[Ord. No. 1212 §1, 9-6-1995; Ord. No. 1251 §1, 3-10-1997; Ord.
No. 1268 §2, 12-29-1997; Ord. No. 1299 §3, 2-23-1999; Ord.
No. 1390 §2, 1-13-2003; Ord. No. 1697 §1, 8-27-2007]
A. Zoning Inspector. There is hereby created the position of
Zoning Inspector. The City Administrator shall be the ex officio Zoning
Inspector, unless the Board of Aldermen shall designate another City
employee as the Zoning Inspector. The Board of Aldermen may, but shall
not be required to, appoint a Deputy Zoning Inspector who shall have
and may exercise all of the powers of the Zoning Inspector.
B. Duties. It shall be the duty of the Zoning Inspector to
enforce this Chapter. The Zoning Inspector shall receive applications
required by this Chapter and issue permits. He shall examine premises
for which permits have been issued and shall make necessary inspections
to see that the provisions of law and the terms and conditions of
any permit or variance issued pursuant to this Chapter are complied
with and performed. He shall enforce all laws and Code provisions
relating to the construction, alteration, repair, removal, demolition,
equipment, use, occupancy, location and maintenance of land, buildings
and structures, except as may be otherwise provided. He shall, when
the interests of the City so require, make investigations in connection
with matters referred to in this Chapter. For the purpose of enforcing
compliance with law, he shall issue such notices or orders as may
be necessary.
C. Rules. For carrying into effect its provisions, the Zoning
Inspector may adopt rules consistent with this Chapter. Any such rule
shall be an official record of the City and shall be made available
upon request by the Zoning Inspector to any applicant therefor and
payment of the cost of reproduction of the same.
D. Records. The Zoning Inspector shall keep careful and comprehensive
records of applications, permits issued, inspections made, reports
rendered and notices or orders issued.
E. Permits.
1. Building permits. It shall be unlawful to construct,
remove or demolish a building or structure or alter the exterior of
a building or structure or to commence the construction, removal or
demolition of a building or structure or the alteration of the exterior
of a building or structure without first filing with the Zoning Inspector
an application in writing and obtaining a written building permit.
However, no building permit shall be required for the following actions
if undertaken as part of the maintenance of a building or structure
not designated as a landmark and not located within a historic district
and if the materials and installation techniques comply with all applicable
codes or other requirements of the Municipal Code:
a. Painting or staining a building any color.
b. Repair or replacement of roofing on a building in any color or style
or substance.
c. Repair or replacement of doors and/or windows in any color, style
or composition.
d. Repair or replacement of a porch or exterior lighting of a building
or any landscaping in the vicinity of a building.
e. Repair or replacement of soffit, fascia, siding and trim of any style,
composition and color.
f. Repair or replacement of shutters in any style, color or composition.
g. Repair or replacement of steps or stairs in the current location
if the current size and shape are retained.
h. Repair or replacement of decks in the current location if the current
size and shape are retained.
i. Repair or replacement of fences and retaining walls in the current
location if the current size and shape are retained.
2. Land use permits. It shall be unlawful to make
any commercial or industrial use of land on which no building or structure
is to be erected without first filing with the Zoning Inspector an
application in writing and obtaining a written land use permit.
3. Application for a building permit. An application for a permit shall be submitted in such form as the Zoning Inspector may prescribe. Such application shall describe briefly the proposed work and shall give such additional information as may be required by the Zoning Inspector for an intelligent understanding of the proposed work. If the intended work affects the exterior architectural appearance of any landmark or property within a Historic Overlay District, the application shall so indicate and shall verify that the applicant has simultaneously submitted an application for a certificate of appropriateness to the Landmarks Commission as required by Article
III of this Chapter. Such application shall be accompanied by payment of such fees as the Board of Aldermen may establish. There shall also be filed a plot diagram in a form and size suitable for filing permanently with the permit record, drawn to scale, with all dimensions stated in figures, showing accurately the size and exact location of all proposed new construction or, in the case of demolition, of such construction as is to be demolished and all existing buildings. No building shall be constructed, and no permit shall be issued for a building, on any premises not served by a sewer except as expressly permitted by Chapter
520 of this Code. Further, all construction performed pursuant to said building permit shall conform in all respects to the City's Building Code as adopted in Chapter
530 of this Municipal Code.
4. Application for a land use permit. Where no building
or structure is to be erected, the applicant shall state on the application
for a permit the nature of the proposed use of the land.
5. Commencement of construction. Any building permit
issued hereunder shall provide that the construction, alteration,
removal or demolition of the building or structure covered by the
permit shall commence and be completed within such time periods as
the Zoning Inspector may prescribe.
6. Extension of permit. For good cause shown, the
Zoning Inspector may extend any permit granted hereunder for successive
periods of up to ninety (90) days from the expiration thereof, so
long as work continues without undue delay.
7. Certificates of compliance. No building or structure erected or structurally altered after the date of adoption of this Section shall be occupied and used until a certificate of compliance has been issued by the Zoning Inspector after said official finds that the building or structure has been erected or structurally altered in conformance with the provisions of this Chapter, Chapter
530 of this Code and other applicable health and building laws and ordinances and in accordance with the building permit. An application for a certificate of compliance shall be filed simultaneously with the application for a building permit. The certificate of compliance shall be issued within ten (10) days after the erection or alteration of a building or structure has been inspected and approved by the Zoning Inspector.
8. Use permits. No change shall be made in the use
of a building or structure or part thereof after the date of adoption
of this Section unless a use permit has first been issued by the Zoning
Inspector after said official finds that the proposed use of such
building or structure or part thereof will be in conformance with
the provisions of this Chapter and other applicable health and building
laws and ordinances. An application for a permit shall be submitted
in such form as the Zoning Inspector may prescribe. Such application
shall describe briefly the proposed use of the premises and shall
give such additional information as may be required by the Zoning
Inspector for an intelligent understanding of the proposed use. Such
application shall be accompanied by payment of such fees as the Board
of Aldermen may establish.
F. Amendments to Applications. Nothing in this Section shall
prohibit the filing of amendments to an application at any time before
the completion of the work for which the permit was sought. Such amendments,
after approval, shall be filed with and be deemed a part of the original
application.
G. Action on Application. If, after examination of the application
for permit, the Zoning Inspector finds no objection to the same and
it appears that the proposed work will be in compliance with the laws
and ordinances applicable thereto, he shall approve such application
and issue a permit for the proposed work as soon as practicable and
within fifteen (15) days after filing of the application. If his examination
reveals otherwise, he will reject such application, noting his findings
in a report to be attached to the application and delivering a copy
to the applicant.
H. Condition of the Permit. All work performed under a permit
issued by the Zoning Inspector shall conform to the approved application
and plans and approved amendments thereof. The location of all new
construction as shown on the approved plot diagrams, or an approved
amendment thereof, shall be strictly adhered to. It shall be unlawful
to reduce or diminish the area of a lot or plot for which a plot diagram
has been filed and has been used as the basis for a permit, unless
a revised plot diagram showing the proposed change in conditions shall
have been filed and approved; however, this prohibition shall not
apply when the lot area is reduced by reason of a street opening or
widening or other public improvement. It shall be unlawful to change
the use of land for which a land use permit has been issued until
a revised land use permit has been obtained.
I. Revocation. The Zoning Inspector may revoke a permit or approval issued under the provisions of this Chapter in case the work performed under the permit is not in conformance with the permit or condition of the permit as specified in Subsection
(H) above or in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.
[Ord. No. 1212 §1, 9-6-1995; Ord. No. 1299 §7, 2-23-1999; Ord.
No. 1347 §1, 12-28-2000; Ord. No. 1730 §1, 2-11-2008; Ord.
No. 1871 §1, 6-4-2012]
A. Composition. The Hermann Landmarks Commission shall consist
of five (5) regular members and one (1) advisory, non-voting member.
1. Of the regular members, one (1) such member may, but need not be,
selected from the Planning and Zoning Commission; and the other four
(4) members shall not be officers of employees of the City of Hermann
or members of either the Planning and Zoning Commission or Board of
Adjustment of the City. The regular members shall be residents of
the City of Hermann. Every reasonable effort shall be made to appoint
persons who have, by training, experience or activity, demonstrated
an interest in the history or architecture of the City of Hermann.
The regular members shall be appointed by the Mayor and approved by
the Board of Aldermen.
2. The advisory member shall be a member of the Board of Aldermen. Such
member shall be appointed by the Mayor.
B. Terms of Office. The term of office of the members of the
Landmarks Commission shall be for three (3) years, except that the
membership of the first Landmarks Commission appointed shall serve
respectively for terms of one (1) for one (1) year, two (2) for two
(2) years and two (2) for three (3) years. One (1) alternate member
may be appointed to serve in the absence of or the disqualification
of any of the regular members. Vacancies shall be filled for the unexpired
term only. Members may be removed for cause by the Mayor and Board
of Aldermen upon written charges and after public hearing.
C. Officers. Officers shall consist of a Chairman, a Vice-Chairman,
and a Secretary elected by the Landmarks Commission, who shall each
serve a term of one (1) year and shall be eligible for re-election.
1. The Chairman shall preside over meetings. In the absence of the Chairman,
the Vice-Chairman shall perform the duties of the Chairman. If both
are absent, a temporary Chairman shall be elected by those present.
2. The Secretary to the Landmarks Commission shall have the following
duties:
a. Take minutes of each Landmarks Commission meeting;
b. Be responsible for publication and distribution of copies of the
minutes, reports, and decisions of the Landmarks Commission to the
members of the Landmarks Commission;
c. Give notice as provided herein or by law for all public hearings
conducted by the Landmarks Commission;
d. Advise the Mayor of vacancies on the Landmarks Commission and expiring
terms of members; and
e. Prepare and submit to the Board of Aldermen a complete record of
the proceedings before the Landmarks Commission on any matter requiring
Board consideration.
[Ord. No. 1212 §1, 9-6-1995; Ord. No. 1268 §3, 12-29-1997; Ord. No. 1299 §4, 2-23-1999; Ord. No. 1699 §2, 8-27-2007]
A. Appointment, Term, Vacancies, Organization. The Board of
Aldermen shall provide for the appointment of a Board of Adjustment,
and in the regulations and restrictions adopted pursuant to the authority
of Sections 89.010 to 89.140, RSMo., as revised, may provide that
the Board of Adjustment may determine and vary the application of
such regulations and restrictions in harmony with their general purpose
and intent in accordance with general or specific rules contained
therein. The Board of Adjustment shall consist of five (5) members,
who shall be residents of the City and who may not be employees or
elected or appointed officers of the City of Hermann or members of
the Planning and Zoning Commission or Landmarks Commission. The membership
of the first Board appointed shall serve, respectively, one (1) for
one (1) year, one (1) for two (2) years, one (1) for three (3) years,
one (1) for four (4) years, and one (1) for five (5) years. Thereafter
members shall be appointed for terms of five (5) years each. Three
(3) alternate members may be appointed to serve in the event of absence
or disqualification of the regular members. All members and alternates
shall be removable for cause by the Mayor and Board of Aldermen upon
written charges and after public hearing. A vacancy shall be filled
by the Mayor and Board of Aldermen for the unexpired term of any member
whose term becomes vacant.
B. Procedures. The Board shall organize and elect a Chairman,
Vice Chairman and Secretary from its membership to serve for a term
of one (1) year. The Board shall then adopt rules for its own government
in accordance with this Chapter. Meetings shall be held at the call
of the Chairman and at such times as the Board deems advisable. The
Chairman, or in his absence the Vice Chairman, may administer oaths,
and the Board may compel the attendance of witnesses. All meetings
of the Board shall be open to the public. The Secretary shall keep
the minutes of the proceedings, indicating the vote of each member
on each question or the absence or failure of a member to vote. The
Secretary shall also keep records of the Board's examination of issues
and witnesses and other official actions, all of which are to be immediately
filed in the office of the Board and become public records. The Secretary
shall conduct all official correspondence and supervise the clerical
work of the Board. Four (4) members of the Board shall constitute
a quorum. The Board shall act by resolution.
[Ord. No. 1968 §1, 4-27-2015]
C. Powers of the Board. The Board shall have the following
powers:
1. To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by the Zoning
Inspector in the enforcement of this Chapter.
2. To hear and decide all matters referred to it or upon which it is
required to pass under this Chapter.
3. In passing upon appeals, where there are practical difficulties or
unnecessary hardships in the way of carrying out the strict letter
of this Chapter, to vary or modify the application of any of the regulations
or provisions of this Chapter relating to the use, construction or
alteration of buildings or structures or the use of land so that the
spirit of the Chapter shall be observed, public safety and welfare
secured and substantial justice done.
D. Appeals to the Board. Appeals to the Board may be taken
by any person aggrieved or by any officer, department, board or bureau
of the City affected by any decision of the Zoning Inspector or Landmarks
Commission. Such appeal shall be taken within thirty (30) days after
rendering of the final decision appealed from by filing with the Zoning
Inspector or Landmarks Commission, as the case may be, and with the
Board a notice of appeal specifying the grounds therefor and providing
the Board a list of current property owners within an area determined
by lines drawn parallel to a one hundred eighty-five (185) foot distance
from the boundaries of the property affected by the appeal. A fee
of three hundred dollars ($300.00) shall accompany each notice of
appeal, and said sum shall be deposited in the General Revenue Fund
of the City and shall not be refundable. The Zoning Inspector or Landmarks
Commission shall forthwith transmit to the Board all the papers constituting
the record upon which the action appealed from was taken. An appeal
stays all proceedings in furtherance of the actions appealed from,
unless the Zoning Inspector or Landmarks Commission certifies to the
Board after the notice of appeal has been filed that by reason of
facts stated in the certificate a stay would, in the opinion of the
Zoning Inspector or Landmarks Commission, cause immediate peril to
life or property. The Board shall fix a time for the hearing of the
appeal within thirty (30) days following receipt of same; give public
notice thereof, by letter sent by first class mail, postage prepaid,
to property owners as provided above and by publication one (1) time
in a local newspaper of general circulation in the City of Hermann
not less than five (5) nor more than fifteen (15) days prior to the
date of said hearing; and decide the same within a reasonable time.
Any party may appear in person or by agent or by attorney at such
hearing. All testimony, objections thereto, and rulings thereon shall
be taken down by a reporter employed by the Board for that purpose.
The concurring vote of four (4) members of the Board shall be necessary
to reverse any order, requirement, decision or determination of the
Zoning Inspector or Landmarks Commission, or to decide in favor of
the applicant on any matter upon which it is required to pass under
this Chapter or to effect any variation from the requirements of this
Chapter.
E. Decisions of the Board. The Board shall render decisions
only on appeals from an action of the Zoning Inspector or Landmarks
Commission. The Board shall take action only when it has determined
that a permit or certificate has been incorrectly issued or denied,
or when it has determined that this Chapter has been incorrectly interpreted,
or when the appellant proves the existence of practical difficulties
or unnecessary hardship in the way of carrying out the strict letter
of this Chapter due to a provision or provisions herein contained
as applied to a specific lot or tract. In case such practical difficulties
or unnecessary hardship, due to peculiar characteristics of a specific
lot or tract, be proven, the Board may issue a variance, signed by
the Chairman, to vary or modify the application of any of the regulations
or provisions of this Chapter relating to the construction or alteration
of buildings or structures or the use of land, and setting out any
conditions to be met. A copy of the variance shall be sent to the
Zoning Inspector or Landmarks Commission, as appropriate, who shall
issue a Building Permit, Land Use Permit, Certificate of Compliance,
or Use Permit, or Certificate of Appropriateness or Certificate of
Economic Hardship, setting out the terms of the variance. In no case
shall the Board issue a variance or an order permitting a use to be
placed in a district in which such use is not permitted by this Chapter
or permitting a non-conforming use which will materially interfere
with the use of adjoining premises in conformity with the regulations
applicable to the district in which it is located, unless the appellant
presents evidence from which the Board may determine that:
1. The lot or tract in question cannot yield a reasonable return if
used only for a purpose allowed in that district,
2. The appellant's plight is due to unique circumstances and not to
general neighborhood conditions, and
3. The grant of a variance would not alter the essential character of
the locality;
|
and in no case shall the Board issue a variance contrary to
the law of the State of Missouri. In all cases, the spirit and intent
of this Chapter shall be observed, public safety and welfare secured,
and substantial justice done. In exercising the above-mentioned powers,
the Board may, in conformity with the provisions of this Chapter,
reverse or affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed from, and may make such order,
requirement, decision or determination as ought to be made, and to
that end shall have all the powers of the officer from whom the appeal
is taken.
|
F. Appeal
from Decisions of the Board. Any person or persons jointly or severally
aggrieved by any decision of the Board or any officer, department,
board, or bureau of the City of Hermann may present to the Circuit
Court of Gasconade County a petition, duly verified, setting forth
that such decision is illegal, in whole or in part, and specifying
the grounds of the illegality. Such petition must be presented to
the Court within thirty (30) days after the filing of the decision
in the office of the Board, and thereafter proceedings shall be had
thereon as provided by Chapter 536, RSMo., as revised.
[Ord. No. 1212 §1, 9-6-1995; Ord. No. 1268 §4, 12-29-1997; Ord. No. 1699 §1, 8-27-2007; Ord. No. 1873 §1, 6-20-2012]
A. Application
for amendment, revision or change of the Hermann Zoning District Map
may be made by any person, or his/her agent, who owns the land sought
to be rezoned. If such application is made by the owner's agent, said
agent shall enter upon the application the name, telephone number
and current address of the owner. Such application shall be made upon
forms prescribed by the Commission and duly filed with the Secretary
of the Commission. Applications for amendment, revisions or change
of any of the rules, regulations or provisions of the text of this
Chapter, other than the Zoning District Map, may be made by any interested
person on forms prescribed by the Commission and duly filed with the
Commission. A fee of three hundred dollars ($300.00) shall accompany
each application for an amendment, and said sum shall be deposited
in the General Revenue Fund and shall not be refundable. Immediately
upon receipt of such application, the Commission shall note thereon
the date of filing and make a permanent record thereof. All such applications
shall be set down for hearing before the Commission not later than
thirty (30) days from the date of filing the same. Any such hearing
may, for good cause, at the request of the applicant or in the discretion
of the Commission, be continued. Upon the final hearing on such application,
the Commission shall make a written report of its findings and recommendation
for approval or denial to the Board of Aldermen. After the filing
of such application, the Board of Aldermen shall also set a time and
place for a hearing thereon, allowing reasonable time for the hearing
before the Commission and the receipt of the Commission's report and
recommendation.
Recommendations for revisions or amendments to the Chapter,
including the Zoning District Map, may also be made by the Commission
upon its own motion for final determination by the Board of Aldermen.
Likewise, the Board of Aldermen may revise, modify or amend this Chapter,
including the Zoning District Map, upon its own motion, provided however,
that such proposed changes shall first be submitted to the Commission
for recommendations and report.
In any event, action upon any proposed amendment to the Zoning
Code shall be taken only upon notice and hearing. Notice of the times
and places of the hearing by the Commission and of the hearing by
the Board of Aldermen shall be published in a newspaper of general
circulation within the City of Hermann at least fifteen (15) days
prior to the date of the Commission's hearing. If a protest against
such revision or amendment is presented to the Board of Aldermen,
duly signed and acknowledged by the owners of thirty percent (30%)
or more, either of the area of the land (exclusive of street and alleys)
included in such proposed change or within an area determined by lines
drawn parallel to and one hundred eighty-five (185) feet distant from
the boundaries of the district proposed to be changed, such revision
or amendment shall not become effective except by the favorable vote
of two-thirds (2/3) of all the members of the Board of Aldermen.
B. Any
amendment, revision or change of this Chapter or of the Zoning District
Map, approved by the Board of Aldermen as provided in this Section,
shall be adopted by ordinance in the same manner as otherwise provided
by law and this Code.
C. After
an application for rezoning has been scheduled and notice of the hearing
has been advertised as provided in this Code, the hearing may, at
the discretion of the Planning and Zoning Commission, be postponed
at the applicant’s request.
[Ord. No. 2090, 2-12-2018; Ord. No. 2324, 11-28-2022]
[Ord. No. 1212 §1, 9-6-1995]
In interpreting and applying this Chapter, the provisions thereof
shall be held to be the minimum requirements needed for the promotion
of the health, safety, morals or general welfare. Whenever this Chapter
requires a greater width or size of yard, courts, or other open spaces,
or requires a lower height of buildings or fewer number of stories,
or imposes higher standards than are required in any other statute
or local ordinance or regulation, the provisions of this Chapter shall
govern. Wherever the provisions of any other ordinance or regulation
requires a greater width or size of yards, courts, or other open spaces,
or requires a lower height of buildings or a fewer number of stories,
or requires a greater percentage of lot to be left unoccupied, or
imposes other higher standards than are required by this Chapter,
the provisions of such other ordinance or regulation shall govern.
[Ord. No. 1212 §1, 9-6-1995]
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 Chapter, the Zoning Inspector, 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 said building,
structure, or land, or to prevent any illegal act, conducting of business,
or use in or about such premises.
B. The
owner or general agent of a building or premises where a violation
of any provision of the regulations of this Chapter 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 or 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 one hundred
dollars ($100.00) 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 one hundred dollars ($100.00) or
more than two hundred fifty dollars ($250.00) for each and every day
that such violation shall continue or by imprisonment for not more
than 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.
C. Any
such person who, having been served with an order to remove any such
violations, shall fail to comply with such order within ten (10) days
after such service or shall continue to violate any provision of this
Chapter in the respect named in such order shall also be subject to
a civil penalty of two hundred fifty dollars ($250.00).