[R.O. 2012 §404.010; Ord. No. 88-5-5, 5-16-1988]
The Building Official or his/her duly authorized representative shall be empowered to act within the provisions of this Chapter upon all applications for permits. In the event of refusal to issue a permit upon an application, as herein provided, the applicant shall have the right to appeal to the Board of Adjustment as set in Section 404.080(D).
[R.O. 2012 §404.020; Ord. No. 91-4-2 §33(B), 4-1-1991]
No building or structure shall be erected, added to, or altered until a permit therefore has been issued by the Building Official. Except upon a written order of the Board of Adjustment, no such building permit shall be issued for any building where said construction, addition, or alteration or use thereof would be in violation of any of the provisions of this or other ordinances.
There shall be submitted with all applications for building permits three (3) copies of a layout or site plan, drawn to scale, showing actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and any accessory buildings to be erected, parking and any loading areas including access thereto, landscaping, and such other information as may be necessary to determine and provide for the enforcement of this Chapter. In the case of building permits in a Planned Zoning District, the Building Official shall determine that all aspects of the proposed construction conform to the final development plan which was approved and endorsed by the Planning Commission.
One (1) copy of such layout or plot plan shall be returned with approval by the Building Official together with such permit to the applicant.
In the interest of public safety, and for preservation of the traffic carrying capacity of the street system, the City Manager shall have the authority to restrict and regulate points of access to all property from the public street system before building permits are issued. When buildings or structures shall be hereafter erected, constructed, reconstructed, moved or altered, and development of the remainder of the parcel or adjoining property is adversely affected, or development conflicts with any provision or portion the Master Plan, Major Street Plan, subdivision ordinance, minimum design standards, or other provision of these regulations.
[R.O. 2012 §§404.030, 404.050; Ord. No. 88-5-5, 5-16-1988; Ord. No. 14-07-05 §17, 7-21-2014]
[R.O. 2012 §404.040; Ord. No. 88-5-5, 5-16-1988; Ord. No. 01-4-4, 4-2-2001; Ord. No. 01-11-4, 1-7-2001; Ord. No. 02-12-1, 12-2-2002]
After completion of a building or structure for which a building permit has been issued and all requirements of all codes and ordinances of the City have been met, a certificate of occupancy shall be issued, stating that the building or proposed use thereof complies with the provisions of this Chapter.
No non-conforming use shall be maintained, renewed, or changed without a certificate of occupancy having first been issued by the Building Official.
All Certificates of Occupancy shall be applied for coincident with the application for a Building or Land Use Permit. The certificate shall be issued within ten (10) days after the erection or alteration has been determined to comply with the provisions of this Chapter and other codes of the City of Excelsior Springs.
Copies of all Certificates of Occupancy maintained by the City shall be furnished upon request to any person having proprietary or tenancy interest in the building affected.
A builder, owner, or agent for the builder or owner may be prohibited from obtaining a building permit within the City of Excelsior Springs for a period of one (1) year from the date of the second (2nd) violation at the discretion of the Director of Codes Administration. Said builder or owner may appeal the Codes Director's decision to the City Manager or the City Council.
No additional or new building permits shall be issued in Excelsior Springs to a builder, owner, or agent for the builder or owner who has violated any part of this Subsection until such builder, owner, or agent for the builder or owner has obtained the required Certificate of Occupancy. Upon obtaining the required certificate, the builder or owner shall again be eligible for further building permits. A one hundred dollar ($100.00) reinspection fee shall be charged to the builder, owner, or agent for the builder or owner of a structure which violates this Subsection of the City Code if reinspection is necessary prior to issuance of a Certificate of Occupancy.
[R.O. 2012 §404.060; Ord. No. 91-4-2 §33(F), 4-1-1991; Ord. No. 91-12-7 §404.060(4), 12-9-1991]
When a building or land use permit is requested on a lot or tract abutting a public street, the Building Official shall determine that adequate right of way exists on that portion of the public street abutting the property. The minimum right of way shall be measured from the center line of the street to the property line of the lot or tract, and shall be as follows:
Single-family and multi-family area — twenty-five (25) feet.
Industrial areas — thirty (30) feet.
Secondary thoroughfares (including collectors) — thirty (30) feet.
Primary thoroughfares — forty (40) feet; except at major intersections fifty (50) feet may be required for a distance necessary to accommodate future roadway widening, according to traffic flow patterns.
Commercial streets — thirty (30) feet.
[R.O. 2012 §404.070; Ord. No. 88-5-5, 5-16-1988]
In any case where the abutting right of way does not clearly comply with the above dimensions, a building or land use permit shall not be issued for the lot or tract until title for the required additional right of way has been conveyed to the City in keeping with established procedures.
[R.O. 2012 §404.080; Ord. No. 88-5-5, 5-16-1988]
Any building or structure for which a building permit has been issued by the City of Excelsior Springs may be constructed according to the terms of said permit. In addition, during a period of ninety (90) days following the adoption of this ordinance a permit may be issued for any building or structure for which plans were substantially complete on the date of the adoption of this ordinance provided the Building Official, in his/her judgment, is convinced that the plans were indeed prepared in good faith and that substantial and undue hardship would prevail if the construction were not allowed to proceed. Such building, structure or site conditions may not conform in all respects with this Chapter but shall conform to the previous zoning ordinances and the codes of the City of Excelsior Springs. This period of transition may terminate ninety (90) days following the date of the adoption of this ordinance and thereafter all permits for construction shall require full conformance with this Chapter. In all cases of such non-compliance during this period of transition, construction shall begin within one hundred (100) days of the adoption of this ordinance or full compliance herewith shall be required.
[R.O. 2012 §404.090; Ord. No. 88-5-5, 5-16-1988; Ord. No. 02-9-5, 9-16-2002; Ord. No. 14-07-05 §18, 7-21-2014]
Purpose. The Board of Zoning Adjustment may grant variances from the provisions of this Chapter in harmony with its general purpose and intent and may vary them only in specific instances hereinafter set forth. The Board of Zoning Adjustment, based on standards hereafter prescribed and after hearing, may decide that these are practical difficulties or particular hardships in the way of carrying out the strict letter of these regulations. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement or decision of the party appealed from or to issue an order or variance or to decide in favor of an appellant.
The Board of Adjustment may vary the provisions of this Chapter as authorized in this Section, but only when it shall have made findings based upon evidence presented to it in the following specific cases:
That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located;
That the plight of the owner is due to unique circumstances;
That the variance, if granted, will not alter the essential character of the locality.
For the purpose of supplementing the above standards, the Board of Adjustment shall also, in making a determination of whether there are practical difficulties or particular hardships, take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:
That the particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner, as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out;
That the conditions upon which the petition for variance is based would not be applicable generally to other property within the same zoning classification;
That the alleged difficulty or hardship has not been created by any person having an interest in the property at any time after the effective date of this ordinance;
That the granting of the variance will not be detrimental to the public welfare in the neighborhood in which the property is located;
That the proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire or otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood.
The Board of Adjustment may require such conditions and restrictions upon the premises to be benefitted by a variance as may be necessary to comply with the standards set forth in this Section to reduce or minimize the injurious effect of such variance upon other property in the neighborhood and to implement the general purpose and intent of this Chapter. Failure to maintain such conditions or restrictions as may have been imposed shall constitute grounds for revocation of such variance.
Procedure. A variance shall be decided by the Board of Adjustment only after a hearing before the Board of Adjustment and in compliance with other requirements of applicable Statutes of the State of Missouri.
Appeals. An appeal may be taken to the Board of Adjustment by any person, firm, or corporation from any decision of the City, including the Building Official, made under this Chapter. Filing of the appeal shall be accompanied by a fee as specified in the Schedule of Fees, Title I, Appendix A.
Editor's Note: Ord. no. 08-9-2 has established terms for this board of zoning adjustment to be uniform with the terms of other boards and commissions with terms commencing September 30, 2009.
[R.O. 2012 §404.100; Ord. No. 88-5-5, 5-16-1988; Ord. No. 88-10-2 §33, 10-3-1988; Ord. No. 91-4-2 §36, 4-1-1991; Ord. No. 93-6-6 §404.100, 6-7-1993; Ord. No. 02-9-4, 9-16-2002; Ord. No. 03-12-3, 12-1-2003; Ord. No. 14-07-05 §19, 7-21-2014]
Applications for amendments, revision or change of the Zoning District Map or for a Special Use Permit may be made by the City Manager or any person, or his/her agent, who owns or has the consent of the owner of the land sought to be rezoned or specially used. If such applications are made by the owner's agent, the agent shall enter upon the application the name and current mailing address of the owner. Application for amendment, revisions or change of any portion of the zoning ordinance, may be made by any interested person. All applications shall be made on forms prescribed by the City Planning Commission and duly filed with the Building Official.
Rezoning property — other than planned zoning. A fee (the amounts are shown in the table below) shall accompany each application for amendment, revision or change, or for a Special Use Permit. An accurate sketch of the land in question, drawn to scale on a sheet eight and one-half (8½) inches by eleven (11) inches or larger, showing adjacent tracts within one hundred eighty-five (185) feet and the current ownership thereof shall accompany the application. The Building Official may waive or vary from these sketch requirements in cases where such information would be of no value in making the decision relative to zoning change or Special Use Permit.
Fees. All fees for Rezoning or Special Use Permits shall be according to the Schedule of Fees, Title I, Appendix A.
Rezoning property to a planned district. A tract of land may be zoned "RP-1" through "MP-2", inclusive, only upon application by the owner or his/her agent, and only upon approval of a development plan. The proponents of a Planned District shall prepare and submit to the Building Official:
A development plan showing the property to be included in the proposed development, plus the area within one hundred eighty-five (185) feet, except in "RP-4" and "RP-5" only that area within one hundred (100) feet shall be shown.
The following items shall be included on the property to be developed:
Existing topography with contours at five (5) foot intervals provided that where natural slopes are sufficiently flat the Building Official may require contours at lesser intervals, except in "RP-4" and "RP-5" Districts, the topography shall not be required.
Proposed location of buildings and other structures, parking areas, drives, walks, screening, drainage patterns, public streets, and any existing easements.
Sufficient dimensions to indicate relationship between buildings, property lines, parking areas, and other elements of the plan.
General extent and character of proposed landscaping.
The following items shall be shown on the same drawing within the one hundred eighty-five (185) foot adjacent area, except in "RP-4" and "RP-5", only that area within one hundred (100) feet shall be shown:
Any public streets which are of record,
Any drives which exist or which are proposed to the degree that they appear on plans on file with the City except those serving single-family houses,
In "RP-4" and "RP-5" Districts, state the use of any buildings which exist or are proposed to the degree that their location and size are shown on plans on file with the City. Single and two-family residential buildings may be shown in approximate location and general size and shape. Buildings should be shown in all other Planned Districts.
The location and size of any drainage structure, such as culverts, paved or earthen ditches or storm water sewer and inlets.
Preliminary sketches depicting the general style, size and exterior construction materials of the building proposed. In the event of several buildings, a typical sketch may be submitted. In case several building types, such as apartments and business buildings are proposed on the plan, a separate sketch shall be prepared for each type. Such sketches shall include elevation drawings, but detailed drawings and perspectives are not required.
A schedule shall be included indicating total floor area, dwelling units, land area, parking spaces and other quantities relative to the submitted plan in order that compliance with ordinance requirements can be determined.
Procedure upon receipt of application and fee for change. Immediately upon receipt of such application and fee the Building Official shall note thereon the date of filing and make a permanent record thereof. All such applications shall be set down for hearing not later than the second (2nd) regular monthly meeting of the Planned Commission from the date of termination of the earliest publication period available thereafter required by law. Any such hearing may, for good cause, in the discretion of the Planning Commission, be continued for a definite time to be specified in the record of the Planning Commission. Notice of such hearing shall be published in one (1) issue of the official newspaper of the City, such notice to be published not less than fifteen (15) days prior to the date of said hearing before the Planning Commission.
Enumeration of conditions. Whenever any owner of property or other person with standing to apply, shall file an application for the rezoning of such property, the City Manager shall prepare a staff report concerning such zoning and shall include in such report such recommendations for infrastructure improvements as may be required to mitigate the effects of the proposed development. The City Planning Commission shall, in making its recommendations to the City Council with respect to such proposed rezoning, recommend such conditions as in its judgment are necessary. In adopting any ordinance approving any rezoning, the City Council may enumerate such conditions which in its judgment are necessary to mitigate the effects of the proposed development.
Proof of ownership or option contract to buy. Applicant shall furnish proof that he/she is the owner or has an option or contract to buy the land described in the application, and the sketch required to be filed at the time the application is filed covers the same property as the description in the application. Following the final hearing of such application, the Planning Commission shall approve or deny the same, at the earliest reasonable time, and shall transmit an accurate written summary of the proceedings to the City Clerk.
Submission of Planning Commission action to Council. Following the receipt of the summary of the action of the Planning Commission, the City Clerk shall submit the same to the City Council for action approving or disapproving the recommendation for the Planning Commission, provided however, the Council may for good cause continue its action upon such application or take the same under advisement for final decision at a later date, and in any case the record shall show the reason for such continuance or withholding of action.
Continuances — action required of applicant. Upon request of the applicant to the Building Official, one (1) continuance of the hearing before the Planning Commission may be approved by the Planning Commission and one (1) continuance may be granted by the Council on the Planning Commission recommendation. Any such continuance when requested by the applicant, shall be made to a day certain and shall be for not less than one (1) month.
Lesser change than requested — table. The Planning Commission may recommend and the City Council may approve a change in a Zoning District which is more restrictive than that requested by the applicant, provided such change is in keeping with the following:
Residential districts. Most restrictive is District "R-1" through District "R-1", District "R-2", District "R-3", District "R-4" to District "R-5", which shall be the least restrictive district.
Business districts. Most restrictive is District "C-O" through District "C-1", "C-2A", District "C-2", to District "C-3", which shall be the least restrictive.
Industrial districts. Most restrictive is District "M-1" and the least restrictive is District "M-2".
Equal or more restrictive change. The Planning Commission may recommend and the City Council may adopt a change in zoning which is equal to or more restrictive than the one requested, provided the more restrictive district is the same "R", "C", or "M" category for which the change was requested. In no case may a change to an "R" District be approved if the application is for a "C" or "M" District, and in no case may a "C" District be approved if the application is for an "M" District. A Planned District shall be equally restrictive to its equivalent district. Provided further, the Council may, if in its judgment deemed advisable for the interest of the public and applicant, refer such application back to the Planning Commission for further consideration and public hearing. The applicant shall not be required to pay an additional filing fee in such rehearing proceedings.
Action by Planning Commission. Recommendations for amendment, revision, change or repeal of the zoning ordinance, Zoning District Map, rules or regulations, may also be made by the Planning Commission upon its own motion or by the City Council, providing the same are first submitted to the Planning Commission for hearing and recommendation. In either case, final action by the City Council shall be taken only after hearing upon publication notice and recommendation, whether favorable or otherwise, by the Planning Commission, in the manner hereinbefore provided. In case of an adverse report by the City Planning and Zoning Commission, or if a protest against such proposed amendment, supplement, change modification or repeal shall be presented in writing to the City Clerk, within fifteen (15) days following the decision of the Planning Commission, duly signed and acknowledged by the owners of thirty percent (30%) or more either of the area of the land (exclusive of streets, places or alleys) included within such proposed amendment, supplement, change, modification or repeal, 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, supplement, change, modification or repeal shall not become effective except by the favorable vote of two-thirds (⅔) of all members of the City Council.
The owner or general agent of a building or premises where a violation of any provision of Chapters 400 through 404 of this Title 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 an ordinance violation 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 (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.
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).