APPENDIX C – ZONING REGULATIONSAPPENDIX C – ZONING REGULATIONS\Article 16 ‐ Administration

A.    Legislative and Quasi‐Judicial Regulation of Land Use: The City shall regulate land use as provided by K.S.A. 12‐741, et. seq., and appoint a Planning and Zoning Commission by City ordinance; said Commission shall prepare and adopt bylaws for the conduct of their business, including adoption of a comprehensive plan.

B.    Office of the Zoning Administrator:

1.     Authorization: A Zoning Administrator shall be appointed by the City Council and shall be responsible for the enforcement of these regulations.

2.     Duties of the Zoning Administrator: The Zoning Administrator shall enforce these regulations and in addition thereto and in furtherance of said authority shall:

a.     Approve and issue all zoning and occupancy certificates and make and maintain records thereof.

b.    Conduct inspections of structures and uses of land to determine compliance with the provisions of the zoning regulations.

c.     Receive, file, and forward to the Board of Zoning Appeals the records in all appeals and all applications for variances.

d.    Maintain permanent and current records of the zoning regulations including, but not limited to, all zoning maps, amendments, variances, appeals, applications and records of hearings.

e.     Maintain for distribution to the public a supply of copies of the zoning map or maps, the compiled text of the zoning regulations, and the rules of the Board of Zoning Appeals.

C.    Building Permits:

1.     Building Permits: Unless a building permit shall first have been obtained from the Office of the Zoning Administrator:

a.     The construction, moving, reconstruction or structural alteration of any structure shall not be commenced; and,

b.    The improvement of land preliminary to any use of such land shall not be commenced.

c.     Any building permit issued in conflict with the provisions of these regulations shall be null and void.

2.     Application for Building Permit: Every application for a building permit shall include at least the following:

a.     A plat, in duplicate, of the piece or parcel of land, lot, lots, block or blocks, or parts or portions thereof, drawn to scale showing the actual dimensions of the piece or parcel, lot, lots, block or blocks, or parts or portions thereof, according to the recorded plat of such land.

b.    A plot plan, in duplicate, drawn to scale and in such form as may, from time to time, be prescribed by the Zoning Administrator, showing the location, ground area, height, and bulk of all present and proposed structures, drives and parking lots, the structure lines in relation to lot lines, waste disposal areas, the use to be made of such present and proposed structures on the land, and such other information as may be required by the Zoning Administrator for the proper enforcement of these regulations.

       One copy of both the plat and the plot plan shall be retained by the Zoning Administrator as a public record.

3.     Issuance of Building Permit: A building permit shall be either issued or refused by the Zoning Administrator within ten days after the receipt of an application or within such further period as may be agreed to by the applicant. No building permit shall be issued unless all the zoning requirements of these regulations are met.

4.     Period of Validity: A building permit shall become null and void six months after the date on which it is issued unless within such six‐month period construction, structure, moving, remodeling or reconstruction of a structure is commenced or a use is commenced.

5.     Occupancy Certificates: No structure or addition thereto constructed, built, moved, remodeled or reconstructed after the effective date of these regulations, shall be occupied or used for any purpose; and no land vacant on the effective date of these regulations shall be used for any purpose; and no use of any land or structure shall be changed to any other use, unless an occupancy certificate shall first have been obtained from the office of the Zoning Administrator certifying that the proposed use or occupancy complies with all the provisions of these zoning regulations.

6.     Application for Occupancy Certificate: Every application for a building permit shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new or changed use of land or structures where no building permit is required shall be filed with the Office of the Zoning Administrator and be in such form and contain such information as the Zoning Administrator shall provide by general rule.

7.     Issuance of Occupancy Certificate: No occupancy certificate for a structure or addition thereto constructed, built, moved, remodeled or reconstructed after the effective date of these regulations, shall be issued until such work has been completed and the premises inspected and certified by the office of the Zoning Administrator to be in full and complete compliance with the plans and specifications upon which the building permit was issued. No occupancy certificate for a new use of any structure or land shall be issued until the premises have been inspected and certified by the office of the Zoning Administrator to be in full and complete compliance with all the applicable regulations for the zoning district in which it is located. Pending the issuance of a permanent occupancy certificate, a temporary occupancy certificate may be issued to be valid for a period not to exceed six months from its date pending the completion of any addition or during partial occupancy of the premises. An occupancy certificate shall be issued, or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, within ten days after the receipt of an application therefore, or after the office of the Zoning Administrator is notified in writing that the structures or premises are ready for occupancy.