; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
The Director of Planning, Director of Public Works, City Engineer, Building Official or a person of the same or similar title as formally designated by the City Administrator of the City of Washington 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. For the purposes of this Chapter, this person shall be referred to in this Chapter as "Zoning Administrator." Without limiting the generality of the previous sentence, the duties and authority of the Zoning Administrator shall be as follows:
A.
Duties And Responsibilities Of The Zoning Administrator.
1.
The duties and responsibilities of the Zoning Administrator shall include, but not necessarily be limited to, the following:
a.
b.
Determine whether applications for building permits are in compliance with applicable requirements of this Chapter.
c.
Furnish to the various department superintendents or other employees of the City such information as will aid in ensuring the proper compliance with this Chapter and other codes of the City.
d.
e.
Provide administrative support to the Board of Appeals. This includes receiving, filing and forwarding to the Board of Appeals all information constituting the record upon which actions appealed from are taken.
f.
Supervise the preparation of updates to the Official Zoning Map.
g.
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.
h.
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.
i.
May refer any violation of this Chapter to the City Attorney for prosecution or other appropriate action when deemed necessary.
2.
The Zoning Administrator may adopt such administrative policies as necessary to the carrying out of such duties.
Section 400.485 Planning And Zoning Commission.
[R.O. 1992 § 400.485; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Creation Of The Commission.
1.
There is hereby created a Commission to be known as the "Planning and Zoning Commission" (or also referred to as "the Commission"), which shall consist of nine (9) members, including the Mayor, a member of the Council selected by the Council and seven (7) citizens appointed by the Mayor and approved by the Council.
2.
All citizen members of the Commission shall serve without compensation.
3.
The term of each of the citizen members shall be for four (4) years, except that any citizen member now serving on the existing Plan Commission shall serve until his/her appointment expires.
4.
Any vacancies in the membership shall be filled for the unexpired term by appointment as aforesaid. The Council may remove any citizen member for cause stated in writing and after a public hearing.
5.
The terms of the member of the City Council and the Mayor shall correspond to their respective official tenures.
B.
Officers, Meetings, Rules And Regulations, And Records.
1.
The Planning and Zoning Commission shall select its Chairman from among the citizen members. The term of Chairman shall be for one (1) year with eligibility for reelection.
2.
The Commission shall hold regular meetings and special meetings as it provides by rules and shall adopt rules for the transaction of business and keep a record of its proceedings. These records shall be public records.
C.
Employees And Consultants. The Planning and Zoning Commission may appoint such employees as it may deem necessary for its work. The Commission may also contract with City planners, engineers, architects and other consultants for such services as it may require, provided that an appropriation has been made authorizing payment for such services.
D.
Powers And Duties Generally.
1.
The Planning and Zoning Commission shall, from time to time, recommend to the appropriate public officials programs for public structures and improvements and for the financing thereof. It shall be part of its duty to consult with public officials and agencies, public utility companies, civic, educational, professional and other organizations and with citizens with relation to the protecting and carrying out of the plans. The Commission shall have the right to accept and use gifts for the exercise of its functions. All public officials shall, upon request, furnish to the Commission within a reasonable time such available information as it shall require for its work. The Commission, its members, officers and employees, in the performance of their functions, may enter upon any land and make examinations and surveys and place and maintain necessary monuments and markers thereon. In general, the Commission shall have such powers as may be necessary to enable it to fulfill its functions, promote City planning and carry out the purposes of this Chapter.
2.
The Planning and Zoning Commission shall immediately, upon the City annexing unincorporated areas into the City of Washington, make recommendations to the City Council as to the proposed zoning for said newly annexed area.
E.
Comprehensive City Plan Preparation And Contents. It shall be the function and duty of the Planning and Zoning Commission to make and adopt a Comprehensive Plan for the physical development of the City. Such plan, with the accompanying maps, plats, charts and descriptive matter, shall show the Commission's recommendations for the development of the area, including, among other things; the general location, character and extent of streets, viaducts, bridges, waterways, waterfronts, boulevards, highways, parkways, playgrounds, squares, parks, airfields and other public ways, grounds and open spaces; the general location of public buildings and other public property; and the general location and extent of public utilities and terminals, whether publicly or privately owned or operated, for water, light, sanitation, transportation, communication, power and other purposes; also the removal, relocation, widening, narrowing, vacating, abandonment, change of use or extension of any of the foregoing ways, grounds, open spaces, buildings, property, utilities or terminals; as well as a zoning plan for the control of the height, area, bulk, location and use of buildings and premises and of population density; the general location, character, layout and extent of community centers and neighborhood units; and the general character, extent and layout of the replanning of blighted districts and slum areas and the establishment of fire zones. The Commission shall hold public hearings on any major final report before submitting the same to the City Council for its action thereon, and the Council shall not hold its public hearings or take action until it has received the final report of the Plan Commission on the particular proposition to be acted on.
F.
Purpose Of The Comprehensive City Plan. In the preparation of a City Plan, the Planning and Zoning Commission shall make careful comprehensive surveys and studies of present conditions and the future growth of the City, with due regard to its relation to neighboring territory. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the City which will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity and general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, the promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the promotion of good civic design, arrangement, wise and efficient expenditure of public funds and the adequate provisions of public utilities and other public requirements.
G.
Designated Zoning Commission And Comprehensive Zoning Plan.
1.
The Planning and Zoning Commission is hereby appointed as the Zoning Commission of the City.
2.
The Planning and Zoning Commission of the City is hereby authorized and directed to make and adopt a revised or new Comprehensive Zoning Plan for the City, in accordance with the provisions of and for the purposes enumerated in Chapter 89, RSMo., which plan shall be administered in accordance with the provisions of such Chapter 89, RSMo.
3.
After having prepared a preliminary plan and holding public hearings thereon, the Planning and Zoning Commission shall submit its final report to the Council.
Section 400.490 Permits And Certificates Of Compliance.
[R.O. 1992 § 400.490; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
Prior to the land preparation or construction of any building or structure permitted in accordance with the provisions of this Chapter and other applicable Chapters of the Washington City Code, the following requirements must be met:
A.
Grading Of Property And Permit Requirement.
1.
Grading, filling, excavating or any change in the grade of property that involves the moving, depletion or replacement of more than fifty (50) cubic yards of material or changes the existing elevation by more than two (2) feet requires a permit, as per Section 400.490(A)(2) below. At no time shall any grading be detrimental to surrounding property in appearance or in the diversion of stormwater drainage.
2.
An application for a grading permit shall be submitted to the City Engineer and shall be accompanied by a plan of a size for permanent filing, drawn to scale, showing the area to be graded, the depth of cut and fill and an estimate of total cubic cut and fill. The plan shall be approved by the City Engineer. Furthermore, a record of the application and plan shall be kept in the office of the City Engineer. The application for a grading permit shall be accompanied by a fee in the amount of fifteen dollars ($15.00) per acre, which shall be paid to the City Clerk.
B.
Building Permit. An application for a building permit shall be submitted to the Zoning Administrator, and each application for a building permit shall be accompanied by a plat in duplicate in a form and size suitable for permanent filing and drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape and locations of the building to be erected, and such other information as may be necessary to provide for the enforcement of this Chapter. The property shall be surveyed by a licensed surveyor. A record of the applications and plats shall be kept in the office of the Zoning Administrator.
C.
Certificate Of Occupancy.
1.
Subsequent to the passage of the ordinance adopting these zoning regulations, no change in the use or occupancy of land, nor any change of use or occupancy in an existing building other than for single-family dwelling purposes, shall be made, nor shall any new building be occupied for any purpose, until a certificate of occupancy has been issued by the Zoning Administrator. Every certificate of occupancy shall state that the new occupancy complies with all provisions of this Chapter.
2.
Certificates of occupancy and compliance shall be applied for coincidentally with the application for a building permit and shall be issued within ten (10) days after the lawful erection or alteration of the building is completed. A record of all certificates shall be kept on file in the office of the Zoning Administrator, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.
3.
No permit for the excavation for or the erection or alteration of any building shall be issued before the application has been made for a certificate of occupancy, and no building or premises shall be occupied until that certificate and permit are issued.
4.
A certificate of occupancy shall be required of all non-conforming uses of land or buildings created by the passage of this Chapter. Application for such certificates of occupancy for non-conforming uses shall be filed with the Zoning Administrator by the owner or lessee of the land or building occupied by such non-conforming use within two (2) years from the effective date of this Chapter. It shall be the duty of the Zoning Administrator to issue a certificate of occupancy for a non-conforming use upon the filing of an application for the same. Nothing in this Chapter shall prevent the continuance of a non-conforming use as hereinbefore authorized unless a discontinuance is necessary for the safety of life or property.
Section 400.495 Enforcement.
[R.O. 1992 § 400.495; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Construction And Use Shall Comply With Plans And Permits. All permits issued on the basis of plans (including site plans approved by the Planning and Zoning Commission) and/or permits issued by the Zoning Administrator authorize only the use, arrangement, and/or construction set forth in such approved plans and/or permits and no other use, arrangement, or construction.
B.
Entry And Inspection Of Land And Buildings. Members of the Council, Planning and Zoning Commission, the Zoning Administrator and building inspectors are hereby empowered, in the performance of their duties, to enter upon any property in the City of Washington 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 400.500 Violations.
[R.O. 1992 § 400.500; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Proceedings To Prevent Violations.
1.
General.
a.
In case any building or structure, including fixtures, is constructed, reconstructed, altered, converted, or maintained, or any building or structure, including fixtures, or land, is used in violation of this Chapter, the City may institute any appropriate action or proceeding to:
b.
Any owner or tenant of real property, within twelve thousand (1,200) feet in any direction of the property on which the building or structure in question is located, who shows that their property or person will be substantially affected by the alleged violation may seek action to prevent such violation as provided for by law. Without abrogating the aforementioned procedure to remedy an alleged violation, such owner or tenant may notify the Zoning Administrator, in writing, of the alleged violation. Upon receipt of such notice, the Zoning Administrator shall take whatever action is warranted and inform the complainant, in writing, what actions have been or will be taken.
2.
Procedure Upon Discovery Of Violations:
a.
If the Zoning Administrator finds that any provision of this Chapter is being violated, the Zoning Administrator shall send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the Zoning Administrator's discretion.
b.
The final written notice (and the initial written notice may be the final notice) shall advise that the Zoning Administrator's decision or order may be appealed to the Board of Appeals in accordance with Article XIII, Appeals to the Board of Adjustment, of this Chapter.
c.
In cases where delay would threaten the public health, safety, or welfare, the Zoning Administrator may seek enforcement without prior written notice by invoking a stop-work or stop-use order and institute any of the penalties or actions authorized in Section 400.500(B) below.
B.
Penalties And Remedies For Violations.
1.
The owner or agent of a building or premises in or upon which a violation of any provision of this Chapter has been committed or shall exist, or the lessee or tenant of an entire building or entire premises in or upon which a violation has been committed or shall exist, or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which 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 one hundred dollars ($100.00) for each and every day that such violation continues; but if the offense is willful on conviction thereof, the punishment shall be a fine of not less than one hundred dollars ($100.00) nor more than two hundred fifty dollars ($250.00) 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, or by confinement in the county jail for not more than one (1) year, or by both such fine and confinement.
2.
This Chapter may also be enforced by any appropriate equitable action.