[Ord. No. 258 Art. 9 §901; Ord. No. 505 §2, 4-22-1991; Ord. No. 01-016 §1, 8-13-2001]
Required Prior To Occupancy. It shall be unlawful for any person, governmental entity, firm or corporation to hereafter occupy or initiate a use upon a premises or for any owner or agent thereof to permit the occupancy of any building or structure or addition thereto or part thereof for any purpose until an occupancy permit has been issued by the Building Inspector authorizing such use or occupancy. The occupancy permit shall be issued only upon the filing of an application thereof and an inspection that shows that:
With respect to the occupancy of buildings, the building as proposed to be occupied was in compliance with applicable City regulations and ordinances and is not a dangerous building within the meaning of the definition of that term in the City Code or any amendment to said definition; and
With respect to any use of the premises, the proposed use is in compliance with City subdivision regulations and zoning regulations.
Where a building is divided for different occupancies or uses, then an occupancy permit shall be required for each unit thereof. Any violation of this Subsection shall be punishable by a fine in accordance with the ordinances of the City of Herculaneum.
Exemption. This Section shall not apply to any occupancy or use in existence at the time of the adoption of this Section until a change of occupancy or use occurs or until a non-conforming use is prohibited by Section 430.020; provided however, that the City may proceed under its dangerous buildings regulations contained in Chapter 505 of the Code if the building is a dangerous building as defined therein.
Application. The occupancy permit application shall contain such information as is determined by the Building Commissioner to be relevant to the enforcement of this Section, including the name of the applicant, the name of the occupants, dimensions of the building, number of expected occupants who will occupy the premises and planned use of the premises. It shall be unlawful for any person to knowingly make any false statement in his/her application for an occupancy permit.
Records. It shall be the duty of the Building Inspector to keep a record of all applications for building permits, a record of all permits issued and a record of all certificates of occupancy, together with a notation of all such special conditions involved. He/she shall file and safely keep copies of all plans submitted and the same shall be a part of the records of his/her office and shall be available for the use of the officials of the City of Herculaneum.
Change Of Ownership Or Occupancy. Each time ownership or occupancy of a building or addition thereto or part thereof shall change, or anytime an added or different use is made of such premises, a new occupancy permit shall be applied for and obtained. Any such change must be reported by the owner to the Building Commissioner in a new application for an occupancy permit so that an enforcement officer may inspect the structure according to the provisions of this Section. Failure to register or make a report of a change of occupancy or ownership or failure to file an application for an occupancy permit before the occurrence of such change shall constitute a violation of this Section; and the person, governmental entity, corporation or firm responsible for the failure shall be subject to the penalties of this Section.
Inspection Generally. No multiple-family residential apartment unit shall be inspected more than one (1) time per year; and in the event an application for an occupancy or building use permit is made for such unit less than one (1) year since the last passing inspection thereof, said occupancy and use permit shall be issued without any inspection unless the permit-issuing authority has reasonable cause to believe that conditions in the unit or proposed uses of the unit violate existing City ordinances, rules or regulations. In addition, the permit-issuing authority may waive the necessity of an inspection of the premises for which an application for an occupancy or use permit of a dwelling unit in a multiple-family residential building is made if conditions of the building in which the unit is located and other inspection of other units in that building within a reasonable time have demonstrated that there is no need for an inspection of the unit.
The Building Official will not issue any occupancy certificates or permits as set forth under this Section to any delinquent taxpayer.
[Ord. No. 258 Art. 9 §902; Ord. No. 05-035 §1, 9-26-2005; Ord. No. 06-014 §1, 3-13-2006; Ord. No. 08-2010 §1, 4-26-2010]
The Board of Adjustment is hereby established in the manner prescribed by law. The Board of Adjustment shall consist of five (5) members who shall serve without compensation. The Mayor and the members of the Board of Aldermen shall stagger the terms of the members. One (1) shall be appointed for a term of one (1) year, one (1) shall be appointed for a term of two (2) years, one (1) shall be appointed for a term of three (3) years, one (1) shall be appointed for a term of four (4) years and one (1) shall be appointed for a term of five (5) years. Thereafter, members are to be appointed for terms of five (5) years each. Three (3) alternate members may be appointed to serve in the absence of or the disqualification of the regular members. Should the Mayor and Board of Aldermen choose to appoint alternates, they should designate the alternates as the first (1st) alternate, second (2nd) alternate and third (3rd) alternate. The first (1st) alternate shall be appointed for term of three (3) years, the second (2nd) alternate shall be appointed for a term of two (2) years, and the third (3rd) alternate shall be appointed for a term of one (1) year. Thereafter, the alternate shall also serve for a period of five (5) years. The alternates shall only participate in the event a regular member is absent or unable to participate for some other reason. In the event of the absence of a regular member, the Chairman of the Board of Adjustment shall so advise the Board and the first (1st) alternate will be chosen to serve and the alternates shall serve in the order so designated. All members and alternates shall be removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The Board shall elect its own Chairman and Vice Chairman who shall serve for one (1) year. The Board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to Sections 89.010 to 89.140 of Chapter 89, RSMo. The person submitting an application to the Board of Adjustment shall deposit with the application a sum sufficient to cover the cost of notice or publication and any other costs which may be incurred as a result of such application. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. Such Chairman, or in his/her absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon any question or, if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions. All testimony, objections thereto and rulings thereof shall be taken down by the reporter employed by the Board for that purpose.
Powers. The Board of Adjustment shall have the following powers:
To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of these Sections or of any ordinance adopted pursuant thereto;
To hear and decide all matters referred to it or upon which it is required to pass under such ordinance;
In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way or carrying out the strict letter of such ordinance, to vary or modify the application of any of the regulations or provisions of such ordinance relating to the use, construction or alteration of buildings or structures or the use of land so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done.
In exercising the above mentioned powers such Board may in conformity with the provisions of Sections 89.010 to 89.140, Chapter 89, RSMo., 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. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance.
Appeals to the Board of Adjustment may be taken by any person aggrieved 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.
Any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment, or any officer, department, board or bureau of the municipality, may present to the Circuit Court of the County or City in which the property affected is located a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Board. Upon the presentation of such petition the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten (10) days and may be extended by the court. The allowance or the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board and on due cause shown, grant a restraining order. The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be certified. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his/her findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which a determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. Costs shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from. All issues in any proceedings under Sections 89.080 to 89.110 in Chapter 89 RSMo., shall have preference over all other civil actions and proceedings.
Any person or entity who or which seeks an appeal to the Board of Adjustment of the City of Herculaneum, Missouri, pursuant to this Section 435.020 of the City Code, shall submit to the Board of Adjustment, along with his, her or its notice of appeal, payment of, or proof of payment of, a filing fee in the amount of four hundred dollars ($400.00).
[Ord. No. 258 Art. 9 §903]
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 Title or of any ordinance or other regulation made under authority conferred hereby, the City of Herculaneum may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversation, 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 Building Inspector who is empowered to cause any building, structure, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of this Title.
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 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 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 said order within ten (10) days after such service or shall continue to violate any provision of this Title in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).
[Ord. No. 258 Art. 9 §904; Ord. No. 98-022 , 11-9-1998]
The Planning and Zoning Commission may from time to time, on its own motion or on petition, after public notice and hearing as provided by law and after report by the Commission, amend, supplement or change the zoning order or the zoning district boundaries herein or subsequently established. The procedure is as follows:
Change by petition. Applications for amendment, revision or change of the Zoning District Map of the City of Herculaneum may be made by any owner or his/her attorney-in-fact who wants their land to be rezoned. If such application is made by the owner's attorney, he/she shall enter upon the application the name and current mailing address of the owner. Satisfactory evidence of ownership shall be provided at the time of application. Such application shall be made upon forms prescribed by the Planning and Zoning Commission. Accompanying said application shall be presented:
A legal description of the property to be rezoned.
An exact out-boundary survey of the property certified by a registered land surveyor and bearing his/her official seal.
A recent certificate of title to the property showing ownership.
A development plan, either in narrative form or a preliminary site plan, should be filed to indicate the intended use of the tract subject to rezoning.
A list of all property owners with addresses within one thousand (1,000) feet of the property to be rezoned.
A fee in the amount shown below, as controlled by the acreage shown, shall prevail:
Change by the Planning and Zoning Commission.
Recommendations for revision or amendment of this order, including the Zoning District Map, may also be made by the Planning and Zoning Commission upon its own motion, for final determination by the Board of Aldermen; likewise, the Board of Aldermen may revise, modify or amend this order including the Zoning District Map, upon its own motion, provided however, such proposed changes shall first be submitted to the Planning and Zoning Commission for recommendation and report. In either case, final action thereon shall be taken only upon notice and hearing as provided. In case, however, of a protest against such change duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets 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 amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the Board of Aldermen.
The owners of property rezoned shall be notified in writing by the Board of Aldermen, and said owner shall acknowledge the change in zoning and all conditions contingent thereto in writing by registered letter to the Board of Aldermen.