[Ord. No. 1456 §700, 1-5-1999; Ord. No. 18-002, 3-13-2018]
A.
No
land or structure hereafter erected, moved or altered in its use shall
be used until the Zoning Officer shall issue a permit that such land
or structure is found to be in conformity with the provisions of this
Chapter.
B.
In case any building or structure is constructed, reconstructed, altered or converted or any building, structure or land is used in violation of this Chapter, the Zoning Officer, may institute any appropriate action or proceeding, including enforcement pursuant to Section 405.350:
C.
In
the event that construction commences on any building or structure
without obtaining a proper permit, the Zoning Officer shall first:
1.
Serve a written cease and desist notice to halt any construction
with instructions to obtain a permit within ten (10) days receipt
of the notice. Posting of the notice on the premises shall constitute
notice if owner, agent, or contractor is not personally present.
[Ord. No. 1673 §§1 —
4, 10-4-2005]
A.
There
is hereby established the office of Assistant Zoning Officer.
B.
The
Assistant Zoning Officer shall have all the duties, responsibilities
and powers of the Zoning Officer when the Zoning Officer is not within
the City limits, has a conflict of interest or is otherwise incapable
of performing the duties of Zoning Officer.
C.
The
Assistant Zoning Officer shall be appointed by the Mayor with the
consent of the Board of Aldermen and shall be subject to termination
by the Mayor with the consent of the Board of Aldermen with or without
cause.
D.
The
Assistant Zoning Officer shall be paid by the City in accordance with
such resolution that may from time to time be passed by the Board
of Aldermen.
[Ord. No. 1456 §710, 1-5-1999]
A.
Establishment — Membership. A Board of Adjustment
is hereby established. The word "Board", when used in this Section,
shall be construed to mean the Board of Adjustment. The Board shall
consist of five (5) members, all of whom shall be residents appointed
by the Mayor and approved by the Board of Aldermen. The term of office
of the members of the Board shall be for five (5) years, excepting
that the membership of the first (1st) Board shall be one (1) member
for one (1) year; one (1) for two (2) years; one (1) for three (3);
one (1) for four (4) years; and one (1) for five (5) years. Thereafter
the members shall be appointed for terms of five (5) years each. Vacancies
shall be filled for the unexpired term only. Members shall be removable
for cause by the Mayor and the Board of Aldermen upon written charges
and after public hearing.
B.
Officers — Rules And Regulations. The Board shall
elect its own Chairman who shall serve for one (1) year. The Board
shall adopt from time to time such rules and regulations as it may
deem necessary to carry into effect the provisions of this Chapter.
C.
Appeals. Appeals to the Board of Adjustment may be taken
by any person aggrieved, by any neighborhood organization as defined
in Section 32.105, RSMo., representing such person, or by any officer,
department, board or bureau of the municipality affected by any decision
of the administrative officer. Such appeal shall be taken within a
reasonable time, as provided by the rules of the Board, by filing
with the officer from whom the appeal is taken and with the Board
of Adjustment a notice of appeal specifying the grounds thereof. The
officer from whom the appeal is taken 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 action appealed from, unless the officer from whom the appeal
is taken certifies to the Board of Adjustment after the notice of
appeal shall have been filed with him/her that by reason of facts
stated in the certificate a stay would, in his/her opinion, cause
immediate peril to life or property. In such case proceedings shall
not be stayed otherwise than by a restraining order which may be granted
by the Board of Adjustment or by a court of record on application
or notice to the officer from whom the appeal is taken and on due
cause shown. The Board of Adjustment shall fix a reasonable time for
the hearing of the appeal, give public notice thereof, as well as
due notice to the parties in interest, and decide the same within
a reasonable time. Upon the hearing any party may appear in person
or by agent or by attorney.
D.
Powers. The Board of Adjustment shall have the following
powers:
1.
To hear and decide appeals where it is alleged there is an error
in any order, requirement, decision or determination made by the Zoning
Officer;
2.
To hear and decide on appeals, special exceptions, variances, and
all other matters referred to it or upon which it is required to pass
under this Chapter; and
3.
In passing upon variances, where there are practical difficulties
or unnecessary hardship 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 of the land so that
the spirit of this Chapter shall be observed, public safety and welfare
secured and substantial justice done.
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In exercising the above-mentioned powers, such Board may 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.
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The concurring vote of four (4) members of the Board shall be
deemed necessary to reverse any order, requirement, decision or determination
of the Zoning Officer or to decide in favor of the applicant on any
matter upon which it is required to pass under this Chapter or to
affect any variance in this Chapter or to recommend any variation
or modification in the ordinance to the corporate authorities.
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E.
Meetings. Meetings shall be held at the call of the Chairman
and at such other times as the Board may determine. The Chairman,
or in his/her absence the Vice Chairman, may administer oaths and
compel the attendance of witnesses. All meetings shall be open to
the public.
The Board of Adjustment shall keep minutes of its proceedings,
showing the vote of each member upon each question, or if absent or
failing to vote indicating such fact, and shall keep records of its
examinations and other official actions, all of which shall be a public
record and be immediately filed in the office of the Board.
F.
Actions. The Board of Adjustment shall always act with due
consideration to promoting the public health, safety, convenience
and welfare, encouraging the most appropriate use of the land and
conserving property values, shall permit no building or use detrimental
to a neighborhood, and may prescribe appropriate conditions and safeguards
in each case.
G.
Variances. Every variance granted or denied by the Board
shall be accompanied by written finding of fact based on testimony
and evidence and specifying the reason for granting or denying the
variance.
H.
All
testimony, decisions or determinations shall be public record and
recorded by a reporter appointed by the Board.
[Ord. No. 1458 §§1 —
2, 2-2-1999; Ord. No. 21-013, 7-13-2021; Ord. No. 23-003, 2-14-2023; Ord. No. 23-010, 8-8-2023]
A.
For
residential permits:
1.
Fifty dollars ($50.00) per required inspection for each category.
Categories are concrete/foundation, framing/structural, roof, electrical,
plumbing, insulation, exterior, and final inspection.
2.
Permits for a residential project in excess of two thousand (2,000)
square feet shall be increased by twenty-five cents ($0.25) per square
foot in excess of two thousand (2,000) square feet for each required
inspection.
B.
For
commercial and industrial permits:
1.
Fifty dollars ($50.00) per required inspection for each category.
Categories are concrete/foundation, framing/structural, roof, electrical,
plumbing, insulation, exterior, and final inspection.
2.
Permits for a commercial and industrial project in excess of ten
thousand (10,000) square feet shall be increased as follows for each
required inspection.
3.
Permit fees for a residential permit is waived for any application
that does not increase the footprint of the residence or describe
building a new structure.
a.
Twenty cents ($0.20) per square foot between ten thousand one (10,001)
and fifty thousand (50,000) square feet;
b.
Fifteen cents ($0.15) per square foot between fifty thousand one
(50,001) and seventy-five thousand (75,000) square feet;
c.
Ten cents ($0.10) per square foot between seventy-five thousand one
(75,001) and one hundred thousand (100,000) square feet;
d.
Five cents ($0.05) per square foot above one hundred thousand one
(100,001) square feet.
C.
For
site approval of any fencing, non-permanent structures, or mobile
homes: twenty-five dollars ($25.00).
