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City of Smithville, MO
Clay County
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Table of Contents
Table of Contents
[R.O. 1991 § 400.600; Ord. No. 2865-13 § 1(Exh. A § 400.600), 4-2-2013]
A. 
Authorization. A Zoning Administrator shall be appointed by the Governing Body. The Zoning Administrator shall be authorized to expend such funds to employ deputies and clerical assistants and to carry out his/her duties under these regulations as shall be approved from time to time by the Governing Body.
B. 
Duties Of The Zoning Administrator. The Zoning Administrator or his/her duly designated and acting deputy shall enforce these regulations and, in addition thereto and in furtherance of said authority, he/she shall:
1. 
Approve and issue all zoning and occupancy certificates and make and maintain records thereof.
2. 
Conduct inspections of buildings, structures and uses of land to determine compliance with the provisions of the Zoning Regulations.
3. 
Receive, file and forward to the Board of Adjustment the records in all appeals and all other applications.
4. 
Maintain permanent and current records of the Zoning Regulations, including, but not limited to, all Zoning Maps, amendments, conditional uses, variances, appeals and applications therefor and records of hearings thereon.
5. 
Prepare and have available in book, pamphlet or map form on or before March 31 of each year:
a. 
The compiled text of the Zoning Regulations and amendments thereto, including all amendments adopted through the preceding December 31; and
b. 
A Zoning Map or maps showing the zoning districts, divisions and classifications in effect on the preceding December 31.
6. 
Maintain for distribution to the public a supply of copies of the Zoning Map or Maps, the compiled text of the Zoning Regulations and the rules of the Board of Adjustment.
7. 
Provide such clerical, technical and consultative assistance as may be required by the Planning and Zoning Commission, Board of Adjustment and other boards, commissions and officials in the exercise of their duties relating to these regulations.
[R.O. 1991 § 400.605; Ord. No. 2865-13 § 1(Exh. A § 400.605), 4-2-2013]
A. 
Zoning Certificates. Unless a zoning certificate shall first have been obtained from the office of the Zoning Administrator:
1. 
The construction, building, moving, remodeling or reconstruction of any structure shall not be commenced;
2. 
The improvement of land preliminary to any use of such land shall not be commenced; and
3. 
Any zoning certificate issued in conflict with the provisions of these regulations shall be null and void.
B. 
Application For Zoning Certificate.
1. 
Every application for a zoning certificate shall be accompanied by the following:
a. 
A plat, in duplicate, of the piece or parcel of land, lot, lots, block or blocks or parts or portions thereof drawn to scale showing the actual dimensions of the piece or parcel, lot, lots, block or blocks or parts or portions thereof according to the recorded plat of such land.
b. 
A plot plan, in duplicate, drawn to scale and in such form as may, from time to time, be prescribed by the Zoning Administrator showing the location, ground area, height and bulk of all present and proposed structures, drives and parking lots, the building lines in relation to lot lines, waste disposal areas, the use to be made for such present and proposed structures on the land and such other information as may be required by the Zoning Administrator for the proper enforcement of these regulations.
2. 
One (1) copy of both the plat and the plot plan shall be retained by the Zoning Administrator as a public record.
C. 
Issuance Of Zoning Certificate. A zoning certificate shall be either issued or refused by the Zoning Administrator within ten (10) days after the receipt of an application or within such further period as may be agreed to by the applicant. When the Zoning Administrator refuses to issue a zoning certificate, he/she shall advise the applicant in writing of the reasons for the refusal.
D. 
Period Of Validity. A zoning certificate shall become null and void six (6) months after the date on which it is issued unless within such six (6) month period construction, building, moving, remodeling or reconstruction of a structure is commenced or a use is commenced.
E. 
Occupancy Certificates. No structure or addition thereto constructed, built, moved, remodeled or reconstructed after the effective date of these regulations shall be occupied or used for any purpose; and no land vacant on the effective date of these regulations shall be used for any purpose; and no use of any land or structure shall be changed to any other use, unless an occupancy certificate shall first have been obtained from the office of the Zoning Administrator certifying that the proposed use of occupancy complies with all the provisions of this Chapter.
1. 
Application For Occupancy Certificate. Every application for a zoning certificate shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new or changed use of land or structures where no zoning certificate is required shall be filed with the office of the Zoning Administrator and be in such form and contain such information as the Zoning Administrator shall provide by general rule.
2. 
Issuance Of Occupancy Certificate. No occupancy certificate for a structure or addition thereto constructed, built, moved, remodeled or reconstructed after the effective date of these regulations shall be issued until such work has been completed and the premises inspected and certified by the office of the Zoning Administrator to be in full and complete compliance with the plans and specifications upon which the zoning certificate was issued. No occupancy certificate for a new use of any structure or land shall be issued until the premises have been inspected and certified by the office of the Zoning Administrator to be in full and complete compliance with all the applicable regulations for the zoning district in which it is located. Pending the issuance of a permanent occupancy certificate, a temporary occupancy certificate may be issued to be valid for a period not to exceed six (6) months from its date pending the completion of any addition or during partial occupancy of the premises. At the discretion of the Zoning Administrator, an escrow agreement may be required prior to the issuance of a temporary occupancy permit. An occupancy certificate shall be issued or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued within ten (10) days after the receipt of an application therefor or after the office of the Zoning Administrator is notified in writing that the structures or premises are ready for occupancy.
[R.O. 1991 § 400.610; Ord. No. 2865-13 § 1(Exh. A § 400.610), 4-2-2013]
A. 
Violations. If any building or structure is erected, constructed, reconstructed, altered, converted or maintained or any building, structure or land is used in violation of these regulations, the City, in addition to other remedies, may institute any appropriate action 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, conduct, business or use in or about such premises. Such regulations shall be enforced by the Zoning Administrator or any other officer authorized to issue building permits, who is empowered to cause any building, structure, place or premises to be inspected and examined and to order, in writing, the remedy of any condition found to exist therein or thereat in violation of any provision of this Chapter.
B. 
Penalty. 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 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., for the second 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. 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 and fifty dollars ($250.00).