[Ord. No. 9.004 Art. XII, 2-22-1972; Ord. No. 9.054 §§1, 3, 12-13-2004; Ord. No. 9.061 §1, 7-9-2007]
A. 
It shall be the duty of the Administrative Officer to enforce the provision of this Chapter in the manner and form and with the powers provided in the laws of the State of Missouri and in the ordinances of the City.
B. 
The Superintendent of Public Works is hereby designated as the person to act as the Administrative Officer in the enforcement of this Chapter.
[Ord. No. 9.004 Art. XII §1, 2-22-1972; Ord. No. 9.054 §1, 12-13-2004; Ord. No. 9.061 §1, 7-9-2007; Ord. No. 9.113, 9-9-2019]
A. 
No building, structure or mobile home trailer park subdivision shall be erected, constructed, reconstructed, enlarged or moved until a building permit has been applied for in writing and issued by the Administrative Officer. Before said permit may be issued, the plans and intended use shall indicate conformity in all respects to the provisions of this Chapter. A fee in accordance with the schedule listed in Section 405.450 shall be paid when making application for a building permit. Said permit shall be posted in a prominent place on the premises prior to and during the period of erection, construction, reconstruction and enlargement or moving.
B. 
All building permits for new construction, reconstruction, enlargement or moving of a building shall adhere to the sediment barrier requirements under Section 405.373 for less than one (1) acre and under Section 405.375 for more than one (1) acre.
[Ord. No. 9.114, 9-9-2019]
A. 
Land Disturbance Less Than One (1) Acre. Land disturbance activities associated with any structure requiring a building permit shall conform to the sediment and erosion control requirements of the City of Weston including compliance with the most recent version of the KC-APWA Standard Specifications and Design Criteria.
1. 
Building Permit Holder Responsibilities.
a. 
The building permit holder is responsible for the on-going maintenance of all lot specific sediment and erosion control devices.
b. 
At no time during construction shall sediment be allowed to enter the storm drainage system.
c. 
Lot specific sediment and erosion controls shall be inspected at least once a week and after each rainfall. Any deficiencies in the sediment and erosion controls noted during these inspections shall be corrected immediately.
d. 
Temporary driveways are to be installed immediately after foundation walls are backfilled. The default approach shall be to rock driveways to a minimum depth of four (4) inches and a minimum width of twelve (12) feet for the entire length of the driveway. Rock shall be three-fourths inch (3/4") or larger coarse aggregate. If an alternative to the above is desired, a plan may be submitted to the Superintendent of Public Works or his/her duly designated alternate for approval. All deliveries of material to the site shall be required to use the temporary driveway.
e. 
The building permit holder is responsible for ensuring that mud, dirt, rocks, sticky substances, litter and/or other foreign matter are not allowed to erode onto City streets and sidewalks, nor tracked onto the streets by construction vehicles. Contractors and subcontractors shall only park their vehicles on a stabilized drive or on the street. Should any mud or other debris be tracked onto the street, the contractor shall take immediate steps to have it removed.
f. 
Measures must be taken to control waste that may have an adverse impact on water quality. Such waste includes discarded building materials, concrete truck washouts, chemicals, litter, and sanitary waste.
g. 
Land disturbance related to construction of single-family or accessory structures on large vegetated rural sites may not require specific controls if the disturbed area is over one hundred (100) feet from any property line or watercourse. If it is determined that sediment is leaving the site, the property owner will need to establish sediment and erosion controls.
2. 
Maintenance.
a. 
Sediment fences shall be inspected by the permit holder at least once a week and after each rainfall. Any necessary repairs shall be made immediately.
b. 
If the fabric of the sediment fence should collapse, tear, decompose, or become ineffective, it shall be replaced promptly.
c. 
Sediment deposits shall be removed as necessary to provide adequate storage volume for the next rain and to reduce pressure on the fence. Care shall be taken to avoid damaging or undermining the fence during cleanout. Sediment accumulation should not exceed half (1/2) the height of the fence.
d. 
If the utilities are installed after sediment and erosion controls have been put in place, the building permit holder is responsible for control of sediment and erosion during the construction process and they are responsible to ensure that all controls are reinstalled per the original design.
3. 
Final Grading.
a. 
Sediment and erosion control devices may be removed in order to complete final grading and sodding of a lot. If sodding of the lot is delayed, the building permit holder is required to maintain the sediment and erosion control devices until the sod can be put down. If the lot is to be seeded and mulched, sediment and erosion control devices should remain in place until vegetation is established.
b. 
Land disturbance is considered to be complete when the site is stabilized. The site is considered to be stabilized when perennial vegetation, pavement, buildings, or structures using permanent materials cover all areas that have been disturbed. With respect to areas that have been vegetated, vegetative cover shall be at least seventy percent (70%) of fully established plant density over one hundred percent (100%) of the disturbed area.
c. 
Vegetation cover shall be established before an occupancy permit may be issued except that a temporary occupancy permit may be issued by the Superintendent of Public Works. In order to receive a temporary certificate of occupancy the following are required:
(1) 
At the time of final inspection all sediment and erosion controls shall be installed and functioning as intended.
(2) 
Documentation is provided proving an escrow account has been established to guarantee exposed areas will be reestablished with vegetation pursuant to this order. Said escrow fund must be held by a valid third party and should be in the amount of the cost to complete the reestablishment of vegetation plus fifty percent (50%). The Superintendent of Public Works, or duly designated alternate, reserves the authority to reject any escrow documentation and thus not issue the temporary certificate of occupancy if the escrow amount is deemed to not be sufficient to reestablish vegetation pursuant to this order.
(3) 
Sediment and erosion controls must remain in place and in proper working order until vegetation cover is established.
d. 
If it is determined by the City Inspector or Superintendent of Public Works that any ground adjacent to the lot, regardless of ownership, has been disturbed by the building permit holder, vegetation must be established on the disturbed ground prior to issuing an occupancy permit.
4. 
Enforcement.
a. 
By the time the ground rough plumbing inspection is requested, all sediment and erosion control devices shall be in place unless the City Inspector or Superintendent of Public Works determines that the sediment and erosion control devices must be installed earlier. If the building permit holder fails to install the proper sediment and erosion control measures, the building inspection will be denied, and the building permit holder shall be deemed in violation of this Zoning Order.
b. 
If the City Inspector or Superintendent of Public Works concludes that sediment and erosion control devices are not adequate or functioning properly for any reason, the scheduled inspection will not be performed, and the building permit holder will be required to reschedule the inspection.
c. 
Authority. The Superintendent of Public Works or his/her duly designated alternate are hereby authorized and directed to enforce all the provisions of this Section.
d. 
Stop-Work Order. In the event that any person holding a land disturbance or building permit pursuant to this Section violates the terms of the permit, or implements site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the City of Weston may suspend or revoke the land disturbance or building permit.
e. 
Violations. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this Section. Any person violating any of the provisions of this Section shall be deemed guilty of a misdemeanor, and each day during which any violation of any of the provisions of this Section is committed, continued or permitted, shall constitute a separate offense.
f. 
Penalty. Failure to comply with the provisions of this Section shall be deemed a violation of this Zoning Order and upon conviction thereof subject to the penalties and relief set forth in Article IX, Section 405.470.
g. 
Other Laws. Neither this Section nor any administrative decision made under it exempts the permit holder from other requirements of local, State, and Federal laws, or from procuring other required permits, including any State or Federal stormwater permits authorized under the National Pollutant Discharge Elimination System (NPDES), or limits the right of any person to maintain, at any time, any appropriate action at law or in equity, for relief or damages against the permit holder or any person arising from the activity regulated by this Section.
[Ord. No. 9.115, 9-9-2019]
A. 
Purpose And Scope.
1. 
Purpose And scope. The purpose of these regulations is to control soil erosion on land that is undergoing land disturbance activities for non-agricultural uses and to prevent sediment and soil erosion from being transported onto adjacent property and into streams, rivers, lakes, ponds, or other areas. The regulations are intended to do the following:
a. 
Protect and enhance the water quality of watercourses, water bodies, and wetlands.
b. 
Minimize soil erosion and sedimentation caused by land disturbance activities.
c. 
Reduce maintenance costs of public and private improvements and services.
d. 
Promote and protect the public's health, safety, comfort, and welfare.
2. 
The property owner is responsible for the land disturbance activities including the protection of downstream and adjacent properties from siltation and erosion. All necessary steps shall be taken to prevent sediment and soil erosion from being transported onto adjacent properties and into streams, rivers, lakes, ponds or other areas.
B. 
Definitions. For the purpose of this Section 405.375, certain terms, phrases, words and their derivatives shall be defined as specified in this Section. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Words in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. The following terms shall have the following meanings in the Section 405.375. In the event of a conflict between the terms in Article I, Section 405.010 and the terms defined herein, this Section 405.375 shall control.
BEST MANAGEMENT PRACTICES (BMPs):
Physical facilities, schedules of activities, prohibitions of practices, maintenance procedures, and other management practices which, when property designed, installed and maintained, will be effective to prevent or reduce the discharge of water or air pollution associated with land disturbance activities.
CLEARCUTTING
Cutting essentially all trees in a given area.
CLEARING:
Any activity by which vegetative cover, structures or surface material are removed, including, but not limited to, surface layer, root or topsoil removal.
DRAINAGE WAY
Any channel that conveys surface runoff within, through and/or away from the site.
EROSION
The wearing away of land by the action of wind, water, gravity, ice, or artificial means, and/or land disturbance activities.
EROSION CONTROL
Measures that prevent erosion.
GRADING
Excavation or fill material, including the resulting conditions thereof.
LAND DISTURBANCE
Any activity that changes the physical conditions of landform, vegetation and hydrology, creates bare soil, or otherwise may cause erosion or sedimentation. Such activities, include, but are not limited to: clearing, removal of vegetation, stripping, grading, grubbing, excavating, filling, logging and storing of materials.
LAND DISTURBANCE PERMIT
A permit issued by Platte County for the construction or alteration of ground improvements and structures for the control of erosion, runoff and grading.
PERENNIAL VEGETATION
Grass or other appropriate natural growing vegetation that provides substantial land cover, erosion protection and soil stability and that is capable of sustained and healthy growth over multiple years under the constraints of shade, temperature, and moisture that will be prevalent on the site.
PERIMETER CONTROL
A barrier that prevent sediment from leaving a site either by filtering sediment-laden runoff or diverting it to a sediment trap or basin.
PHASING
Clearing a parcel of land in distinct phases, with the stabilization of each phase before the clearing of the next.
SEDIMENT
Soils or other materials transported or deposited by the action of wind, water, gravity, ice, or artificial means.
SEDIMENT AND EROSION CONTROL PLAN
A plan for the control of sedimentation and erosion resulting from land disturbance activities, and may include, without being limited to, the drawings, specifications, construction documents, schedules, or other related documents upon with the best management practices to be used on a site are set forth, including such information as necessary to review the basis for their design and to ensure their proper installation, maintenance, inspection, and removal.
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site.
SITE
A parcel of land, or a contiguous combination thereof, where land disturbance work is performed as a single unified operation.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
TREE
Vegetative growth with a trunk six (6) inches in diameter and larger, measured three (3) feet above ground.
VEGETATIVE COVER
Any grasses, shrubs, trees and other vegetation that protects and stabilizes soils.
WATERCOURSE:
Any body of water, including, but not limited to, lakes, ponds, rivers, streams, and bodies of water which are delineated by Platte County.
WATERWAY
A channel that directs surface runoff to a watercourse, or to the public storm drain.
C. 
Permits, Fees, Application And Inspections.
1. 
Permits Required. The owner of all property on which any project disturbing one (1) or more acres is constructed, excluding agricultural use, shall obtain a land disturbance permit from the City of Weston. The property owner may also need to obtain any Federal, State or local permits for the project as required by any other entity. The property owner shall ensure that all contractors conform to and comply with all permits and conditions.
2. 
Application For Permit. Prior to any land disturbance activity of one or more acres, the property owner must obtain a land disturbance permit from the City of Weston. The City will issue a land disturbance permit when the following have occurred.
a. 
The Sediment and Erosion Control Plan has been submitted to and approved by the Superintendent of Public Works or his/her duly designated alternate.
b. 
Application for a land disturbance permit shall be made in writing by the property owner or developer of the site, or by an agent of the owner. Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm.
c. 
The application shall include a permit fee as ordered by the Board of Aldermen.
d. 
Each application shall include a statement that all land disturbance and construction activities shall be in accordance with the Sediment and Erosion Control Plan.
e. 
Review And Approval.
(1) 
Within thirty (30) days after receiving an application, the Superintendent of Public Works will determine its conformance with the provisions of this Section, and shall:
(a) 
Approve the permit application;
(b) 
Approve the permit subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or
(c) 
Disapprove the permit application, indicating the deficiencies and the procedure for submitting a revised application and/or submission.
(2) 
Failure of the City of Weston to act on original or revised applications within thirty (30) days of the receipt of the application, shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the applicant and the Superintendent of Public Works.
3. 
Exemptions. No land disturbance permit is required for the following activities:
a. 
Any emergency activity which is immediately necessary for the protection of life, property or natural resources.
b. 
Mowing, brush hog clearing, tree cutting (excluding clearcutting) or similar activities which do not grade, dig, excavate or otherwise remove or kill surface growth and root system of the vegetative cover.
c. 
Agricultural uses.
d. 
Federal and State Projects.
4. 
Permit Fees. A fee in accordance with the schedule listed in Section 405.440 shall be paid when making application for a land disturbance permit.
5. 
Inspection.
a. 
By applying for a land disturbance or building permit, the applicant consents to inspections of the proposed site and all work in progress.
b. 
The permittee shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved Sediment and Erosion Control Plan. The purpose of such inspections will be to determine the overall effectiveness of the control plan, the need for additional control measures, and the need for maintenance of existing control measures.
c. 
The City of Weston Superintendent of Public Works, or his/her duly designated representative, may enter the project site as deemed necessary to make regular inspections to ensure compliance with the approved Sediment and Erosion Control Plan.
6. 
Removal Of Temporary Sediment And Erosion Control Measures. Prior to land disturbance activities being considered complete, all temporary sediment and erosion control measures must be removed in the manner described in the Sediment and Erosion Control Plan unless authorized by the Superintendent of Public Works or his/her duly designated alternate. Such removal shall be complete prior to closure of the permit which authorized the land disturbance.
7. 
Completion. Land disturbance activities are considered to be complete when the site is stabilized. The site is considered to be stabilized when perennial vegetation, pavement, buildings, or structures using permanent materials cover all areas that have been disturbed. With respect to areas that have been vegetated, vegetative cover shall be at least seventy percent (70%) of fully established plant density over one hundred percent (100%) of the disturbed area.
8. 
Expiration Of Land Disturbance Permits. The land disturbance permit will expire one (1) year from the issue date of the permit. If the project completion date will be after the expiration date of the permit, then the permittee must reapply to the City of Weston for a new permit before the expiration of the existing permit.
9. 
Revocation Of Land Disturbance Permits. The Superintendent of Public Works or his/her duly designated alternate shall have the power to revoke any land disturbance permit failing to comply with the provisions of this Section.
10. 
Penalty. Failure to comply with the provisions of this Section shall be deemed a violation of the Zoning Order subject to the penalties set forth in Section 405.480.
D. 
Sediment And Erosion Control Plan.
1. 
For the land disturbance activities of one (1) or more acres, Sediment and Erosion Control Plan submitted to the City for review must be prepared and certified by a licensed professional engineer or by a certified professional in erosion and sediment control. The engineer must be licensed to practice in the State of Missouri,
2. 
The Sediment and Erosion Control Plan shall include, at a minimum, the following information:
a. 
The property owner's name, address and telephone number.
b. 
Location map.
c. 
Existing and proposed contours at two (2) foot intervals on USGA datum.
d. 
Clearing limits.
e. 
Delineation of the 100-year flood plain and floodway.
f. 
Location of proposed and existing utilities.
g. 
Proposed sediment and erosion control BMPs to be employed.
h. 
Phasing of sediment and erosion control measures.
i. 
Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type of rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures.
j. 
Maintenance and inspection requirements, including a plan for removal and disposal of trapped sediment.
k. 
Detailed drawings with proper identifications, dimensions, materials and other information necessary to insure the desired construction.
The Superintendent of Public Works or his/her duly designated alternate may require additional information or data deemed appropriate to ensure compliance with the intent, purpose and provisions of the City's sediment and erosion control regulations.
3. 
Modifications To The Plan.
a. 
Major amendments of the Sediment and Erosion Control Plan shall be submitted to the Superintendent of Public Works or his/her duly designated alternate and shall be processed and approved, or disapproved, in the same manner as the original plans.
b. 
Field modifications of a minor nature may be authorized by the Superintendent of Public Works or his/her duly designated alternate by written authorization to the permittee.
c. 
Additional sediment or erosion control measures may be needed if unforeseen sediment or erosion problems arise or if the submitted plan does not function as intended.
4. 
In addition to sediment, the Sediment and Erosion Control Plan shall provide for the control of other pollutants related to land disturbance activities that might cause an adverse impact to water quality, including, but not limited to, discarded building materials, concrete truck washout, fuel, hydraulic fluids, chemicals, litter, and sanitary wastes.
E. 
Design And Implementation Requirements. Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the most recent version of the Kansas City Metropolitan Chapter of the American Public Works Association (KC-APWA) Standard Specifications and Design Criteria, unless waived for good cause by the Superintendent of Public Works or his/her duly designated alternate, and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the Superintendent of Public Works or his/her duly designated alternate.
1. 
Clearing And Grading.
a. 
Clearing techniques that retain natural vegetation and retain natural drainage patterns, as descried in the KC-APWA Standard Specifications and Design Criteria, shall be used to the satisfaction of the City of Weston.
b. 
Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.
c. 
All excavations, grading or filling shall have a finished grade not to exceed a 3:1 slope. Steeper grades may be approved by the Superintendent of Public Works or his/her duly designated alternate if the excavation is through rock or if the excavation or the fill is adequately protected (a designed head wall or toe wall may be required). Permanent safety guards shall be constructed in accordance with the appropriate Section(s) of the adopted City Building Code.
2. 
Erosion Control.
a. 
Where land disturbance activities have temporarily or permanently ceased on a portion of a project site for over twenty-one (21) consecutive days, the disturbed areas shall be protected from erosion by stabilizing the areas with mulch or other similarly effective soil stabilizing BMPs, unless the timeframe for compliance is extended by the Superintendent of Public Works or his/her duly designated alternate. Where implementation of stabilization measures is precluded by snow cover, stabilization measures shall be initiated as soon as practical.
b. 
If vegetation erosion control methods, such as seeding, have not become established within thirty (30) days after initial seeding, the Superintendent of Public Works or his/her duly designated alternate, may require the site be reseeded, or that a non-vegetative option be employed.
c. 
On steep slopes or in drainage ways, special techniques that meet the design criteria outlined in the KC-APWA Standard Specifications and Design Criteria shall be used to ensure stabilization.
d. 
Techniques shall be employed to prevent the blowing of excessive dust or sediment from the site.
3. 
Sediment Controls.
a. 
Adjacent properties shall be protected by the use of a vegetated buffer strip, in combination with perimeter controls.
b. 
Where possible, settling basins shall be designed in a manner that allows adaptation to provide long-term stormwater management.
4. 
Waste Control.
a. 
Measures must be taken to control waste that may have an adverse impact on water quality. Such waste includes discarded building materials, concrete truck washouts, chemicals, litter, and sanitary waste.
b. 
All trash and solid waste from the site must be disposed of in accordance with State law. Dumpsters or other collection facilities must be provided as needed. Solid waste may not be buried on the site.
c. 
Concrete trucks should be allowed to wash only in locations where discharge is directed to a sediment basin. It is not permissible to discharge concrete wash directly into streams or storm drains.
d. 
Waste from sanitary facilities on the site may be disposed only in locations having a State permit.
5. 
Waterways And Watercourses.
a. 
When a wet watercourse must be crossed regularly during construction, a temporary stream crossing shall be provided, and an approval obtained from the Superintendent of Public Works or his/her duly authorized alternate.
b. 
When in-channel work is conducted, the channel shall be stabilized before, during, and after work.
c. 
All on-site stormwater conveyance channels shall be designed according to the criteria outlined in the KC-APWA Standard Specification and Design Criteria.
d. 
Stabilization adequate to prevent erosion must be provided at the outlets of all pipes and paved channels.
6. 
Construction Site Access.
a. 
A temporary construction entrance shall be provided at all sites.
b. 
Other measures may be required at the direction of the Superintendent of Public Works or his/her duly authorized alternate in order to ensure that sediment is not tracked onto public streets by construction vehicles or washed into storm drains.
c. 
Mud, dirt, rocks, sticky substances, litter and/or other foreign matter are not allowed to erode onto public streets, nor tracked onto the streets by construction vehicles. Should any mud or other debris be tracked onto the street, the contractor shall take immediate steps to have it removed.
7. 
Vegetation.
a. 
Vegetation practices shall conform to KC-APWA Standard Specifications and Design Criteria.
b. 
Seedings must be inspected for erosion or die out for at least a year. Bare and sparse areas shall be repaired by filling rills and gullies, refertilizing, reseeding, and mulching.
c. 
On slopes and channels were the erosion hazard is high, an appropriate type of erosion control blanket should be used.
8. 
Enforcement.
a. 
Authority. The Superintendent of Public Works or his/her duly designated alternate are hereby authorized and directed to enforce all the provisions of this Section.
b. 
Stop-Work Order. In the event that any person holding a land disturbance or building permit pursuant to this Section violates the terms of the permit, or implements site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the City of Weston may suspend or revoke the land disturbance or building permit.
c. 
Violations. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this Section. Any person violating any of the provisions of this Section shall be deemed guilty of a misdemeanor, and each day during which any violation of any of the provisions of this Section is committed, continued or permitted, shall constitute a separate offense.
d. 
Penalty. Failure to comply with the provisions of this Section shall be deemed a violation of this Zoning Order and upon conviction thereof subject to the penalties and relief set forth in Article IX, Section 405.470.
e. 
Other Laws. Neither this Section nor any administrative decision made under it exempts the permit holder from other requirements of local, State, and Federal laws, or from procuring other required permits, including any State or Federal stormwater permits authorized under the National Pollutant Discharge Elimination System (NPDES), or limits the right of any person to maintain, at any time, any appropriate action at law or in equity, for relief or damages against the permit holder or any person arising from the activity regulated by this Section.
[Ord. No. 9.004 Art. XII §1(A), 2-22-1972; Ord. No. 9.039 §1(A), 7-12-1993; Ord. No. 9.054 §1(A), 12-13-2004; Ord. No. 9.061 §1(A), 7-9-2007]
A. 
Every application for a building permit submitted to the Administrative Officer for the original initial construction of a residence shall be accompanied by a site plan prepared by a licensed surveyor or professional engineer, drawn to scale, showing the accurate dimensions of the lot, the building site, the location of all existing and proposed buildings, the structures and improvements on the lot and the yard. In addition, the Administrative Officer may, in his/her discretion, require a site plan as described above on other buildings or additions when in the judgment of the Administrative Officer a site plan is necessary in order to make a determination as to whether or not the location is in conformity with the ordinances of the City of Weston. The City Engineer, as the Administrative Officer to enforce the provisions of this Chapter, may consult with the Planning and Zoning Commission regarding questions of interpretation and may thereafter refer questions of interpretation to the Board of Aldermen for determinations regarding the issuance of building permits.
B. 
Every application for a building permit submitted to the Administrative Officer for the development of all non-residential, multi-family and planned development shall be subject to site plan review in accordance with the attached regulations. Similarly, redevelopment of any use in these categories shall be subject to site plan review if the redevelopment enlarges the size of the original structure by more than fifty percent (50%) in the case of a renovation or alteration. Building permits shall not be issued for any use of land or proposed construction where site plan review is applicable, unless site plan review approval has been granted.
[Ord. No. 9.054 §1(B), 12-13-2004; Ord. No. 9.061 §1(B), 7-9-2007]
Every application for a building permit submitted to the Administrative Officer and determined by the Planning and Zoning Commission to be development in an infill area may be subject to review by the Architectural Advisory Board.
[Ord. No. 9.004 Art. XII §1(B), 2-22-1972; Ord. No. 9.054 §1(C), 12-13-2004; Ord. No. 9.061 §1(C), 7-9-2007]
A. 
In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of health, safety, morals, convenience or the general welfare. The lot or yard areas required by this Chapter for a particular building or mobile home shall not be diminished (other than by the Board of Adjustment) and shall not be included as part of the required lot or yard areas of any other building.
B. 
The lot or yard areas of buildings existing at the time this Chapter became effective shall not be diminished below the requirements herein provided for buildings hereafter erected and such required areas shall not be included as a part of the required ares of any building hereafter erected
[Ord. No. 9.004 Art. XII §1(C), 2-22-1972; Ord. No. 9.054 §1(D), 12-13-2004; Ord. No. 9.061 §1(D), 7-9-2007]
Nothing in this Chapter shall require any change in the plans, construction or intended use of a building, the construction of which has been diligently prosecuted at least two (2) months preceding the date of this Chapter, and such entire building shall be completed within two (2) years from the date this Chapter became effective.
[Ord. No. 9.004 Art. XII §1, 2-22-1972; Ord. No. 9.054 §1(E), 12-13-2004; Ord. No. 9.061 §1(E), 7-9-2007]
No building permit for erection of any building or mobile home trailer park subdivision shall be issued before application has been made for a certificate of occupancy.
[Ord. No. 9.004 Art. XII §2, 2-22-1972; Ord. No. 9.054 §2, 12-13-2004; Ord. No. 9.061 §2, 7-9-2007]
A. 
A certificate of occupancy to be issued by the Administrative Officer shall be required for any of the following, except buildings incidental to agricultural operations:
1. 
Occupancy and use of a building or structure hereafter erected or enlarged.
2. 
Change in use of an existing building or structure.
3. 
Occupancy and use of vacant land except for agricultural operations.
4. 
Change in the use of land to a use of a different classification except for agricultural operations.
5. 
Any change in the use of a non-conforming use.
6. 
Occupancy in a mobile home trailer park subdivision.
B. 
No such occupancy, use or change of use shall take place until a certificate of occupancy therefore shall have been issued.
C. 
Written application for a certificate of occupancy for a new building or for an existing building which has been enlarged shall be made at the same time as the application for the building permit for such building. No fee shall be charged for an original certificate applied for, coincident with the application for a building permit; for all other certificates a charge of one dollar ($1.00) each. Said certificate shall be acted upon within four (4) days after a request for the same has been made to the Administrative Officer after the erection or enlargement of such building or part thereof has been completed in conformity with the provisions of this Chapter.
D. 
Pending the issuance of such a certificate, a temporary certificate of occupancy may be issued by the Administrative Officer for a period of not more than six (6) months during the completion of the construction of the building or of alterations which are required under the terms of any law or ordinance. Such temporary certificate may be renewed, but it shall not be construed in any way to alter the respective rights, duties or obligations of the owner or of the City relating to the use of occupancy of the land or building or any other matter covered by this Chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.
1. 
No temporary certificate of occupancy shall be issued for any incomplete requirements of the Building Code or Municipal Code which would result in substantial hazards or be injurious to the health, safety or welfare of any person or which would result in the violation of any ordinance of the City of Weston, Missouri, or the State of Missouri.
[Ord. No. 9.123, 10-13-2020]
E. 
Written application for a certificate of occupancy for the use of vacant land, or for a change in the use of land or of a building, or for a change in a non-conforming use, or for a mobile home trailer park subdivision as herein provided shall be made to the Administrative Officer.
[Ord. No. 9.006.2 §§1 — 2, 2-12-2001; Ord. No. 9.112, 9-9-2019]
A. 
Certain fees are hereby established for filing of applications to the Weston Board of Aldermen, the Planning and Zoning Commission and/or the Board of Adjustment, which fees are as follows:
Rezoning applications
Residential/agriculture
$75.00
Commercial/all others
$125.00
Board of Adjustment hearing
$ 50.00
plus any costs associated with recording said hearing.
Application for subdivision approval/preliminary plat
$100.00
plus $1.00 per lot up to $200.00
Application for special use exception
$ 75.00
Notice of public hearing deposit
$100.00
Land disturbance permit
$100.00
In the event the land disturbance permit is reviewed by an outside source, such as an engineering firm, the applicant to the permit will be responsible for payment of the review in the amount billed by the outside reviewer.
B. 
Those applications which require a "notice of public hearing" to be published in a local newspaper shall pay the actual cost of the notice.
[Ord. No. 9.006.3 §§1 — 2, 4-11-2005]
A. 
The following fees are established for building permits for the erection, construction, reconstruction, enlargement or moving of a building:
[Ord. No. 9.006.4 §1, 4-13-2015; Ord. No. 9.103, 2-12-2018; Ord. No. 9.121, 8-10-2020]
1.
Residential dwellings (for each residential dwelling) and additions to existing dwellings
$525.00
2.
Garage: detached and attached
$175.00
3.
Deck
$150.00
4.
Storage sheds up to 288 square feet and car ports
$50.00
5.
Gazebos
$125.00
6.
Remove dwelling units
$50.00
7.
Fences and walls
$50.00
8.
Swimming pools
Above ground
$50.00
Inground
$150.00
9.
Commercial and industrial building
Up to 3,000 square feet
$750.00
3,001 square feet plus
*add $0.10 per square foot
Plan checking fee: in order to determine compliance with the provisions of Chapter 500, when it is deemed necessary by the Administrative Officer to employ a person or firm to determine compliance with the provisions of Chapter 500, the cost of the plan review and inspection to determine compliance shall be paid by the permit holder. The permit holder shall pay the actual cost of the professional company to review the plans plus $150.00.
B. 
Upon payment of the fees established by this Section for a building permit and upon issuance of said building permit, subcontractors performing work on the project for which the building permit has been issued shall not be required to obtain a City business license as required by Ord. No. 3.004.9.