[Ord. No. 2005-03 §420.300, 5-9-2005; Ord. No. 2006-05 §1(420.300), 8-14-2006]
A.
Zoning Inspector. There is hereby created the position of
Zoning Inspector. The Mayor with the concurrence of the Board of Aldermen
shall designate a City employee as the Zoning Inspector.
B.
Duties. The Zoning Inspector shall:
1.
Enforce the provisions of this Chapter.
2.
Receive applications required by this Chapter and issue permits.
3.
Examine premises for which permits have been issued and shall make
necessary inspections to see that the provisions of the law are complied
with.
4.
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 be otherwise provided for.
5.
Make, when the interests of the City so require, investigations in
connection with matters referred to in this Chapter.
6.
Issue such notices or orders in accordance with these regulations
as may be necessary for the purpose of enforcing compliance with this
Chapter or other laws.
C.
Rules. The Zoning Inspector may establish rules consistent
with this Chapter to carry into effect its provisions subject to the
approval of the Planning and Zoning Commission.
D.
Records. The Zoning Inspector shall keep careful and comprehensive
records of applications, of permits issued, of inspections made, of
reports rendered and of notices or orders issued and make semi-annual
reports to the Planning and Zoning Commission and the Board of Aldermen.
E.
Permits.
1.
Building permits. It shall be unlawful to construct,
alter, repair in excess of three thousand dollars ($3,000.00), remove
or demolish or to commence the construction, alteration, removal or
demolition of a building or structure without first filing with the
Zoning Inspector an application in writing and obtaining a formal
building permit. Repairs pertain to structural work, such as reconfiguring
a structure that impacts on load bearing walls, changes the size and
the like. Work in the nature of painting, removing and replacing a
roof, changing or adding kitchen cabinets or changing or adding gutters
would not require a permit. Permits shall not be required for one-story
detached structures that do not exceed two hundred (200) square feet
or as otherwise provided for in Section R105.2, Building, of the International
Residential Building Code for 2006.
2.
Land use permits. A land use permit must be obtained
from the Zoning Inspector for any use of land on which no building
or structure is to be erected.
3.
Application for a permit. An application for a permit
shall be submitted in such form as the Zoning Inspector may prescribe.
Such application shall be accompanied by payment of such fees as the
Governing Body may establish. There shall also be filed a plot diagram
in a form and size suitable for filing permanently with the permit
record, drawn to scale, with all dimensions figured, showing accurately
the size and exact location of all proposed new construction, type
and extent of repair or, in the case of demolition, of such construction
as is to be demolished and of all existing buildings. Where no building
or structure is to be erected, the applicant shall state on the application
for a permit the nature of the proposed use of the land.
4.
Commencement of construction. Any building permit
issued hereunder shall provide that commencement of the construction,
alteration, removal or demolition of the building or structure covered
by the permit shall commence within three (3) months from the date
of the issuance of said permit and that all work contemplated by said
permit shall be completed within one (1) year from the date of issuance
of said permit.
5.
Extension of permit. For good cause shown, the Zoning
Inspector may extend any permit granted hereunder for a period of
up to ninety (90) days both from start date and the expiration of
the one (1) year period set forth in Subparagraph (4) above.
6.
Issuance of building permit. The Zoning Inspector
may issue a building permit only after the plat receives final approval.
7.
Issuance of occupancy permit. The Zoning Inspector
may issue an occupancy permit for a residence only after all necessary
infrastructures to the residence render it habitable in accordance
with proper completion of all applicable items on the building permit
information checklist on file in the office of the Director of Public
Works.
F.
Amendments To Applications. Nothing in this Section shall
prohibit the filing of amendments to an application at any time before
the completion of the work for which the permit was sought. Such amendments,
after approval, shall be filed with and be deemed a part of the original
application.
G.
Action On Application. If the Zoning Inspector finds no
objection to the application and it appears that the proposed work
will be in compliance with the laws and ordinances applicable thereto,
the Zoning Inspector shall approve such application and issue a permit
for the proposed work within thirty (30) days of receipt of the application.
If the Zoning Inspector's examination reveals otherwise, the Zoning
Inspector will reject such application noting the findings in a report
to be attached to the application and deliver a copy to the applicant.
H.
Condition Of The Permit. All work performed under a permit
issued by the Zoning Inspector shall conform to the approved application
and plans and approved amendments thereto. The location of all new
construction as shown on the approved plot diagrams or an approved
amendment thereof shall be strictly adhered to. It shall be unlawful
to reduce or diminish the area of a lot or plot of which a plot diagram
has been filed and has been used as the basis for a permit, unless
a revised plot diagram showing the proposed change in conditions shall
have been filed and approved; provided that this shall not apply when
the lot is reduced by reason of a street opening or widening or other
public improvement. It shall be unlawful to change the use of land
for which a land use permit has been issued until a revised land use
permit has been obtained.
I.
Revocation.
1.
The Zoning Inspector may revoke a permit or approval issued under
the provisions of this Chapter in case:
2.
Prior to such revocation of any permit or approval, the Zoning Inspector
shall provide written notice by certified mail return receipt to the
applicant of the reason(s) for the contemplated revocation and inform
the applicant that the applicant has ten (10) calendar days from three
(3) days after the post office date stamps the certified mail to correct
the problem(s).
[Ord. No. 2005-03 §420.310, 5-9-2005]
A.
Appointment, Term, Vacancies, Organization. The Mayor, with
the concurrence of the Board of Aldermen, shall provide for the appointment
of a Board of Adjustment and in the regulations and restrictions adopted
pursuant to the authority of Sections 89.010 to 89.140, RSMo., may
provide that the Board of Adjustment may determine and vary their
application in harmony with their general purpose and intent in accordance
with general or specific rules therein contained. The Board of Adjustment
shall consist of five (5) members who shall be residents of the City
except as provided in Section 305.410, RSMo. The membership of the
first (1st) board appointed shall serve respectively, one (1) for
one (1) year, one (1) for two (2) years, one (1) for three (3) years,
one (1) for four (4) years and one (1) for five (5) years. Thereafter
members shall 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. All members and alternates
shall be removable for cause by the Mayor with the concurrence of
the Board of Aldermen upon written charges and after public hearing.
Vacancies shall be filled for the unexpired term of any member whose
term becomes vacant by the Mayor with the concurrence of the Board
of Aldermen.
B.
Procedure. The Board shall organize and elect a Chairman,
Vice Chairman and Secretary from its membership to serve for a term
of one (1) year. The Board shall then adopt rules for its own governance
in accordance with this Chapter. All members of the Board shall have
equal voting rights. Meetings shall be held at the call of the Chairman
and at such times as the Board deems advisable. The Chairman, or in
the absence of the Chairman the Vice Chairman, may administer oaths.
The Board may compel the attendance of witnesses. All meetings of
the Board shall be open to the public. The Secretary shall keep minutes
of the proceedings, indicating the vote of each member on each question
or if absent or failing to vote, so note. Also the Secretary shall
keep records of the Board's examination and other official actions,
all of which are to be immediately filed in the office of the Board
and become public record. The Secretary shall conduct all official
correspondence and supervise the clerical work of the Board. Three
(3) members of the Board shall constitute a quorum. The Board shall
act by resolution; and the concurring vote of four (4) members of
the Board shall be necessary to reverse any order, requirement, decision
or determination of the Board from which there has been an appeal.
C.
Power Of The Board. The Board shall have the following powers:
1.
To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by the Zoning
Inspector or in the enforcement of this Chapter.
2.
To hear and decide all matters referred to it or upon which it is
required to pass under this Chapter.
3.
In passing upon appeals 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 or any of the regulations
or provisions of this Chapter relating to the use, construction or
alteration of buildings or structures or the use of land so that the
spirit of the Chapter shall be observed, public safety and welfare
secured and substantial justice done.
D.
Appeal To The Board Of Adjustment. Appeal to the Board 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 City affected by
any decision. Such appeal shall be taken within a reasonable time,
as provided by the rules of the Board, by filing with the Zoning Inspector
and with the Board a notice of appeal specifying the grounds thereof
and providing the Board a list of current property owners within an
area determined by lines drawn parallel to and one hundred eighty-five
(185) feet distance from the boundaries of the property impacted by
the appeal. In no event shall said appeal be filed more than thirty
(30) calendar days from the date the decision appealed from was made.
A fee of five hundred dollars ($500.00) shall accompany each notice
of appeal and said sum shall be deposited in the General Revenue Fund.
The Zoning Inspector 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 actions
appealed from, unless the Zoning Inspector certifies to the Board
after the notice of appeal shall have been filed with the Zoning Inspector
that by reason of facts stated in the certificate a stay would, in
the Zoning Inspector's opinion, cause immediate peril to life or property.
The Board shall fix a time for the hearing of the appeal within thirty
(30) days following its receipt, give public notice thereof and by
letter sent first class mail to property owners as provided by applicant
or by any publication one (1) time in a local newspaper of general
circulation in the City not less than five (5) nor more fifteen (15)
days prior to the date of said hearing. Any party may appear in person
or by agent or by attorney.
E.
Decision Of The Board. The Board shall render decisions
only on appeals from an action of the Zoning Inspector. The Board
shall take action only when it has determined that a permit has been
incorrectly issued or denied, when it has determined that the Chapter
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, as distinguished from a mere grant of a privilege, the
Board may issue a variance signed by the Chairman and set out any
condition or conditions to be met. A copy of the variance shall be
sent to the Zoning Inspector, the Planning and Zoning Commission and
the Board of Aldermen. The Zoning Inspector shall issue a building
permit setting out the terms of the variance. In no case shall the
Board issue a variance or an order permitting a use to be placed in
a district in which it is not permitted in this Chapter. In all cases,
the spirit and intent of this Chapter shall be observed, public safety
and welfare secured and substantial justice done. In exercising the
above mentioned powers, the Board may, in conformity with the provision
of this Chapter, reverse, affirm, wholly or partly, or 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. If the Board grants all of the relief requested
by the appellant, the City shall refund the fee without interest.
F.
Appeal From Decision Of The Board. Any person or persons
jointly or severally aggrieved by any decision of the Board, any neighborhood
organization as defined in Section 32.105, RSMo., representing such
person or persons, or any officer, department or board of the City
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.
[Ord. No. 2005-03 §420.330, 5-9-2005]
A.
Application For Amendment. Applications for amendment, revision
or change of the City Zoning District Map 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 Commission and duly filed
with the Commission. Applications for amendment, revision or change
of any of the rules, regulations or provisions of the text of the
City zoning ordinance, other than the Zoning District Map, may be
made by any interested person on forms prescribed by the Commission
and duly filed with the Commission.
B.
Fee. A fee as set forth in the fee schedule shall accompany
each application for an amendment, except for those amendments introduced
by a member of the Board of Aldermen or the Commission and said sum
shall be deposited in the City's General Revenue Fund and shall not
be refundable.
C.
Hearing. Immediately upon receipt of such application, the
Commission shall note thereon the date of filing and make a permanent
record thereof. All such applications shall be set down for hearing
before the Commission not later than thirty (30) days from the date
of the filing. Any such hearing may, for good cause at the request
of the applicant or in the discretion of the Commission, be continued.
At least fifteen (15) days prior to the hearing notice of the time
and place of such hearing shall be published in a newspaper of general
circulation within the City. Upon the final hearing of such application,
the Commission shall approve or deny it; and a report of such action,
together with a recommendation for final approval or denial, shall
be made in writing by the Commission to the Board of Aldermen. The
Board of Aldermen shall approve or deny the application.
D.
Amendment By Commission Or Board Of Aldermen. Recommendations
for revision or amendment of this Chapter, including the Zoning District
Map, may also be made by the Commission upon its own motion for final
determination by the Board of Aldermen. Likewise, the Board of Aldermen
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 Commission for recommendations and
a report. In either case, final action thereon shall be taken only
upon notice and hearing as provided herein.
E.
Protest Of Amendment. In case a protest against such revision
or amendment is presented, 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 revision or amendment shall not become effective
except by the favorable vote of two-thirds (⅔) of all the members
of the Board of Aldermen.
[Ord. No. 2005-03 §420.350, 5-9-2005]
A.
Remedies. 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 City, 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.
B.
Penalties. 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 general agent, architect, builder, contractor
or any other person commits, takes part or assists in any such violation
shall be guilty of a violation of a City ordinance 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
not more than two hundred fifty dollars ($250.00) for each and every
day that such violation shall continue or by imprisonment for up to
ninety (90) days for each and every day such violation shall continue,
or by both such fine and imprisonment in the discretion of the court.
However, for the second (2nd) and subsequent offenses involving the
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) day 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 or violations, shall fail
to comply with such order within ten (10) days after such service
or shall continue to violate any provision of this Chapter in the
respect named in such order, shall also be subject to a civil penalty
of two hundred fifty dollars ($250.00).
