[R.O. 1996 § 405.360; Ord. No. 338 Art. X § A, 11-14-1991]
There is hereby created the position
of Administrative Officer. The Administrative Officer shall be any
person recommended as such by the Planning and Zoning Commission,
and approved by the Board of Aldermen.
[R.O. 1996 § 405.370; Ord. No. 338 Art. X § B, 11-14-1991]
A.
The powers and duties of the Administrative
Officer shall be as follows:
1.
Issue all zoning permits and make
and maintain records thereof.
2.
Issue all certificates of occupancy
and make and maintain records thereof.
3.
Conduct inspections of buildings,
structures, and the use of land to determine compliance with the terms
of this Chapter.
4.
Require that all construction or
work of any type be stopped when such work is not in compliance with
this Chapter.
5.
Revoke any permit which was unlawfully
issued or any permit wherein defective work has been performed, and
when such work has not been corrected within ninety (90) days of notification.
6.
Maintain permanent and current records
of this Chapter, including, but not limited to, all maps, amendments,
variances, appeals, and applications.
7.
Provide and maintain a public information
bureau relative to all matters arising out of this Chapter.
8.
Forward to the Planning and Zoning
Commission all applications for amendments to this Chapter.
9.
Forward to the Board of Adjustment,
applications for appeals, variances, or other matters on which the
Board of Adjustment is required by this Chapter to act upon.
10.
Issue permits regulating the erection
and uses of tents for periods not to exceed ten (10) days for specific
purposes such as: temporary carnivals, churches, charities, or charitable
uses, and revival meetings, such uses not being detrimental to the
public health, safety, morals, comfort, convenience, or general welfare;
provided, however, that said tents or operations are in conformance
with all other ordinances of the City of Gerald.
11.
Initiate, direct, and review, from
time to time, a study of the provisions of this Chapter, and to make
such reports available to the Planning and Zoning Commission not less
than once a year.
[R.O. 1996 § 405.380; Ord. No. 338 Art. X § C, 11-14-1991]
A.
No building or other structure shall be
erected, moved, added to, or structurally altered without a permit
therefor.
B.
No zoning permit for exterior alteration
or construction of any building or structure shall be issued unless
plans and specifications show that the building or structure, and
its proposed use, will be in compliance with provisions of the Zoning
Code.
C.
A temporary zoning permit may be issued
by the Administrative Official for a period not exceeding six (6)
months during alteration or construction for partial occupancy of
a building, pending its completion, or for bazaars, carnivals, and
revivals, provided that such temporary permit shall require such conditions
and safeguards as will protect the safety of the occupants and the
public.
D.
The failure to obtain the necessary zoning permit shall be punishable under Section 405.410 of this Chapter.
E.
Zoning permits issued on the basis of plans and applications approved by the Administrative Official authorize only the use, arrangement, and construction set forth in such approved plans and specifications. Any use, arrangement, or construction which is at variance with that authorized by this Chapter shall be deemed a violation of this Chapter and shall be punishable as provided by Section 405.410 of this Chapter.
[R.O. 1996 § 405.390; Ord. No. 338 Art. X § D, 11-14-1991]
A.
Applications for zoning permits shall be
accompanied by a duplicate set of plans drawn to scale with the following
information indicated in order to determine compliance with this Chapter:
1.
The shape and dimensions of the lot
on which the proposed building or use is to be erected or conducted;
2.
The location of the said lot with
respect to adjacent rights-of-way;
3.
The shape, dimensions, and location
of all buildings, existing and proposed, on the said lot;
4.
The nature of the proposed use of
the building or land, including extent and location of the use on
the said lot;
5.
The location and dimensions of off-street
parking and loading space and the means of ingress and egress to such
space; and
6.
Any other information which the Administrative
Official may deem necessary for consideration in enforcing the provisions
of this Chapter.
B.
If the zoning permit is denied on the basis
of this Chapter, the applicant may appeal the action of the Administrative
Official to the Board of Adjustment.
C.
No building permit for alteration, repair,
or construction of any building or structure shall be issued unless
the plans and specifications show that the building or structure,
and its proposed use, will be in compliance with provisions of the
Zoning Code and a zoning permit has been issued. No permit shall be
valid for a period of greater than one (1) year from the date of issuance
unless the subject of the permit has been substantially completed.
[R.O. 1996 § 405.410; Ord. No. 338 Art. X § F, 11-14-1991; Ord. No. 386 § 2, 9-8-1994]
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 Sections 89.010 to 89.140, RSMo., or
of any ordinance or other regulation made under authority conferred
hereby, 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 such 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 an officer
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 made under authority of Sections 89.010
to 89.140, RSMo.
B.
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 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
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.
C.
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).
D.
The owner or tenant of any building, structure,
mobile home, premises, or part thereof, any architect, builder, contractor,
agent or other persons who commits, participates in, assists in, or
maintains such violations may be found guilty of a separate offense
and be subject to the penalties herein provided.
E.
Nothing herein contained shall prevent
the City from taking such other lawful action as it deems necessary
to prevent or remedy any violation.
[1]
Editor's Note: Section 100.250(E), may affect the application of these penalties.
