ARTICLE III
ADMINISTRATION, ENFORCEMENT AND VIOLATION
300 Administrative
Official
An Administrative Official (Zoning
Administrator) shall be appointed by the Planning Commission with the approval
of the City Councils of Midway and Versailles and the Fiscal Court of Woodford
County and shall administer and enforce this ordinance. The official may be provided with the
assistance of such other persons as the legislative bodies may direct.
If the Administrative Official
shall find that any of the provisions of this ordinance are being violated, the
official shall notify in writing the persons responsible for such violations,
indicating the nature of the violation and ordering the action necessary to
correct it. The official shall order
discontinuance of illegal use of land, buildings, illegal additions,
alterations, or structural changes; discontinuance of any illegal work being
done; or shall take any other action authorized by this ordinance to ensure
compliance with or to prevent violation of its provisions.
301 Permits
required for Construction, Demolition, Structures and Locations thereof:
Permits shall be required for the
following activities and shall be issued by the appropriate Administrative
Official in conformity with the provisions of this Zoning Ordinance.
301.1 Permits
Required
No permit shall be issued by the
Administrative Official except in conformity with the provisions of this
ordinance, unless a written order from the Board of Adjustment is received in
the form of an administrative review, conditional use, or variance as provided
by this ordinance.
If no permit has been issued and
construction begins or continues, a restraining order may be obtained
upon application to the proper court of record and evidence of the lack of a
permit shall establish a prima facie case for the issuance of the restraining
order. This is in addition to penalties
that may be imposed by Section 304 of this Ordinance.
A. Building
Permits - No building or other structures shall be erected, moved, added to, or
structurally altered, nor shall any said activities be commenced without a
building permit therefore, issued by the Building Inspector and Zoning
Administrator.
B. Wrecking
Permits (Demolition Permits) - No building or other structures shall be razed,
demolished or removed, either entirely or in part, nor shall any of said
activities be commenced without a wrecking permit therefore, issued by the
Building Inspector.
C. Grading
Permits - No grading, stripping, excavating, filling, stockpiling of earth or
land shall be commenced without a grading permit therefore, issued by the
Zoning Administrator.
D. Sign
Permits - No sign shall be created, erected, moved, added to or structurally
altered, nor shall any of said activities be commenced without a permit
therefore, issued by the Zoning Administrator.
E.
Permits Authorized by the Board of Adjustment -
The Zoning Administrator and/or Building Inspector shall issue permits
in conformance with the written authorization of the Board of Adjustment
concerning administrative review appeals, conditional use permit appeals,
variance appeals, or other appeals as authorized in this Zoning Ordinance.
F. Other
Permits - Additional permits may be required by the Administrative Official to
enforce the provisions of this Ordinance.
301.2 Compliance
with Other Codes, Statutes, and Regulations
Nothing in this section or other
sections of the Zoning Ordinance shall be construed to exempt any applicant
from a permit from compliance with all local, state and federal codes, statutes
and regulations.
301.3 Permit
Application Requirements and Procedures
All applications for permits shall
be accompanied by such plans and information as the Administrative Official
deems to be necessary to determine compliance and provide enforcement of this
Zoning Ordinance. The application
materials listed below shall be the minimum.
Additional information may be required.
All applications for building
permits shall be submitted to the appropriate Administrative Official. The applicant shall submit a completed
application form; a site plan or lot layout (as specified below); floor plans
of the proposed new structure or alterations of existing structure, drawn to
scale; building elevations of exterior of the new or existing structure or
structures; and any other information necessary for determining compliance with
this ordinance and/or the Kentucky Building Code. Two copies of all of the above information
shall be required. One copy of the plans
shall be returned to the applicant by the Administrative Official after each
copy has been marked as approved or disapproved, and attested to the same by
his/her signature on such copy. The
second copy of the plans, similarly marked, shall be retained by the
Administrative Official until such time that a Certificate of Occupancy is
issued, then the plans may be returned to the applicant, upon request. If approved, a permit will be issued upon
payment of a fee based on an approved Fee Schedule as posted in the Zoning
Administrators Office.
A. Building
Permits for Single Family and Two Family Dwellings - All applications for permits for detached
single family and two family dwellings and their accessory buildings shall be
accompanied by a lot layout drawn to scale showing the location and dimension
of any existing or proposed principal or accessory buildings on the lot, the
location and dimension of all required yards, easements, height of the building
and the location and dimension of the required parking.
B. Building
Permits for All Other Buildings - All applications for building permits,
including associated permits, other than those for single family or two family
dwellings and their accessory buildings, shall be accompanied by a site plan
drawn to scale showing the actual shape and dimension of the lot to be built
upon; including, but not limited to the following information:
1. Ingress
and egress to the property.
2. Off-street
parking and loading facilities, and other paving.
3. Refuse
and service areas; structures.
4. Water
and sewer utilities, indicating the size and access point of the services.
5. Screening
and buffering proposals (where applicable).
6. Proposed
sign locations.
7. Signature
of review and approval by the Health Department and, where applicable, County
Road Department and State Fire Marshall.
8. Storm
water drainage specifications and proposals; designed to the satisfaction of
the Planning Commission's engineer in accordance with the Subdivision
Regulations.
9. Reference
to the location of the site by either an address or firegate number, lot number
of a recorded plat and a vicinity sketch showing the site and surrounding roads
and other features necessary to determine the exact location of the site.
10. The
existing and intended use of each building or part of the building including
the number of existing and proposed dwelling units the building is designed to
accommodate.
11 Statement
that the use is located outside of the floodplain designated by the Federal
Insurance Administration, or an indication of the actual location of the site
and its’ accessory uses within the floodplain.
12. Show
adjacent zones.
13. The
applicant shall be required to supply such supplementary information as
necessary to comply with all requirements of this Section 301.4, to insure
compliance with all requirements of the Zoning Ordinance.
Other Approvals - If this Zoning
Ordinance requires approval by another agency of certain site plan features,
such approval shall be obtained prior to issuance of a building permit.
Previous submission of development
plans as a requirement to map amendment applications and/or approved
subdivision plats may fully, or in part, satisfy the requirements of this
section. Where a development plan has
been approved by the Planning and Zoning Commission as a condition to a zoning
district map amendment, building permits shall be issued in accordance with said plan.
C. Grading Permits - Grading permits may
be issued by the Zoning Administrator for grading, stripping, excavating,
filling or stockpiling of earth or land as a part of any approved construction
plan pertaining to subdivision development, site design proposals and/or development
plans. Plans submitted shall provide
sediment control measures as required in the Subdivision Regulations and must
be designed to the satisfaction of the Planning Commission's engineer. No grading permit shall be required for the
following:
1. Finished
grading and excavation below finished grade (a) for basements and footings of a
single-family or duplex residential structure, (b) for retaining walls, (c) for
swimming pools, (d) for cemeteries for human or animal burial, or (e) for
accessory structures related to single-family residences or duplex structures
authorized by a valid building permit.
2. Accepted
agricultural land management practices such as plowing, cultivation, and
construction of agricultural structures.
3. Installation
of lateral sewer lines, telephone lines, electricity lines, gas lines, or other
public service facilities.
301.4 Certificates
of Occupancy
It shall be unlawful to use or
occupy or permit the use or occupancy of any building or premises, or both, or
part thereof hereafter created, erected, changed, converted or wholly or partly
altered or enlarged in its use or structure until a Certificate of Occupancy
shall have been issued therefore by the Administrative Official stating that
the proposed use of the building or land conforms to the requirements of this
ordinance.
Temporary Certificates of
Occupancy - A temporary certificate of
occupancy may be issued by the Administrative Official for a period not
exceeding six (6) months during alterations, or partial occupancy of a building
pending its completion in accordance with general rules or regulations
concerning such temporary certificate and with such additional conditions or
safeguards as are necessary in the circumstances of the case to protect the
safety of the general public.
301.5 Expiration
of Building Permit
If the work described in any
building permit has not begun within ninety (90) days from the date of issuance
thereof, said permit shall expire; it shall be canceled by the Administrative
Official, and written notice thereof shall be given to the persons affected.
If the work described in a
building permit has not been completed and a Certificate of Occupancy has not
been issued within one year of the date
of the issuance thereof, said permit shall expire and be canceled by the
Administrative Official, and written notice thereof shall be given to the
persons affected, together with notice that further work as described in the
canceled permit shall not proceed unless and until a new building permit has
been obtained. A building permit may be
extended for a period of up to six (6) months.
Application for extension of said permit must occur within thirty (30)
days of the expiration date of the original building permit. Buildings subject to review and permitting by
the State Department of Housing Building and Construction are exempt from the
one (1) year restriction. No refund
shall be made of any fees for building permits so judged to be expired or that
have been canceled, nor shall any additional fees be imposed for any extension
thereof. There shall be a fifty
percent (50% ) refund of the fee for a building permit, if
the request for refund is made within forty-five (45) days of the date that the
building permit was issued.
301.6 Construction
and Use to be as Provided in Applications, Plans, Permits, and Certificates of
Occupancy
Building permits or Certificates
of Occupancy issued on the basis of plans and applications
approved by the Administrative Official authorize only the use, arrangement and
construction set forth in such approved plans and applications, and no other
use, arrangement, or construction. Use,
arrangement or construction at variance with that authorized shall be deemed in
violation of this ordinance and punishable as provided by Section 304 hereof.
302 Schedule
of Fees and Expenses
The legislative bodies adopting
this ordinance do hereby grant the Planning Commission and Board of Adjustment
the power to establish a reasonable schedule of fees, charges, and expenses and
a collection procedure for certificates of
occupancy, appeals, applications
for amendments, and other matters pertaining to this ordinance. The schedule of fees shall be posted in the
office of the Administrative Official, and may be altered or amended as the Planning
Commission and/or Board of Adjustment see fit.
Until all applicable fees,
charges, and expenses have been paid in full, no action shall be taken on any
application or appeal.
303 Complaints
Regarding Violations
Whenever a violation of this ordinance
occurs, or is alleged to have occurred, any person may file a written
complaint. Such complaint stating fully
the causes and basis thereof, shall be filed with the Administrative Official. The Official shall record properly such
complaint, immediately investigate and take action thereon as provided by this
ordinance.
304 Penalties
for Violation
For failure to pay any required
permit fee when due, a penalty of one hundred percent (100%) of the required
permit fee is hereby imposed, and shall be increased to fifty ($50.00) per day
from the date of written notice from the Commission until a permit is applied
for. Such penalties shall be in addition
to other penalties imposed by this ordinance.
Violation of the provisions of any
zoning ordinance or failure to comply with any of requirements herein including, but not
limited to, violations of conditions and safeguards established in connection
with grants of variance or special exceptions and violations of 503.3 (F) shall
constitute a misdemeanor. Any person who
violates this ordinance or fails to comply with any of its requirements shall
upon conviction thereof be fined not more than two-hundred and fifty dollars
($250) or imprisoned in the county jail for not more than ninety (90) days, or
both, and in addition, shall pay all costs and expenses involved in the
case. Each day such violation continues
shall be considered a separate offense; provided, however, that the total term
of imprisonment for any violator may not exceed twelve (12) months. (Amended
April 2002)
The owner or tenant of any
building, structure, premises, or part thereof, and any architect, builder,
contractor, agent, or other person who commits, participates in, assists in, or
maintains such violation may each be found guilty of a separate offense and
suffer the penalties herein provided.
Nothing herein contained shall
prevent the Legislative Body from taking such other lawful action as is
necessary to prevent or remedy any violation.