It shall be the duty of the Zoning Administrator to enforce the provisions of this Code and to refuse to issue any permit for any building, or for the use of any premises, which would violate any of the provisions of this Code. It shall also be the duty of all officers and employees of South Hutchinson, Kansas, to assist the Zoning Administrator by reporting any seeming violation in new construction, reconstruction or land use. In case any building is erected, constructed, reconstructed, moved, altered, repaired or converted or any building or land is used in violation of this Code, the Zoning Administrator is hereby authorized and directed to institute any appropriate action to put an end to such violation.

No building, structure, or addition thereto constructed, built, moved, remodeled or reconstructed after the effective date of this Code shall be occupied or used for any purpose; and no land vacant on the effective date of this Code shall be used for any other purpose; and no use of any land or structure shall be changed to any other use, unless a building permit shall first be applied for and a Certificate of Occupancy be obtained from the Zoning Administrator certifying that the proposed use or occupancy complies with all the provisions of this Code.

The application for a building permit shall be made on forms provided by the Zoning Administrator and shall be accompanied by a site plan of the real estate upon which said application is made. Said site plan shall be drawn to scale showing the following items:

1.    Legal description of the real estate involved.

2.    Location and size of all buildings, structures, yards and open space.

3.    Width and length of all entrances and exits to and from said real estate.

4.    All adjacent and adjoining road or highways.

5.    Sufficient grades and elevations to establish the proper placement of buildings, adequate sewage disposal systems, the proper drainage of the property, and the applicability of possible floodplains.

6.    Location and specifications of all signs, lighting, fencing, screening, landscaping and other such site improvements.

Site plans so furnished shall be filed by the Zoning Administrator and shall become a permanent record. A record of all building permit applications shall be kept on file in the Office of the Zoning Administrator.

An application for a building permit shall be accompanied by such fee as shall be officially specified by resolution of the Governing Body from time to time.

A building permit shall be either issued or refused by the Zoning Administrator within 10 working days after the receipt of the application for said building permit, or within such further period as may be agreed to by the applicant. When the Zoning Administrator refuses to issue a building permit, the applicant shall be advised of the reasons for the refusal in writing.

A building permit issued in accordance with the provisions of this Code may be revoked by the Zoning Administrator if he finds that prior to the completion of the structure for which the building permit was issued there is a departure from the approved plans, specifications and/or requirements or conditions required under the terms of the building permit, or the same was issued under false representation, or that any other provisions of this Code are being violated.

Failure, refusal or neglect of any property owner, or his authorized representative, to apply for and secure a valid building permit, including the payment of the prescribed fee, shall be reason for the issuance of a “stop order” by the Zoning Administrator; provided said owner or authorized representative shall have been notified in writing at least 48 hours prior to the issuance of said stop order that he is in violation of Codes of the City. Said stop order shall be posted on or near the property in question, in a conspicuous place and no further construction shall proceed. Where such construction has proceeded without filing for and receiving a valid permit, the fee for the issuance of a subsequent building permit shall be quadrupled.

A building permit shall become null and void ninety (90) days after the date on which it is issued unless within such ninety (90) day period construction, building, moving, remodeling or reconstruction of a structure is commenced or a Certificate of Occupancy is issued. A building permit shall expire upon issuance of a Certificate of Occupancy as specified herein, or within one (1) year from the date of issuance of the building permit, regardless of the state of completion of the construction authorized by said building permit. Any construction not completed when a building permit expires shall cease and no new construction may commence until such time as a newly issued building permit is issued in conformance with this Article and this Code.

1.    No new or existing building or structure shall be occupied or used, and no change in the character or use of land or of a building shall occur, until a Certificate of Occupancy has been issued by the Zoning Administrator certifying that such building or use complies with all requirements of this Code and all other applicable City codes and ordinances.

2.    A Certificate of Occupancy may be withdrawn for any building, structure or use if such building, structure or use is found in noncompliance with the regulations of this Code and/or any other city code or ordinance.

3.    Withdrawal of a Certificate of Occupancy may only be appealed by submitting a written notice of appeal to the Board of Zoning Appeals to the City Clerk’s office within ten (10) days of the date that notice of withdrawal of such Certificate of Occupancy is served upon the owner or occupant of the affected Premises.  Notice shall be deemed served upon the owner and/or occupant of any Premises:

a.    Upon personal delivery of such written notice to such owner or occupant by City officer or the Sheriff’s Office of Reno County, Kansas;

b.    Upon personal delivery of such written notice to such owner or occupant by process server;

c.    Following an unsuccessful attempt to deliver personal notice to the owner or occupant at the Premises by any City officer or Reno County Sherriff’s Office personnel, upon the posting of such written notice at the Premises and mailing of such written notice to the mailing address of the owner of the Premises currently on file with the Reno County Treasurer’s Office (if such a mailing address exists).

The Zoning Administrator shall periodically report in writing to the Governing Body and Planning Commission a summary of all building permits and Certificates of Occupancy issued during the preceding period, giving details of any permitted variations, as well as the current status of all applications in process for amendments, conditional uses, appeals, and variances. Such report shall include comments on any problems encountered in the administration of this Code which may need correction by amendment to this Code.

A manufactured home on an individual lot may be authorized by the Zoning Administrator by issuance of an Administrative Permit on an emergency basis for a period not to exceed six (6) months, on any lot where the permanent dwelling unit has been destroyed by fire, storm or other such calamity and the dwelling unit has been rendered uninhabitable. If the authorization for the emergency placement of such mobile home unit lasts longer than six (6) months, a Special Exception may be granted by the Board of Zoning Appeals for an additional period of time, provided, the procedures for approval of Special Exceptions outlined in Article 31 herein are followed.

In conformance with the provisions of K.S.A. 12-764, and any subsequent amendments, the following shall apply:

1.    The rights of landowners of properties platted or subdivided for residential development shall be protected for use of said land for the intended residential purposes for a period of five (5) years from the time in which such property was first platted or subdivided, provided:

a.    Verifiable evidence is presented showing the date in which said plat or subdivision of land was first created. Acceptable evidence shall be signed and sealed certificates or plats of survey from a Registered Land Surveyor showing the several lots proposed to be created, either dated or dated and recorded with the Register of Deeds; recorded Restrictive or Protective Covenants for the development; recorded deeds conveying land; or recorded Affidavits of Equitable interest on contracts for deed for said tracts of land.

b.    Within said five (5) year period actual sales occur resulting in separate owners on the tracts of land.

c.    The division of land was legally done in conformance with the then South Hutchinson Zoning Code and Subdivision Regulations.

2.    Except for lots in a recorded plat, any remaining contiguous tracts of land within the area divided under this rule held in common ownership at the conclusion of said five (5) year period shall be considered an unplatted lot and subsequent divisions of said lot shall be in conformance with the South Hutchinson Subdivision Regulations then in effect.

3.    Properties divided or platted for any use other than agricultural or residential purposes shall not be permitted to develop or further develop except in conformance with this Code and the South Hutchinson Subdivision Regulations. Persons who obtain a validly issued permit under the previous South Hutchinson Zoning Code shall be permitted to develop the property so long as the permit issued under the previous South Hutchinson Zoning Code does not expire. Failure to start construction under said permit before the expiration of the permit shall not protect the owner from the provisions of this Code or the South Hutchinson Subdivision Regulations then in effect.

If, in the concurrent opinion of the City Attorney and the Zoning Administrator, the strict application of one or more provisions of this Code or the South Hutchinson Subdivision Regulations will create a manifest injustice to a property owner and variance or exception relief is not otherwise herein provided, the City Attorney and the Zoning Administrator may jointly issue an administrative exception from said provisions. The administrative exception shall be in writing, dated and signed by both the City Attorney and the Zoning Administrator and filed with the zoning variance case decisions. The City Attorney and the Zoning Administrator may establish conditions for the administrative exception to remain in force. An administrative exception is solely an equitable remedy, within the complete and absolute discretion of the City Attorney and the Zoning Administrator, and therefore is not subject to administrative, legislative or judicial review. The fee to request an administrative exception is the same fee amount as the application fee for a zoning variance.