[Ord. No. 16-28, 7-21-2016]
Whenever the Building Official/City Staff discovers or receives
a written, signed complaint alleging a violation of any Section of
this Chapter, they shall investigate the complaint and take whatever
action is warranted.
[Ord. No. 16-28, 7-21-2016]
The developer, owner, tenant or occupant of any building or
land or part thereof and any architect, engineer, builder, contractor,
agent or other person who participates in, assists, directs, creates
or maintains any situation that is contrary to the requirements of
this Section may be held responsible for the violations and penalties
herein provided.
[Ord. No. 16-28, 7-21-2016]
A.
If the Building Official determines that any provision of this Section
has been violated, a written notice shall be sent to the person responsible
for such violation indicating the nature of the violation and ordering
the action necessary to correct it. Additional written notices may
be sent at the Building Official's discretion.
B.
The written notice shall state what action the Building Official intends to take if the violation is not corrected and shall advise that of the Building Official's decision. Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this Section or pose a danger to the public's health, safety or welfare, the Building Official may seek enforcement without prior written notice by invoking any of the penalties and violations authorized in Section 400.203.
[Ord. No. 16-28, 7-21-2016]
Violation of any provisions of this Chapter shall upon conviction
thereof be fined not more than five hundred dollars ($500.00) or by
imprisonment in the County Jail for not more than ninety days (90),
or by both such fine and imprisonment. Each day this Chapter or any
part thereof is violated shall be and constitute a separate offense
and violations of this Chapter for which they may be punished.
[Ord. No. 16-28, 7-21-2016]
A.
In all instances were a violation of this Section has been verified and substantiated by the Building Official, the person(s) liable as specified in Section 400.201 shall be provided written Notice of Violation of the specific violations that have been found, the corrective measures to be taken and the time frame in which all corrective measures are to be completed. If the corrective measures set out in the notification are not complied with, then the Building Official shall issue a formal Stop Work Order that shall direct all use and activities to be suspended immediately.
B.
Any building, land disturbance or special use permit authorized by
these Sections may be revoked by the permit issuing authority (in
accordance with the provisions of this Section) if the permit recipient
fails to comply with the corrective measures set forth in the Stop
Work Order or in accordance with the approved plans, any conditions
for which the approved permit was based, any requirements of this
Section or any additional requirements lawfully imposed by the Board
of Aldermen.
1.
Before a building, land disturbance or special use permit may
be revoked, all of the public notice and hearing requirements of this
Section shall be complied with. The notice shall inform the permit
recipient of the alleged grounds for the revocation.
a.
The burden of presenting evidence sufficient to authorize the Board of Aldermen to conclude that a permit should be revoked for any of the reasons set forth in Subsection (B) shall be upon the party advocating that position. The burden of persuasion shall also be upon that party.
b.
A motion to revoke a permit shall include, insofar as practicable,
a statement of the specific reasons or findings of fact that support
the motion.
2.
Before a building, land disturbance or special use permit may
be revoked, the Building Official shall give the permit recipient
ten (10) days' notice of intent to revoke the permit and shall
inform the recipient of the alleged reasons for the revocation and
of his/her right to obtain an informal hearing on the allegations.
If the permit is revoked, the Building Official shall provide to the
permittee a written statement of the decision and the reasons therefore.
3.
No person may continue to make use of land or buildings in the
manner authorized by any permit authorized by this Section after such
permit has been revoked in accordance with this Section.
C.
In matters expressly dealing with residential or non-residential
subdivision developments, if any violation of this Section has been
found to be evident, the Building Official shall provide written notice
to the developer(s) outlining the specifics of the violation(s) and
the remedial action to be taken by the developer(s) to ensure that
development activities are brought into compliance with this Section
and any other conditional requirements that have been required as
part of the developments approval.
1.
If the developer(s) has not complied with the corrective measures
specified in the Notice of Violation issued by the Building Official,
then the Building Official shall issue a Stop Work Order upon the
developer(s).
2.
After receiving a Stop Work Order from the City, the developer(s)
shall immediately cease all further development activities that comprise
the project until all corrective measures are completed by the developer(s)
as required and all compliance issues are verified by the City and
the Stop Work Order has been lifted. Failure to immediately comply
will be considered a violation punishable under penalties set forth
in this Section.
D.
In every instance were a Stop Work Order has been issued, all activities shall be suspended until the requirements specified in the Stop Work Order are brought into compliance with this Section. In all instances were a development site is subject to the filing of a surety, a Stop Work Order shall be deemed as legal cause for the City to use said surety in accordance with Sections 405.110 and 520.020.
[1]
Editor's Note — Ord. no. 07-20, adopted July 5, 2007,
repealed section 400.210 "certificate of occupancy" in its entirety.
Former section 400.210 derived from ord. no. 433 §42.710, 10-17-1991;
ord. no. 06-48, 10-5-2006. At the editor's discretion, this section
has been reserved for the city's future use.
[Ord. No. 433 §42.720, 10-17-1991]
In their interpretation and application, the provisions of this
Zoning Code shall be held to be minimum requirements, adopted for
the promotion of public health, morals, safety, or the general welfare.
Whenever the requirements of this Zoning Code are at variance with
the requirements of any other lawfully adopted rules, regulations,
or ordinances, the most restrictive, or that imposing the higher standards,
shall govern.
[Ord. No. 433 §43.730, 10-17-1991; Ord. No. 01-11, 2-15-2001; Ord. No. 07-40, 10-18-2007]
A.
Pursuant
to Missouri's Zoning Enabling Act, Sections 89.020 through 89.140,
RSMo., a Board of Adjustment is hereby established. The word "Board,"
when used herein, shall be construed to mean the Board of Adjustment.
The Board shall consist of five (5) members who shall be residents
of the City, all of whom shall be appointed by the Mayor and approved
by the Board of Aldermen. Annually, the Mayor shall appoint one (1)
member of the Board of Alderman to serve as a voting member of the
Board of Adjustment. This Alderman is included as one (1) of the five
(5) members established in this Subsection. Up to three (3) alternate
members may be appointed to serve in the absence or disqualification
of regular members. The term of office of the members of the Board
shall be for five (5) years, excepting that the membership of the
first Board appointed shall serve respectively for terms of one for
one (1) year, one for two (2) years, one for three (3) years, one
for four (4) years, and one for five (5) years. Thereafter, members
shall be appointed for terms of five (5) years each. Vacancies shall
be filled for the unexpired term only. Members shall be removable
for cause by the Mayor and Board of Aldermen upon written charges
and after public hearing.
[Ord. No. 18-59, 11-1-2018]
B.
The Board shall elect its own Chairman and Vice Chairman from among
the citizen members, serving a one-year term starting on June 1st,
with eligibility for re-election annually. Such Chairman, in his/her
absence the Acting Chairman, may administer oaths and compel the attendance
of witnesses. The Board shall adopt from time to time such rules and
regulations as it may deem necessary to carry into effect the provisions
of this Zoning Code.
[Ord. No. 17-10, 3-2-2017]
C.
Meetings of the Board of Adjustment shall be held in the Council
room of Town Hall on the third Wednesday of the month at 6:30 P.M.
The deadline to be placed on the Board of Adjustment agenda is the
third Wednesday of the month prior to the meeting. 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
taken down by a reporter.
[Ord. No. 13-27, 12-19-2013]
[Ord. No. 433 §42.740, 10-17-1991; Ord. No. 01-11, 2-15-2001; Ord. No. 02-35, 9-5-2002; Ord. No. 04-48, 10-7-2004]
A.
The
Board of Adjustment shall have the following powers:
2.
Powers Relative To Variations. To hear and decide variance requests
of any of the regulations or provisions of such zoning ordinances
relating to:
[Ord. No. 18-08, 2-15-2018]
a.
The construction or alteration of buildings and structures.
b.
Lot size or platting.
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Criteria for granting a variance: Where exceptional narrowness,
shallowness, shape or topography of a specific piece of property,
carrying out the strict letter of these ordinances would result in
exceptional, demonstrable undue hardship upon the owner of the property
as an unreasonable deprivation of use (distinguished from the mere
grant of a privilege) so that the spirit of the ordinance shall be
observed, public safety and welfare secured and substantial justice
is done, the Board may grant a variance.
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3.
The Board may reverse or affirm, wholly or partly, or may modify
the order, requirement decision or determination appealed from. Every
change granted or denied by the Board shall be accompanied by a written
finding of fact based on sworn testimony and evidence, specifying
the reason for granting or denying the variance. The decision of the
Board shall be made a part of any building permit in which variation
is allowed. An approved variance will be null and void if the work
for which the requested variance was needed has not been started within
one hundred eighty (180) days after the variance was approved. One
(1) one hundred eighty (180) day extension may be granted by staff
to commence the work if requested in writing by the applicant.
4.
The concurring vote of four (4) members of the Board shall be necessary
to reverse any order, requirement, decision or determination of the
Building Inspector or to decide in favor of the applicant on any matter
upon which it is required to pass or to affect any variations.
[Ord. No. 433 §42.750, 10-17-1991; Ord. No. 01-11, 2-15-2001; Ord. No. 12-06, 2-2-2012]
A.
Appeals
to the Board on any matter over which the Board is specifically granted
jurisdiction may be taken by any person aggrieved or by an officer,
department, any board or bureau of the City of Hollister affected
by any decision of the Building Inspector. Such appeal shall be taken
within thirty (30) days of such decision by filing with the Building
Inspector and with the Board a notice of appeal specifying the grounds
thereof. The Building Inspector shall forthwith transmit to the Board
all the papers constituting the record upon which the action appealed
from is taken.
B.
An
appeal stays all proceedings in furtherance of the action appealed
from, unless the Building Inspector certifies to the Board after the
notice of appeal has been filed with him/her 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 case, proceedings should
not be stayed otherwise than by proper legal action.
C.
The
Board shall fix a reasonable time for the hearing of the appeal, give
not less than fifteen (15) days' public notice thereof in a newspaper
of general circulation, as well as due notice to the parties in interest,
and notify by regular mail property owners within two hundred (200)
feet of the property of the proposed request and decide the same within
a reasonable time. At the hearing, any party may appear in person
or by agent or by attorney.
D.
The
party requesting a hearing before the Board of Adjustment shall deposit
a fee of seventy-five dollars ($75.00) to the City Clerk at the time
the application is filed. All fees received hereunder shall forthwith
be paid over to the credit of the General Revenue Fund of the City.
Under no conditions shall the Board of Adjustment refund said sum
or any part for failure or denial of the request.
[Ord. No. 94-12 §42.760, 3-17-1994; Ord. No. 02-15, 6-20-2002]
A.
The
Board of Aldermen may, from time to time, on its own motion or on
petition, amend, supplement, change, modify or appeal by ordinance
the boundaries of districts or regulations or restrictions established.
Any proposed amendment, supplement, change, modification or repeal
shall first be submitted to the Planning Commission for its recommendations
and report. If the Planning Commission makes no report within thirty
(30) days, it shall be considered to have made a report approving
the proposed amendment, supplement, modification or change.
B.
Upon
the filing of the recommendations and report by the Planning Commission
with respect to any proposed amendment, supplement, change, modification
or repeal, the Board of Aldermen shall:
1.
Set date to hold a public hearing.
2.
Advertise public hearing giving at least fifteen (15) days notice
of the time and place of such hearing, which notice should first be
published in a newspaper having a general circulation in the City
of Hollister.
3.
Notify by regular mail property owners within two hundred (200) feet
of said premises of proposed rezone request.
4.
If the rezone request is approved the ordinance shall be prepared
for the next Board of Aldermen meeting.
C.
In
case of an adverse report by the Planning Commission, such amendment,
supplement, change, modification or repeal shall not become effective
except by the favorable vote of two-thirds (⅔) of all the members
of the Board of Aldermen.
D.
If
a protest against such proposed amendment, supplement, change, modification
or repeal was presented in writing to the City Clerk duly signed and
acknowledged by the owners of thirty percent (30%) or more, either
of the area of the land (exclusive of streets, places and 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 the members of
the Board of Aldermen. The increased vote requirement shall apply
in all cases of Special Use Exception and Community Unit Plan cases.
[Ord. No. 443 §42.765, 2-20-1992]
The party or parties proposing or recommending a change in the
District Regulations or District Boundaries shall deposit a fee of
seventy-five dollars ($75.00) to the City Clerk at the time the application
is filed. All fees received hereunder shall forthwith be paid over
to the credit of the General Revenue Fund of the City. Under no condition
shall said sum or any part thereof be refunded for failure of said
change to be adopted by the Board of Aldermen.
[Ord. No. 433 App.
1, §42.770, 10-17-1991]
A.
It shall be the duty of the Building Inspector to enforce all Zoning Code regulations. Appeal from the decision of the Building Inspector may be made to the Board of Adjustment as provided in Section 400.250 of this Chapter.
B.
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 this Chapter.
C.
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.
D.
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 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).
