[CC 1988 §29-95; Ord.
No. 2788 §9, 10-21-1985]
A.
Building Inspection Or Equivalent.
1.
It shall be the duty of the City Manager or his/her designee to enforce
this Chapter. The City Manager or his/her designee shall receive applications
required by this Chapter, issue permits and furnish the prescribed
certificates. He/she shall examine premises for which permits have
been issued and shall make necessary inspections to see that the provisions
of law are complied with. He/she shall enforce all laws relating to
the construction, alteration, repair, removal, demolition, equipment,
use and occupancy, location and maintenance of buildings and structures
except as may otherwise be provided for. He/she shall, when requested
by the Mayor or Council or when the interest of the municipality shall
require, make investigations in connection with matters referred to
in this Chapter and render written reports on the same. For the purpose
of enforcing compliance with law, he/she shall issue such notices
or orders as may be necessary.
2.
Inspections shall be made by the City Manager or his/her designee.
3.
For carrying into effect its provisions, the City Manager or his/her
designee may adopt rules consistent with this Chapter.
4.
Careful and comprehensive record of applications, of permits issued,
of certificates issued, of inspections made, of reports rendered and
of notices or orders issued shall be kept. There shall be retained
on file copies of all papers in connection with building works so
long as any part of the building or structure to which they relate
may be in existence. All such records shall be open to public inspection
at reasonable hours but shall not be removed from the office in which
they are located.
5.
Applications for permits shall be accompanied by such drawings of
the proposed work, including such floor plans, sections, elevations
and structural details as may be required.
B.
Violations And Penalty.
1.
It shall be the duty of the City Manager or his/her designee to enforce
this Chapter. Appeal from his/her decisions may be made to the Board
of Adjustment as provided in this Chapter.
2.
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.
3.
Any such person who having been served with an order to remove any
such violation shall fail to comply with such order within ten (10)
days after such service or shall continue to violate any provision
of the regulations made under authority of Sections 89.010 to 89.140,
RSMo., in the respect named in such order shall also be subject to
a civil penalty of two hundred fifty dollars ($250.00).
[CC 1988 §29-96; Ord.
No. 2788 §9, 10-21-1985; Ord. No. 3697 §2, 8-21-2006; Ord.
No. 4915, 7-17-2023]
A.
Purpose.
It is the purpose of this Section to provide for conditional use permits
which may be granted only for uses expressly listed in the "Conditional
Use" Subsections of the zoning districts established in this Article.
B.
Application.
Application for conditional use permits shall be made to the Planning
and Zoning Commission and all shall be accompanied by the following:
C.
Procedure.
1.
The applicant shall submit all necessary information to the City
Clerk. The City Clerk shall then refer the application to the City
Manager, or his/her designee, who shall review the request to determine
its compliance with the provisions of this Section. A report shall
be made to the Planning and Zoning Commission at the time the application
is to be considered.
2.
Upon receipt of the petition for the conditional use permit, the
Commission shall fix a reasonable time for the hearing on the petition
not less than fifteen (15) days nor more than thirty (30) days from
the receipt of the petition. Notice of the date, time and place of
the hearing shall be given to the petitioner not less than ten (10)
days before such hearing. The Commission shall cause notice of the
date, time, place and general purpose of the hearing to be mailed
by ordinary mail to the owners of the land within an area determined
by lines drawn parallel to and one hundred eighty-five (185) feet
distant from the boundaries of the area proposed to receive the conditional
use permit occupation and the Commission shall give other such public
notice as is required by law.
3.
The Commission shall have full power and authority to approve or
disapprove the petition for a conditional use permit. The Commission
may amend the conditions under which the petitioner may establish
the conditional use if the use is approved by the Commission.
4.
After giving due consideration to the following standards, the Commission
may grant a conditional use permit stipulating any conditions deemed
necessary to carry out the provisions and intent of this Article:
a.
The proposed conditional use is in compliance with all regulations
of the applicable zoning district.
b.
The proposed conditional use will be in conformance with the character
of the adjacent area within the same zoning district in which it is
located. In making such determination, consideration may be given
to the location, type and height of buildings or structures and the
type and extent of landscaping and screening on the site.
c.
The establishment of the conditional use will not impede the normal
and orderly development and improvement of surrounding property for
uses permitted in the district.
d.
Adequate utilities, access roads, drainage and parking and/or other
necessary facilities will be provided.
e.
Adequate measures will be taken to provide ingress and egress so
designed as to minimize traffic congestion in the public streets.
D.
Duty
To Comply With Other Laws. Approval and issuance of such permit shall
not be deemed to relieve the permittee of the duty to comply with
the provisions of other laws and ordinances.
E.
Violation.
The violation of any condition imposed by the conditional use permit
shall constitute a violation of this Article.
F.
Tenure
Of Permit. The granting of a conditional use permit is to allow that
use on a specific site. If the use is not substantially altered, it
shall be allowed on the site regardless of ownership. A conditional
use permit may not be transferred to another site.
G.
Amendment.
Amendment or addition to any conditional use permit is subject to
the same procedures as those which apply to new application. Minor
adjustments to an approved conditional use permit may be authorized
by the Commission at its discretion.
[Ord. No. 4915, 7-17-2023]
A.
Purpose.
It is the purpose of this Section to provide narrowly tailored regulation
establishing regulations to safeguard the residential character of
the dwelling and surrounding neighborhoods and to protect the public
health and safety associated with home-based businesses.
B.
Home
occupations, which include no-impact home-based businesses, or home-based
work, where:
1.
The total number of employees on-site at one (1) time does not exceed
the occupancy limit for the residential dwelling; and
2.
The activities of the business:
a.
Are limited to the sale of lawful goods and services;
b.
May involve having more than one (1) client on the property at one
(1) time;
c.
Do not cause a substantial increase in traffic through the residential
area;
d.
Do not violate any parking regulations established by the political
subdivision;
e.
Occur inside the residential dwelling or in the yard of the residential
dwelling; and
f.
Are not visible from the street.
C.
To
preserve the residential character of the residential building and
to protect against adverse effects on the character of the surrounding
neighborhood, a home occupation may operate in a residential district,
provided the home occupation:
1.
Shall be operated entirely from an enclosed structure and shall not
occupy more than twenty-five percent (25%) of the total floor area
of the main residential building and in no case more than five hundred
(500) square feet of floor area, with use of the dwelling for a home
occupation being clearly incidental and subordinate to its use for
residential purposes.
2.
Complies with all ordinances associated with lighting regulated within
the City of De Soto.
3.
Must not create offensive or excessive noise and must comply with
all noise restrictions applicable to residential areas.
4.
Must not generate trash or refuse that exceeds normal residential
trash and refuse.
5.
Outdoor storage of equipment, inventory or other supplies for the
home occupation is prohibited and no commodities shall be displayed
or sold on the outside of the main residential building.
6.
Solid waste must not be deposited, stored, or otherwise maintained
on the property in compliance with all of the ordinances of the City
of De Soto.
7.
Solid waste must not be deposited, stored, or otherwise maintained
on the property in compliance with all of the ordinances of the City
of De Soto.
8.
Shall adhere to all City ordinances and regulations related to the
public health and safety, including, but not limited to, fire and
building codes, health and sanitation, transportation or traffic control,
solid or hazardous waste and pollution.
9.
Shall comply with State and Federal laws, including paying applicable
taxes.
10.
All deliveries related to the home occupation shall be made between
the hours of 7:00 A.M. and 9:00 P.M. Deliveries shall not be made
by a vehicle that exceeds the size and/or weight rating for the street.
D.
Nothing
in this Section shall be deemed to:
1.
Prohibit mail order or telephone sales for home-based work;
2.
Prohibit service by appointment within the home or accessory structure;
3.
Prohibit or require structural modifications to the home or accessory
structure;
4.
Restrict the hours of operation for home-based work; or
5.
Restrict storage or the use of equipment that does not produce effects
outside the home or accessory structure.
