[Ord. No. 468-2011 §1, 3-15-2011]
A.
The
Building Inspector or his/her duly authorized representative shall
have the power to enforce the provisions of this Chapter. No building
or other structure shall be erected, constructed, reconstructed or
moved, nor shall it be altered without first obtaining a building
permit from the Building Inspector to be issued in accordance with
the terms of this Chapter. The Building Inspector is further empowered
to word in writing the remedying of any condition found to exist therein
or thereafter in violation of any provision of the regulations enumerated
in this Chapter.
B.
Applications
for building permits shall be filed with the Building Inspector upon
forms prescribed, setting forth, among other things, the legal description
of the lot, tract or parcel of land, together with a general description
of the building or structure to be constructed, erected or altered
thereon including the approximate size and shape, location of the
building or structure upon the lot, tract or parcel and the intended
use.
C.
No
such permit shall be issued for any building, structure or construction
unless the same be in conformity in every respect with all the provisions
of this Zoning Code.
D.
The Building Inspector shall be empowered to act within the provisions of this Chapter upon all applications for building permits, and the same shall be approved or denied not later than the fifth (5th) business day succeeding the day of filing. In the event of refusal to issue a permit upon application, as herein provided, the applicant may perfect an appeal to the Board of Adjustment as provided in Section 405.270.
E.
There
shall be a separate permit for each building or structure to be constructed,
erected or altered, except accessory buildings and appurtenances which
may be included in the permit for the main building when construction
is simultaneous.
F.
A permit
may be revoked by the Building Inspector at any time prior to the
completion of the building or structure for which the same was issued
when it shall appear that there is departure from the plans, specification
or conditions as required under the terms of the permit, that the
same was procured by false representation or was issued by mistake,
or that any of the provisions of the Zoning Code are being violated.
Upon the failure, refusal or neglect of any owner, his/her agent,
contractor or duly authorized representative to secure such permit
and pay the prescribed fee therefor, as herein provided, the Building
Inspector may issue a stop order, provided however, twenty-four (24)
hours' written notice of such revocation or order to stop shall be
served upon the owner, his/her agent, or contractor, or upon any person
employed upon the building or structure for which such permit was
issued, and thereafter no such construction shall proceed.
[Ord. No. 468-2011 §1, 3-15-2011]
A.
The
Board of Adjustment may, during a period of one (1) year from the
date of the adoption of this Chapter, and after public hearing, order
the Building Inspector to issue a building permit for the erection,
construction, reconstruction or alteration of a building or structure,
which building or structure cannot reasonably comply with one (1)
or more of the provisions of this Chapter, provided:
1.
A vested right in such building or structure has been acquired by
the applicant and that the existence of such vested right be proven
beyond reasonable doubt.
2.
A substantial amount of said vested right would be lost if all regulations
of this Chapter were complied with.
3.
Said erection, construction, reconstruction, or alteration be carried
out diligently and be completed within one (1) year of the date of
the building permit issued therefor.
[Ord. No. 468-2011 §1, 3-15-2011]
A.
A Board
of Adjustment is hereby established in accordance with the provisions
of Chapter 89, RSMo., regarding the zoning of Cities. The word "Board", when used in this Chapter, shall be construed to
mean Board of Adjustment.
B.
The
Board shall consist of five (5) residents appointed by the Mayor and
approved by the City Council. The term of the office of the members
of the Board shall be for five (5) years, excepting that five (5)
members first (1st) appointed shall serve respectively for terms of
one (1) year; two (2) years; three (3) years; four (4) years; and
five (5) years; thereafter members shall be appointed for terms of
five (5) years each. The members shall elect their own Chairman and
Secretary, who shall serve for one (1) year. Vacancies shall be filled
for the unexpired term only. Members may be removed for cause by the
Mayor and the City Council upon written charges and after public hearing.
The Board shall adopt rules of procedure in accordance with the provisions
of this Chapter. 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 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 immediately filed in the office of the Board and shall
be a public record. All testimony, objections thereto, and rulings
thereon shall be taken down by a reporter employed by the Board for
that purpose. The presence of three (3) members of the Board shall
constitute a quorum for the transaction of business, provided however,
that the concurring vote of four (4) members of the Board shall be
necessary to effect a ruling in favor of an appellant.
C.
Appeals. Appeals to the Board of Adjustment may be taken
by any person aggrieved or by any office, department, or board of
the City of Neosho affected by any decision of the Building Inspector.
Such appeal shall be taken within thirty (30) days by filing with
the officer from whom the appeal is taken, and with the Board of Adjustment,
a notice of appeal in writing specifying the grounds thereof. The
officer from whom the appeal is taken shall forthwith transmit to
the Board all papers constituting the record upon which the action
appealed from was taken.
D.
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, after the notice of appeal shall have been filed with him,
that by reason of facts stated in the certificate a stay would in
his/her opinion cause imminent peril to life or property. In such
cases proceedings shall not be stayed otherwise than by a restraining
order which may be granted by the Board of Adjustment or by the Circuit
Court, on application or notice to said officer and on due cause shown.
E.
The
Board of Adjustment shall fix a reasonable time for the hearing of
the appeal and give public notice thereof by publication one (1) time
in a local newspaper of general circulation not less than five (5)
nor more than fifteen (15) days prior to said hearing, as well as
due notice to the parties in interest. Upon the hearing, any party
may appear in person or by agent or by attorney.
F.
The
Board shall render its decision within thirty (30) days of such hearing.
The appellant and the officer appealed from shall be notified in writing
of the decision of the Board.
G.
The Board of Adjustment shall render decisions only on appeals from an action of the Building Inspector. The Board shall render a decision only when it has determined that a permit has been incorrectly issued or denied, or when it has determined that the ordinance has been incorrectly interpreted, or when the appellant proves undue and unnecessary hardship due to a provision or provisions herein contained as applied to a specific lot or tract. In case an unnecessary or undue hardship, due to peculiar characteristics of a specific lot or tract, is proven, the Board may issue a variance, signed by the Chairman, and setting out any conditions to be met. A copy of the variance shall be sent to the Building Inspector who shall issue a building permit setting out the terms of the variance. In no case shall the Board of Adjustment issue a variance or an order permitting a use to be placed in a district in which it is not permitted in this Chapter, except as provided in Section 405.260. In no case shall the Board decide an appeal from an action of the City Council. The concurring vote of four (4) members of the Board shall be necessary to effect a decision. In all cases the spirit and intent of this Chapter shall be observed, public safety and welfare secured, and substantial justice done.
H.
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.
I.
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 City of Neosho may present to the Circuit Court a petition
duly verified, setting forth that such decision is illegal, in whole
or in part, 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 Section 89.110, RSMo., and amendments
thereto.
[Ord. No. 468-2011 §1, 3-15-2011]
A.
Subsequent
to the effective date of this Chapter, no change in the character
of use or in the occupancy classification of land or of a building
shall be made, nor shall any new building be occupied, until a certificate
of occupancy has been issued by the Building Inspector. Every certificate
of occupancy shall state that the new occupancy complies with all
provisions of this Chapter.
B.
No
permit for excavation for, or the erection or alteration of, any building
shall be issued before the application has been made and approved
for a certificate of occupancy and compliance, and no building or
premises shall be occupied until such certificate and permit is issued.
C.
A certificate
of occupancy shall be required of all lawful non-conforming uses of
land or buildings erected at the time of passage of this Chapter.
Application for such certificates of occupancy for non-conforming
uses shall be filed with the Building Inspector by the owner or lessee
of the land or building occupied by such non-conforming use within
two (2) years from the effective date of this Chapter.
D.
It
shall be the duty of the Building Inspector to issue a certificate
of occupancy for a lawful non-conforming use, but failure to apply
for such certificate of occupancy for non-conforming use or failure
of the Building Inspector to issue such certificate of occupancy for
non-conforming use shall be considered evidence that such non-conforming
use did not lawfully exist at the effective date of this Chapter.
E.
A record
of all certificates of occupancy shall be kept on file in the office
of the Building Inspector, and copies shall be furnished on request
to any person having a proprietary or tenancy interest in land or
building affected by such certificate of occupancy.
[Ord. No. 468-2011 §1, 3-15-2011]
In interpreting and applying the provisions of this Chapter,
they shall be held to be the minimum requirements for the promotion
of the public safety, health, convenience, comfort, morals, prosperity
and general welfare. It is not intended by this Chapter to interfere
with or abrogate or annul any easements, covenants or other agreements
between parties, or any Statute, local ordinance or regulation, except
that if this Chapter imposes a greater restriction, or higher standard,
this Chapter shall control.
[Ord. No. 468-2011 §1, 3-15-2011]
A.
Applications
for amendment, revision or change of the Zoning District Map of Neosho
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 and current mailing
address of the owner. Such application shall be made upon forms prescribed
by the Planning and Zoning Commission and duly filed with the City
Clerk.
B.
Applications
for amendment, revision or change of any of the rules, regulations
or provisions of the text of the Zoning Code of Neosho, other than
the Zoning District Map, or application for a special use permit,
or application for vacation of streets and alleys, may be made by
any interested person on forms prescribed by the Planning and Zoning
Commission and duly filed with the City Clerk.
C.
A fee
of fifty dollars ($50.00), plus such sum as may be expended for publication
and notice as hereinafter provided, shall accompany each application
for an amendment or special use permit or application for vacation
of streets and alleys. Immediately upon receipt of such application,
the City Clerk shall note thereon the date of filing and make a permanent
record thereof.
[Ord. No. 198-2021, 7-6-2021]
D.
All
such applications shall be set down for hearing before the Planning
and Zoning Commission and not later than the second (2nd) regular
monthly meeting of the Commission 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. Notice of such
hearing shall be published in two (2) issues (not successive) of a
newspaper of general circulation within the City of Neosho, the first
(1st) of such notices to be published not more than fifteen (15) days
and not less than five (5) days prior to date of said hearing before
the Commission. In addition to published notice as herein provided,
there shall be posted in four (4) places on the boundaries and at
or near the corners of the area affected by the proposed change, placards
measuring at least eight (8) inches by ten (10) inches in dimension,
and carrying wording substantially as follows:
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THIS PROPERTY IS THE SUBJECT OF
AN APPLICATION FOR
ZONING CHANGE
| |
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FROM
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CLASSIFICATION
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TO
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CLASSIFICATION
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HEARING ON SAID APPLICATION WILL BE HELD BEFORE THE ______________
ON THE ____ DAY OF __________ 20__ AT ___ O'CLOCK __M. AT THE
| |
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OR
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SPECIAL USE PERMIT
| |
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TO ALLOW THE FOLLOWING SPECIAL USE:
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HEARING ON SAID APPLICATION WILL BE HELD BEFORE THE ______________
ON THE _____ DAY OF __________ 20__ AT ___ O'CLOCK __M. AT THE
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OR
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VACATION OF A STREET
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FROM
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TO
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HEARING ON SAID APPLICATION WILL BE HELD BEFORE THE ______________
ON THE ____ DAY OF __________ 20__ AT ___ O'CLOCK __M. AT THE
| |
E.
Upon
the final hearing of such application the Commission shall approve
or deny the same and a report of such action, together with a recommendation
for final approval or denial shall be made by the Commission to the
City Council.
F.
Before
acting upon any application for amendment or special use permit, the
Council shall set a time and place for a hearing thereon, notice of
which hearing shall be published at least one (1) time in a newspaper
of general circulation in the City of Neosho, not less than fifteen
(15) days prior to the date of such hearing.
G.
Recommendations
for revision, or amendment of this Chapter, including the Zoning District
Map, may also be made by Planning Commission upon its own motion,
for final determination by the City Council; likewise the City Council
may revise, modify or amend this Chapter, 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 herein.
H.
In
case of a protest against a change in regulations, restrictions or
boundaries is duly signed and acknowledged by 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 City Council. Provided
further that as to the vacation or abandonment of streets, such vacation
or abandonment shall not become effective except by favorable vote
of two-thirds (2/3) of all members of the City Council, unless a consent
of the persons owning two-thirds (2/3) of the property immediately
adjoining thereto be obtained therefore in writing, which consent
shall be acknowledged by the City Clerk and filed for record in the
office of the City Clerk in said City.
I.
A signature
of an owner is deemed acknowledged only if it is signed before a notary
public or before the City Clerk.
J.
A signature
by one (1) owner of a tenancy by the entirety is insufficient and
void.
[Ord. No. 468-2011 §1, 3-15-2011]
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 proper local authorities
of the municipality, 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, 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 the regulations enumerated herein.
B.
The
owner or general agent of a building or premises in or upon which
a violation of any provision of this Chapter has been committed or
shall exist; or the lessee or tenant of an entire building or entire
premises in or upon which violation has been committed or shall exist;
or the owner, general agent, lessee or tenant of any part of the building
or premises in or upon which such violation has been committed or
shall exist; or the general agent, architect, building contractor
or any other person who commits, takes part or assists in any violation
or who maintains any building or premises in or upon which 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) nor
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 these regulations
in the respect named in such order, shall also be subject to a civil
penalty of two hundred fifty dollars ($250.00).
[Ord. No. 468-2011 §1, 3-15-2011]
All rights or remedies of the City of Neosho are expressly saved
as to any and all violations of previous zoning regulations or amendments
thereto of said City that have accrued at the time of the effective
date of this Chapter (April 2, 1985); and as to such accrued violations,
the City and the courts shall have all the powers that existed prior
to the effective date of this Chapter; and all existing violations
of previous zoning regulations which would otherwise become non-conforming
uses under this Chapter shall not become legal non-conforming uses
under this Chapter, but shall be a violation of this Chapter in the
same manner that they were violations of prior zoning regulations.
