Crestwood - Procedures

Conditional Use

Any use existing at the time of adoption or amendment to this article and which is permitted as a conditional use in a district under the terms of this article or amendment shall be deemed a conforming use in such district, and shall without further action be considered a conforming use.

See § 26-302: Conditional use permit procedure. for permit procedures. You can find the conditional use permit here.

Fees

The Board of Aldermen shall establish a schedule of fees, charges, and expenses, and a collection procedure for building permits, certificates, appeals, and other matters pertaining to this article. The schedule of fees shall be posted in the office of the Director of Public Works and may be altered or amended only by the Board of Aldermen. No permit, certificate, conditional use, approval, or variance shall be issued unless or until such costs, charges, fees or expenses listed in this article have been paid in full, nor shall any action be taken on proceedings before the Board of Aldermen, unless or until fees have been paid in full.

Nonconforming Uses

The provisions of this division shall apply to all nonconforming uses, lands, and structures. A nonconforming land use or structure is one which existed lawfully whether by variance or otherwise, on the date this article or any amendment thereto became effective, and which fails to conform to one or more of the applicable regulations of this article or such amendment thereto.

Such nonconformities may be incompatible with and detrimental to permitted land uses and structures in the zoning districts in which they are situated; they inhibit present and future development of nearby properties; and they confer upon their owners and users a position of unfair advantage.

See DIVISION 8: Nonconforming Uses for more information.

Permits

(a) Building permits.

(1) It shall be unlawful to commence or to proceed with the erection, construction, reconstruction, conversion, alteration, enlargement, extension, razing, or moving of any building or structure or any portion thereof without first having applied, in writing, to the Director of Public Works for a building permit to do so and a building permit having been granted therefor. Primary responsibility for securing the necessary permits shall be the property owner's. If the property owner should contract part or all of the proposed work, it shall be the responsibility of both the owner and contractor to ensure that all required permits and approvals have been secured prior to any work being initiated.
(2) Blank forms shall be provided by the Director of Public Works for the use of those applying for permits as provided in this article. Any permits issued by the Director of Public Works shall be on standard forms for such purpose. There shall be a separate permit for each building or structure to be constructed, altered, or erected, except for accessory buildings, which may be included in the permit for the principal building when construction is simultaneous.
(3) Any building permit issued in a residential zoning district shall expire if no construction work has commenced within six months after the date of issuance of the permit or if the proposed construction has not been completed within 12 months after the date of issuance of the permit. The permit may be extended prior to its expiration upon written application to the Director of Public Services, who may extend the permit for no more than six months, upon good cause shown for failing to commence or complete construction. No additional permit fee shall be charged for a permit extension requested prior to expiration of the original permit, unless the Director of Public Services determines that there was not good cause shown for failing to commence or complete construction. No permit shall be extended more than two times, unless a new permit fee is submitted.
(4) Any building permit issued in a nonresidential zoning district shall expire if no construction work has commenced within six months after the date of issuance of the permit or if the proposed construction has not been completed within 24 months after the date of issuance of the permit. The permit may be extended prior to its expiration upon written application to the Director of Public Services, who may extend the permit for no more than six months, upon good cause shown for failing to commence or complete construction. No additional permit fee shall be charged for a permit extension requested prior to expiration of the original permit, unless the Director of Public Services determines that there was not good cause shown for failing to commence or complete construction. No permit shall be extended more than two times, unless a new permit fee is submitted.

(b) Voiding of building permit. A permit may be revoked by the Director of Public Works at any time prior to the completion of the building or structure for which the same was issued, when it shall appear to him that there is departure from the plans, specifications, or conditions as required under terms of the permit, that the same was procured by false representation, or that any provisions of this article are being violated. Written notice of such revocation shall be served upon the owner, his agent, or contractor, or upon any person employed on the building or structure for which such permit was issued, via a stop-work order, which shall be posted in a prominent location, and thereafter no such construction shall proceed.
(c) Occupancy permits. No building or structure or part thereof, other than a single-family residence shall hereafter be constructed or altered until issuance of a proper permit. No new use, extension or alteration of an existing use, or conversion from one use to another, shall be allowed in any building, structure or land or part thereof until issuance of a proper permit; except that no permit shall be required for the raising of agricultural crops, orchards or forestry. No occupancy permit shall be issued for any use or change in use unless such use or change in use is in conformity with the provisions of this article.
(d) Floodplain certification. Applications for flood plain certification shall be upon the form designated by the Director of Public Works, and shall include the locator number of the parcel of land for which certification is sought.
(e) Compliance with permits and certificates. Permits or certificates issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this article and punishable as provided by § 26-326 herein.

For fencing, please see the permit, located here.

Permitted

Public Works Fee Schedule

In accordance with the Municipal Code of the City of Crestwood, the Board of Aldermen approves the following schedule of fees (Corresponding code provisions in parentheses):

Commercial Zoning Review/Fire (§ 7-2) $400.00, plus $4.00 for every $1,000.00 in construction costs
Residential Zoning Review/Fire (§ 7-2) $200.00, plus $3.00 for every $1,000.00 in construction costs
Rezoning (§ 26-342)........................................................................................................... $750.00
Board of Adjustment Review (§ 26-366)............................................................................ $500.00
Site Plan Review (§ 26-283)................................................................................................ $500.00
Site Plan Review – Planned Development (§ 26-168)...................................................... $1,000.00
Boundary Adjustment (§ 26-130.7) ................................................................................... $200.00
Dumpster Permit (§ 23-14).................................................................................................... $50.00
Home Occupation Permit (§ 26-187).................................................................................... $25.00
Commercial Occupancy, including Re-Occupancy Permit (§ 26-323)................................ $150.00
Commercial Temporary Occupancy Permit .......................................................................... $50.00
Demolition Permit (§ 7-14)................................................................................................. $126.00
Sign Permit (§ 22-5).............................................................................................................. $75.00
Temporary Sign (§ 22-5)....................................................................................................... $20.00
Sign Variance (§ 22-3)........................................................................................................ $100.00
Utility Right of Way (§ 24-79).............................................................................................. $75.00
Grading (§ 7-82)................................................................................................................... $75.00
Special Event (§ 24-100)....................................................................................................... $79.00
Conditional Use Permits (§ 26-302).................................................................................... $500.00
Fence Permit (§ 26-185)........................................................................................................ $50.00
Rental Inspection – new (§ 7-125)....................................................................................... $290.00
Rental Inspection – re-inspection (§ 7-125)........................................................................ $150.00
Additional Fire Inspection Fees
In addition to the fees set forth above, the following fees shall be added to total cost, if applicable.
Sprinkler System .............................. $75.00, plus $4.00 for every $1,000.00 in construction costs
Underground Fire Main .................... $75.00, plus $4.00 for every $1,000.00 in construction costs
Fire Alarm System ............................ $75.00, plus $4.00 for every $1,000.00 in construction costs
Access Control System ..................... $75.00, plus $4.00 for every $1,000.00 in construction costs
Paint Booth ...................................... $75.00, plus $4.00 for every $1,000.00 in construction costs
Fire Apparatus Access Road Gate .... $75.00, plus $4.00 for every $1,000.00 in construction costs
Range Hood Suppression System ...... $75.00, plus $4.00 for every $1,000.00 in construction costs
Underground Fuel Tank ................... $75.00, plus $4.00 for every $1,000.00 in construction costs
LP Tank(s) ....................................... $75.00, plus $4.00 for every $1,000.00 in construction costs
Fuel Dispensers Installation/Replacement $75.00, plus $4.00 for every $1,000.00 in construction costs
Remove Underground Fuel Tank ..... $75.00, plus $4.00 for every $1,000.00 in construction costs
Repair Underground Fuel Line ......... $75.00, plus $4.00 for every $1,000.00 in construction costs
Above Ground Fuel Tank ................ $75.00, plus $4.00 for every $1,000.00 in construction costs
Fire Suppression System .................. $75.00, plus $4.00 for every $1,000.00 in construction costs
Photovoltaic Panel and Modules ...... $75.00, plus $4.00 for every $1,000.00 in construction costs
Tent/Temporary Structure (Per event) ........................................................... $100.00 per 180 days
Fireworks Display ............................................................................................ $125.00 per display
Burn Permit – Air Curtain Destructor .............................................................. $125.00 per 30 days
Blasting Permit................................................................................................. $125.00 per 30 days
Rack Storage .................................... $75.00, plus $4.00 for every $1,000.00 in construction costs
Commercial Kitchen Hood/Duct Work $75.00, plus $4.00 for every $1,000.00 in construction costs

Violations and Penalties

(a) In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of this article or other regulation made under authority conferred hereby, the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of the building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. Such regulations shall be enforced by the Director of Public Works, who is empowered to cause any building, structure, place, or premises to be inspected and examined, and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of the regulations made under authority of this article.
(b) The owner or general agent of a building or premises where a violation of any provision of the regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of a misdemeanor punishable by a fine of not less than $10 and not more than $100 for each and every day that such violation continues, but if the offense be willful on conviction thereof, the punishment shall be a fine of not less than $100 or more than $250 for each and every day that such violation shall continue or by imprisonment for 10 days for each and every day such violation shall continue or by both such fine and imprisonment in the discretion of the court.
(c) Any such person who, having been served with an order to remove any such violation, shall fail to comply with the order within 10 days after such service or shall continue to violate any provision of the regulations made under authority of this article in the respect named in such order shall also be subject to a civil penalty of $250.
In addition to the penalties hereinabove authorized and established, the City Attorney shall take such other actions at law or in equity as may be required to halt, terminate, remove, or otherwise eliminate any violations of this article.

City of Crestwood

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