Chapter 17.15
ZONING ADMINISTRATION

Sections:

17.15.010    Zoning administrator.

17.15.020    Enforcement.

17.15.030    Inspection.

17.15.040    Administrative procedures and required certificates and permits.

17.15.050    Application.

17.15.060    Fees.

17.15.070    Zoning review.

17.15.080    Building permit.

17.15.090    Certificate of occupancy.

17.15.100    Expiration or cancellation of certificates and approvals.

17.15.110    Development to be in accordance with terms of certificate.

17.15.010 Zoning administrator.

A. There is hereby created the position of zoning administrator.

B. The zoning administrator shall be authorized to make reviews and approvals as set forth herein. [Code 2000 § 17-3-1].

17.15.020 Enforcement.

All department officials and public employees of West Point City who are vested with the duty or authority to issue permits shall conform to the provisions of this title and shall issue no permit, certificate, or license for uses, buildings, or purposes in conflict with the provisions of this title, and any such permit, certificate, or license issued in conflict with the provisions of this title, intentionally or otherwise, shall be null and void. [Code 2000 § 17-3-2].

17.15.030 Inspection.

A. The zoning administrator is hereby authorized to inspect or cause to be inspected all buildings and structures in the course of construction, modification, or repair and to inspect land uses to determine compliance with the provisions of this title.

B. The zoning administrator or any employee of West Point City who is authorized to represent the city shall have the right to enter any building for the purpose of determining the use thereof or to enter the premises for the purpose of determining compliance with the provisions of this title; provided, that such right of entry shall be exercised only at reasonable hours. [Code 2000 § 17-3-3].

17.15.040 Administrative procedures and required certificates and permits.

In order to secure compliance with the provisions of this title, and for such specific purposes as are set forth below, the following certificates, reviews, approvals and appeals are hereby established: zoning review, building permit, conditional use permit, site plan approval, performance standards review and certificate of occupancy. One or more such certificates, permits, reviews, or approvals are required for any structure or use as set forth elsewhere herein. The procedure and requirements for the issuance of such certificates and permits and the accomplishment of such reviews, approvals, and appeals are set forth herein. [Code 2000 § 17-3-4].

17.15.050 Application.

Application for all certificates, permits, reviews, approvals, and appeals shall be made to the zoning administrator. Applications shall be made on the respective forms provided and shall be accompanied by the fee and documents set forth herein. [Code 2000 § 17-3-5].

17.15.060 Fees.

The fee for each certificate, permit, variance, approval, or review shall be as established from time to time by resolution of the city council. [Code 2000 § 17-3-6].

17.15.070 Zoning review.

The application for a building permit shall be accompanied by a plot plan showing the lot lines and dimensions and locations of structures and improvements and all other data necessary to show that yard requirements and all other provisions of this title are fulfilled. The zoning administrator shall review the plot plan and if he finds that the building and premises and the use thereof conform with all requirements of this title, he shall so indicate by official signature on the building permit. [Code 2000 § 17-3-7].

17.15.080 Building permit.

A. From the time of the effective date of the ordinance codified in this title, the building inspector shall not grant a permit for the construction or alteration of any building or structure if such construction or alteration would be in violation of any of the provisions of this title; nor shall any municipal officer grant any permit or license for the use of any building or land if such use would be in violation of this title.

B. The building inspector shall not issue any permit unless:

1. The plans of and for the proposed erection, construction, reconstruction, alteration and use fully conform to all zoning regulations in effect for the district in which such building or use is proposed;

2. All review procedures in this title have been completed; and

3. All fees for documents and reviews have been paid. [Code 2000 § 17-3-8].

17.15.090 Certificate of occupancy.

A. No land shall be used or occupied and no building hereinafter structurally altered or erected shall be used or changed in use, except for agricultural purposes, until a certificate of occupancy shall have been issued by the zoning administrator, stating that the building or the proposed use thereof, or the use of the land, complies with the provisions of this title.

B. A like certificate shall be issued for the purpose of maintaining, renewing, changing, or extending a nonconforming use.

C. A certificate of occupancy, either for the whole or part of a building, shall be applied for coincidentally with the application for a building permit, and shall be issued within 10 days after the erection or structural alteration of such building, or part of building, shall have been completed in conformity with the provisions of this title and other applicable regulations. [Code 2000 § 17-3-9].

17.15.100 Expiration or cancellation of certificates and approvals.

A. Unless a longer time is specifically set forth at the time of issuance of the certificate, or unless an extension is granted by the issuing agency prior to expiration, each certificate or approval issued as set forth herein, and pursuant to which no construction is undertaken or work done, shall expire after 60 days.

B. Failure to comply fully with the terms of any special certificate or approval may be grounds for cancellation. Action to cancel any certificate or approval may be taken on proper grounds by the person or agency which issued it. No certificate or approval shall be canceled until after a hearing has been afforded the permittee. Not less than 10 days’ notice of a hearing on intention to cancel a certificate or approval shall be given such permittee. An action canceling a certificate or approval by the zoning administrator or planning commission shall be appealable in the same manner as the original action. [Code 2000 § 17-3-10].

17.15.110 Development to be in accordance with terms of certificate.

Upon issuance of any special certificate or approval as provided herein, the planning commission shall require that the development or operation in question proceed only in accordance with the terms of such special certificate including any requirements or conditions established as a condition of the issuance of such certificate or approval of plans. No building permit required in connection with such proposed development or operation shall be issued until all permits, reviews, or approvals required by this title have been secured. Except as specifically provided herein, the securing of one required review or approval shall not exempt the recipient from the necessity of securing any other review or approval required in the particular case. [Code 2000 § 17-3-11].