[Ord. No. 918 §2, 5-1-2008]
There is hereby created the position of Administrative Officer.
The Administrative Officer shall be any person designated as such
by the Board of Aldermen.
[Ord. No. 918 §2, 5-1-2008]
A.
The
powers and duties of the Administrative Officer shall be as follows:
1.
Verify that uses are allowed in the zoning districts in which they
are located.
2.
Issue all certificates of occupancy and make and maintain records
thereof.
3.
Conduct inspections of buildings, structures and the use of land
to determine compliance with the terms of this Chapter.
4.
Require that all construction or work of any type be stopped when
such work is not in compliance with this Chapter.
5.
Revoke any permit which was unlawfully issued or any permit wherein
defective work has been performed and when such work has not been
corrected within ninety (90) days of notification.
6.
Maintain permanent and current records of this Chapter including,
but not limited to, all maps, amendments, variances, appeals and applications.
7.
Provide and maintain a public information bureau relative to all
matters arising out of this Chapter.
8.
Forward to the Planning and Zoning Commission all applications for
amendments to this Chapter.
9.
Forward to the Board of Adjustment applications for appeals, variances
or other matters on which the Board of Adjustment is required to pass
under this Chapter.
10.
Issue permits regulating the erection and use of tents for periods
not to exceed ten (10) days for specific purposes such as: temporary
carnivals, churches, charities or charitable uses and revival meetings,
such uses not being detrimental to the public health, safety, morals,
comfort, convenience or general welfare; provided however, that said
tents or operations are in conformance with all other ordinances of
the City of New Haven.
11.
Initiate, direct and review from time to time a study of the provisions
of this Chapter and to make such reports available to the Planning
and Zoning Commission not less than once a year.
12.
Enforce all provisions of this Chapter and provide specific notification
of violation if violations are not abated in a reasonable time period,
as specified it is the Administrative Officer's responsibility to
document the uncorrected violation and forward said document to the
Municipal Court Clerk for further legal actions.
[Ord. No. 918 §2, 5-1-2008]
A.
No
building or other structure shall be erected, moved, added to or structurally
altered without a permit therefore.
B.
No
zoning permit for alteration, repair or construction of any building
or structure shall be issued unless the plans and specifications show
that the building or structure and its proposed use will be in compliance
with provisions of the zoning ordinance.
C.
A temporary
zoning permit may be issued by the Administrative Officer for a period
not exceeding six (6) months during alteration or construction for
partial occupancy of a building pending its completion or for bazaars,
carnivals and revivals, provided that such temporary zoning permit
shall require such conditions and safeguards as will protect the safety
of the occupants and the public.
D.
The failure to obtain the necessary zoning permit shall be punishable under Article XI of this Chapter as provided herein.
E.
Zoning permits issued on the basis of plans and applications approved by the Administrative Officer authorize only the use, arrangement and construction set forth in such approved plans and specifications. Any use, arrangement or construction at variance with that authorized shall be deemed a violation of this Chapter and shall be punishable as provided by Article XI of this Chapter.
[Ord. No. 918 §2, 5-1-2008]
A.
Applications
for zoning permits shall be accompanied by a duplicate set of plans
drawn to scale with the following information indicated in order to
determine compliance with this Chapter.
1.
The shape and dimensions of the lot on which the proposed building
or use is to be erected or conducted;
2.
The location of the said lot with respect to adjacent rights-of-way;
3.
The shape, dimensions and location of all buildings, existing and
proposed, on the said lot;
4.
The nature of the proposed use of the building or land, including
extent and location of the use on the said lot;
5.
The location and dimensions of off-street parking and loading space
and the means of ingress and egress to such space; and
6.
Any other information which the Administrative Officer may deem necessary
for consideration in enforcing the provisions of this Chapter.
B.
If
the zoning permit is denied on the basis of this Chapter, the applicant
may appeal the action of the Administrative Officer to the Board of
Adjustment.
No building permit for alteration, repair or construction of
any building or structure shall be issued unless the plans and specifications
show that the building or structure and its proposed use will be in
compliance with provisions of the zoning ordinance and a zoning permit
has been issued.
[Ord. No. 918 §2, 5-1-2008; Ord. No. 956 §8, 1-11-2010]
A.
Intent And Purpose. In this Zoning Code, the City has set
forth districts within which the use of land and structures and the
bulk and location of structures in relation to the land are substantially
uniform. It is recognized, however, that there are certain uses which
because of their unique characteristics and features cannot be classified
in a particular district or districts without consideration, in each
case, of the impact of such uses on the health, safety, morals and
general welfare of the City. Such uses are therefore treated as special
uses. A special use is not the automatic right of any applicant. The
City of New Haven reserves the full discretion to deny any such application
which is detrimental to the health, safety, morals and general welfare
of the inhabitants of the City or areas adjacent to the City.
B.
Authorization. Upon receipt of a recommendation from the
Planning and Zoning Commission, the Board of Aldermen may, after a
legal public notice and hearing, authorize the issuance of a special
use permit. In acting upon any application, the Board of Aldermen
shall give due consideration to the standards and conditions as prescribed
herein and shall grant such permits if it finds, in its judgment,
that such action is in the best interest of the public health, safety,
morals and welfare of the residents of the City of New Haven, Missouri.
C.
Standards For Special Use Permit Approval.
1.
Before issuing a recommendation with respect to any application for
special use permit, the Planning and Zoning Commission shall, in each
case, make specific written findings of fact based directly upon the
particular evidence presented to it regarding the effect of such proposed
buildings or use upon:
2.
In approving a special use permit, the Board of Aldermen may impose
conditions and safeguards as are deemed necessary to protect the neighborhood
such as, but not limited to, the following:
a.
Requirement of front, side or rear yards greater than the minimum
required by this Chapter.
b.
Requirement of additional screening or landscaping of parking areas
or other parts of the premises from adjoining premises or from the
street and deemed necessary by the Board.
c.
Place limitations on egress and ingress so as to minimize congestion
on the local streets.
d.
Limitations of size, number of occupants, method or time of operation
or extent of facilities.
e.
Regulation of number, design and location requirement of off-street
parking or other special features beyond the minimum required by this
or other applicable codes or regulations.
D.
Filing Application — Review Procedures And Fees. The
procedures for filing and review of special use application shall
be the same as those provided in the "Amendments and Changes" Article
of this Chapter with the following exceptions:
1.
An application for special use permit can be filed only by the owner
or authorized agent of the property in question.
2.
An application form for special use permit must be obtained by the
owner or authorized agent of the property in question.
a.
The fee shall be as established by ordinance.
3.
Non-transferability. Special use permits as authorized
by this Section shall be issued to the property owner only and shall
not be transferable to any other party.
4.
In conjunction with an application for a special use permit, a concept
plan shall be submitted indicating the following:
a.
Building(s) outline and floor area.
b.
Parking areas and parking calculations.
c.
Curb cuts and cross access with adjacent parcels, if applicable.
d.
Site features including light standards, trash enclosures, fencing.
e.
General location of landscaping.
f.
Setback and appropriate yards.
g.
Boundary of the subject property.
h.
Adjacent or connecting streets and their names.
i.
Other items as deemed necessary.
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A site plan in compliance with the provisions of this Chapter
may be submitted in lieu of a concept plan.
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5.
Permit revocation. In the event the City receives
information that the holder of a special use permit may be in violation
of the terms of the permit, the Administrative Officer may make such
investigation and inspections as necessary to determine the nature
of the violation. If a violation is found, the Administrative Officer
may take necessary action to address the violation, including revocation
of the permit and ordering the use to cease.
a.
Appeal process. The holder of a special use permit
may appeal the actions of the Administrative Officer and request a
hearing before the Board of Aldermen. If such hearing is requested,
notice of such hearing shall be published at least once in a newspaper
of local distribution and shall be mailed to all property owners located
within two hundred (200) feet of the subject property, such notices
to be given at least fifteen (15) days in advance of the hearing.
The Board of Aldermen action on such appeal shall be final.
E.
Extension Or Alterations. Where an existing use which is
permitted by special use permit is proposed to be extended or substantially
altered in a manner which would in any way change the character or
intensity of the use, such proposed extension or substantial alteration
shall be treated as a special use under this Section.
F.
Period Of Validity.
1.
No special use permit granted by the Board of Aldermen shall be valid
for a period longer than one hundred eighty (180) days from the date
of granting of the special use permit, unless within such period:
2.
The Board of Aldermen may, upon written request of the applicant,
grant extensions not exceeding one hundred eighty (180) days each,
without notice of hearing.
[Ord. No. 918 §2, 5-1-2008]
A.
Penalties
for violation of this Chapter shall be as follows:
1.
The owner or general agent of a building or premises where a violation
of any provision of said 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 ten dollars
($10.00) and not more than two hundred fifty dollars ($250.00) for
each and every day that such violation continues or by imprisonment
for ten (10) days for each and every day such violation shall continue
or by both such fine and imprisonment in the discretion of the court.
Notwithstanding the provisions of Section 82.300, RSMo., however,
for the second (2nd) and subsequent offenses involving the same violation
at the same building or premises, the punishment shall be a fine of
not less than one hundred dollars ($100.00) or more than five hundred
dollars ($500.00) for each and every day that such violation shall
continue or by imprisonment for ten (10) days for each and every day
such violation shall continue or by both such fine and imprisonment
in the discretion of the Court.
2.
Nothing herein contained shall prevent the City from taking such
other lawful action as it deems necessary to prevent or remedy any
violation.
