Winfield City Zoning Code
ARTICLE V
Administration and Enforcement
§ 155.075 Administrative Powers.
[2003 Code, § 155.70; Ord. passed - -1996; Ord. passed - -1997]
(A)
The Planning and Zoning Commission shall administer and enforce the provisions of this chapter.
(B)
The powers and duties of the Planning and Zoning Commission shall be as follows:
(1)
Issue all certificates of occupancy and make and maintain records thereof;
(2)
Issue all building permits and make and maintain records thereof;
(3)
Authorize or conduct inspections of the buildings, structures and the use of land to determine compliance with this chapter;
(4)
Require that all construction or work of any type be stopped when such work is not in compliance with this chapter;
(5)
Revoke any permit which was unlawfully issued or any permit wherein defective work has been performed, and when such work has not been corrected within 90 days of notification;
(6)
Maintain permit and current records of this regulation, including, but not limited to, all maps, amendments, variance appeals and applications;
(7)
Provide and maintain a public information bureau relevant to all matters arising out of this chapter;
(8)
Forward to the Board of Aldermen all applications for amendments to this chapter;
(9)
Forward to the Board of Aldermen, applications for appeals, variances or other matters on which the Board of Aldermen is required to pass under this chapter;
(10)
Issue permits regulating the erection and use of tents for purposes such as: temporary carnivals, churches, charities or charitable uses, and revival meetings, such use as not being detrimental to the public health, safety, morals, comfort, convenience or general welfare and not being erected for a period exceeding ten days; provided, however, that, the tents’ operations are in conformance with all other ordinances of the city; and
(11)
Authorize, initiate, direct and review, from time to time, a study of the provisions of this chapter not less than once a year.
§ 155.076 Permits.
[2003 Code, § 155.71; Ord. passed - -1996; Ord. passed - -1997]
(A)
No building or other structure shall be erected, moved, added to or structurally altered without a permit therefor, issued by the Planning and Zoning Commission.
(B)
No building permit for alteration, repair or construction of any building or structure shall be issued unless the plans and specifications show that the building or structure, and its proposed use, will be in compliance with the provisions of the zoning regulations.
(C)
A temporary building permit may be issued by the Planning and Zoning Commission for a period not exceeding six months during alteration or construction for partial occupancy of a building pending its completion, or for bazaars, carnivals and revivals; provided that, such temporary permit shall require such conditions and safeguards as will protect the safety of the occupants and public.
(D)
Failure to obtain the necessary building permit shall be punishable under this regulation.
(E)
(1)
Building permits issued on the basis of plans and applications approved by the Planning and Zoning Commission authorize only the use, arrangement and construction set forth in such approved plans and specifications.
(2)
Any use, arrangement or construction at variance with that authorized shall be deemed a violation of this regulation and shall be punishable as provided by this regulation.
§ 155.077 Building Permit Applications.
[2003 Code, § 155.72; Ord. passed - -1996; Ord. passed - -1997]
(A)
Applications for building permits shall be accompanied by a duplicate set of plans drawn to scale with the following information indicated in order to determine compliance with this chapter:
(1)
A plot plan drawn to scale, showing the exact size, shape and dimensions of the lots to be built upon, the exact size and location on the lot of all existing buildings and structures, and the exact size and location on the lot of the structure or building proposed to be repaired, altered, erected or moved, and the size, arrangement, number of parking stalls, movement of vehicles and ingress and egress garage for off-street parking and loading facilities;
(2)
A survey prepared by a land surveyor registered in the state of the boundaries of the lot on which the improvement is proposed to be located, or have on file with the city a copy of a certified and recorded plat;
(3)
The location of the lot with respect to existing rights-of-way on adjacent lots;
(4)
Any other information that the Planning and Zoning Commission may deem necessary for a consideration and enforcing the provisions of this chapter; and
(5)
Any of the above requirements may be waived by the Planning and Zoning Commission in cases of permits to alter the interior of any existing structure.
(B)
A building permit for alteration, repair or construction of any building or structure shall be issued unless the plans or specifications show that the building or structure in its proposed use, will be in compliance with provisions of this chapter.
§ 155.078 Occupancy Permits.
[2003 Code, § 155.73; Ord. passed - -1996; Ord. passed - -1997]
(A)
Occupancy permits shall be applied for coincidentally with the application for a building permit; an occupancy inspection shall be conducted within two working days after request is made therefor and the occupancy permit shall be issued when it is verified that lawful erection, reconstruction or alteration is completed. Occupancy permits shall also be applied for when:
(B)
In such occupancy, a permit shall be issued when the building authority has become satisfied that the proposed occupancy complies with all ordinances of the city and the state statutes. A record of all building and occupancy permits shall be kept on file in the office of the Planning and Zoning Commission, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected.
(C)
An occupancy permit shall be issued for any change in non-conforming uses if the proposed use is subject to less restrictions under this chapter than the prior non-conforming use.
(D)
No occupancy permit shall be issued for any building to be constructed or renovated unless the building has been erected or renovated in conformity with the Building Code of the city and its applicable laws and regulations. Evidence of this conformity shall be retained and recorded by the Planning and Zoning Commission.
§ 155.079 Review By Board of Aldermen; Appeal From.
[2003 Code, § 155.74; Ord. passed - -1996; Ord. passed - -1997]
(A)
The Board of Aldermen of the city is hereby authorized to review any determination made by the Planning and Zoning Commission and/or any of its authorized members or agents.
(1)
Procedure. The Board of Aldermen shall adopt rules in accordance with the provisions of this chapter. Meetings of the Board of Aldermen shall be held at the call of the Mayor, and at such other times as the Board may determine. The Mayor, or in his or her absence, the President of the Board of Aldermen, may administer oath and compel the attendance of witnesses. All meetings of the Board of Aldermen shall be open to the public. The Board of Aldermen shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating that fact, and such findings filed in the office of the City Clerk and be a public record. All testimony, objections thereto and rulings thereon shall be taken down by a reporter employed by the Board of Aldermen for that purpose.
(2)
Appeals.
(a)
Appeals to the Board of Aldermen may be taken by the person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the Planning and Zoning Commission. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the office from whom the appeal is taken and with the Board of Aldermen, a notice of appeal specifying the grounds thereof. An officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings and furtherance of the action appealed from unless the officer from whom the appeal was taken can certify to the Board of Aldermen after the notice of appeal shall have been filed that by reason of the fact stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Aldermen or by court order, with application or notice to the Planning and Zoning Commission from whom the appeal is taken and due cause shown.
(b)
The Board of Aldermen shall fix a reasonable time for the hearing of the appeal, give 15 days’ notice thereof, in a newspaper of general circulation and to the parties in interest, and decide the same in a reasonable time. At the hearing, any party may appear in person or by agent.
(c)
The Board of Aldermen shall have the following powers in reviewing any determination made by the Planning and Zoning Commission and/or its authorized agents:
1.
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Planning and Zoning Commission in the enforcement of this subchapter or by any ordinance adopted pursuant thereto;
2.
To hear and decide all matters referred to it or upon which it is required to pass under such ordinance; and
3.
In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of such ordinance, to vary or modify the application of any of the regulations or provisions of such ordinance relating to the use, construction or alteration of buildings, structures or the use of lands, so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done.
(d)
In exercising the above-mentioned powers, the Board of Aldermen may, in conformity with the provisions of this subchapter, reverse or affirm wholly or partially, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination that ought to be made and, to that end, shall be necessary to reverse any order, requirement, decision or determination of any the Planning and Zoning Commission, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, to affect any variation of such ordinance.
(B)
Any person or persons jointly or severally aggrieved by any decision of the Board of Aldermen, or any officer, department, board or bureau of the municipality, may present to the circuit court of the county in which the property affected is located a petition, duly verify, setting forth, that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision by the Board of Aldermen. On the presentation of such petition, the court may allow a writ of certiorari directed to the Board of Aldermen to review such decision. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, and upon notice to the Board of Aldermen, not be required to return the original papers acted upon it, but it shall be sufficient to return certified or sworn copies thereof or such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his or her finding of facts and conclusions of law, which constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. Costs shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from.
(C)
Any cost deposits required by the Board of Aldermen on its rules and regulations for any hearing held by it may be increased by special order of the Board of Aldermen when it shall determine that the questions or matters presented are complex or involved and will require extended hearings or incur expenditures. The applicant presenting the matter or question shall make the required deposit for costs prior to any action by the Board of Aldermen. Any increase ordered hereunder shall be commensurate with the minimum deposit here and after provided for. Costs shall be assessed with a purpose of meeting the city’s expenses and furnishing heat, light, stationery, for counsel fees and other expenses, and shall not be assessed or increased for the purpose of producing revenue.
§ 155.080 Amendments.
[2003 Code, § 155.75; Ord. passed - -1996; Ord. passed - -1997]
(A)
The Board of Aldermen may, from time to time, on its own motion or by petition, amend, supplement, change, modify or repeal by ordinance the boundaries of districts or regulations or restrictions herein established. Any proposed amendments shall first be submitted to the Planning and Zoning Commission for its recommendations and report. The Planning and Zoning Commission shall hold a public hearing in relation thereto, giving at least 15 days’ notice of the time and place of such hearing, which notice shall first be published in a newspaper having a general circulation in the city. When the hearing before the Planning and Zoning Commission is completed, the proceeding shall be continued for further hearing before the Board of Aldermen and be heard before the Board acts upon the report of the Planning and Zoning Commission.
(B)
In the event of a negative report by the Planning and Zoning Commission or if a protest against such proposed amendment shall be presented in writing to the City Clerk, duly signed and acknowledged by the owners of 10% or more, either of the areas of the land (exclusive of streets, places and alleys) included within such proposed amendment, or within an area, determined by lines parallel to and 185 feet distance from the boundaries of the district proposed to be changed, such amendment, supplement, change, modification or repeal shall not become effective, except by the favorable vote of three-fourths of all the Board of Aldermen.
§ 155.081 Validity.
[2003 Code, § 155.77; Ord. passed - -1996; Ord. passed - -1997]
If any provision of the zoning regulations imposed and the zoning districts created shall be found invalid by a court of competent jurisdiction, it is hereby declared that the remaining provisions of the zoning regulations and the zoning districts shall be enforced and shall remain in full force in effect.
§ 155.082 Interpretation, Purpose and Conflict.
[2003 Code, § 155.78; Ord. passed - -1996; Ord. passed - -1997]
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirement for the promotion of public safety, health, convenience, comfort, morals, prosperity and general welfare. Whenever the regulations of this chapter require a greater width or size of yard, courts or other open spaces or require a lower height of building or a less number of stories or require a lower density of population, or require a more restricted use of the land, or impose other higher standards than are required in any other order or regulations, private deed restrictions or private covenants, these regulations shall govern, but if the requirements of such other order, regulation, private deed restrictions or private covenant is the more restrictive, then those requirements shall supersede those of this chapter.
§ 155.999 Penalty.
[2003 Code, § 155.99; Ord. passed - -1996; Ord. passed - -1997]
(A)
In the event any building or structure is erected, constructed, reconstructed, altered, converted or any building or structure or land is used in violation of this chapter or other regulations or resolutions of the Board of Aldermen made under authority conferred, hereby, the Planning and Zoning Commission, or the city, as a corporation or any interested person, 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 or land or to prevent any illegal act, conduct, business or use in and to and of such premises.
(B)
The owner or general agent of a building or premises where a violation of any provision of this chapter and regulations adopted thereunder has been committed or shall exist, or the lessee or tenant of any part of the building 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 maintains any building or premises in which any such violation shall exist, shall be guilty of a misdemeanor punishable by a fine of not less than $100 and not more than $500 for each and every day that such violation shall continue or by confinement in the County Jail for not more than 90 days for each and every day that such violation shall continue or by both fine and imprisonment in the discretion of the Court of the city.
(C)
Any such person who having been served with an order to remove or remedy any such violation, who shall fail to comply with the order within ten days after such service or shall continue to violate any provision of the regulations made under the authority of this chapter and the respect named in such order shall be subject to a civil penalty of an additional $250.