PLANNING, ADMINISTRATION AND ENFORCEMENT
Section 400.010. Administrative Official and Powers. [Ord. No. 1997-308 §I Art. I(1), 1-6-1998]
A. The Administrative Officer shall enter and enforce the provisions of this Title. The Administrative Officer shall be any person designated as such by the Board of Aldermen. The powers and duties of the Administrative Officer shall be as follows:
1. Issue all building 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 this Title.
4. Require that all construction or work of any type be stopped when such work is not in compliance with this Title.
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 Title, including, but not limited to, all maps, amendments, variances, appeals and applications.
7. Provide and maintain a Public Information Bureau relative to all makers arising out of this Title.
8. Forward to the Planning Commission all applications for amendments to this Title.
9. Forward to the Board of Adjustment, applications for appeals, variances or other matters on which the Board of Adjustment is required to pass under this Title. Issue.permits regulating the erection and use 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.
10. Initiate, direct and review from time to time a study of the provisions of this Title and to make such reports available to the Planning Commission not less than once a year.
Section 400.020. Building Permit Required. [Ord. No. 1997-308 §I Art. I(2), 1-6-1998]
A. No building or other structure shall be erected, moved, added to or structurally altered without a permit therefor issued by the Administrative Official.
B. 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, Chapter 405 of this Title.
C. A temporary building 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 building permit shall be punishable under Section 100.220 of this Code.
E. Building 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 at variance with that authorized shall be deemed a violation of this Chapter and shall be punishable as provided by Section 100.220 of this Code.
Section 400.030. Building Permit Application. [Ord. No. 1997-308 §I Art. I(3), 1-6-1998]
A. Applications for building 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. A plot plan, drawn to scale, showing the exact size, shape and dimensions of the lot to be built upon, the exact size and location on the lot of all existing buildings and structures, and the exact size and location on the lot of the structure or building proposed to be repaired, altered, erected or moved, and the size, arrangement, number of parking stalls, movement of vehicles and ingress and egress drives for all off-street parking and loading facilities.
2. A survey prepared by a land surveyor registered in the State of Missouri of the boundaries of the lot on which the improvement is proposed to be located or have on file with the City one (1) copy of a certified and recorded plat.
3. The location of the said lot with respect to existing rights-of-way and adjacent lots.
4. Any other information which the Administrative Official may deem necessary for consideration in enforcing the provisions of this Title.
B. Any of the above requirements may be waived by the Administrative Official.
C. If the building permit is denied on the basis of this Chapter, the applicant may appeal the action of the Administrative Official to the Board of Adjustment.
D. No building permit for alteration, repair or construction of any building or structure shall be issued unless the plan and specifications show that the building or structure and its proposed use will be in compliance with provisions of the Zoning Chapter, Chapter 405.
Section 400.040. Amendments and Changes. [Ord. No. 1997-308 §I Art. I(4), 1-6-1998]
A. The Board of Aldermen may from time to time in the manner hereinafter set forth amend the regulations imposed in the districts created by this Chapter and amend district boundary lines, provided that in all amendatory orders adopted under the authority of this Section, due allowance shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantage of the entire community, and the uses to which property is devoted at the time of the adoption of such amendatory order.
B. In case, however, of a protest against such change 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 amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the legislative body of such municipality. The provisions of Section 89.050, RSMo., relative to public hearing and official notice shall apply equally to all changes or amendments.
C. This Chapter shall be amended in the following manner:
1. Amendments may be proposed by any citizen, organization or governmental body.
2. An application for an amendment of this Chapter shall be filed with the Administrative Officer in such form and accompanied by such information as required by the Administrative Officer. The Administrative Officer upon acquiring an application for amendment shall transmit one (1) copy of such application, along with all pertinent data filed therewith, to the following agencies and/or entities for their review and written recommendations, protests or comments:
a. Planning Commission.
b. Board of Aldermen.
3. A fee of fifty dollars ($50.00) shall be paid to the City for each application for an amendment to cover the costs of advertising and other administrative expenses involved. The Board of Aldermen, Planning Commission and Board of Adjustment shall be exempt from this fee.
4. The Board of Aldermen shall hold a public hearing on each application for an amendment at such time and place as shall be established by the Board of Aldermen. The hearing shall be conducted and a record of such proceedings shall be preserved in such manner as the Board of Aldermen shall, by rule, prescribe from time to time.
5. Notice of time and place of such hearing shall be published at least once in a newspaper of local distribution not less than fifteen (15) days before such hearing. Supplemental or additional notices may be published or distributed as the Board of Aldermen may, by rule, prescribe from time to time.
6. The Planning Commission shall make written findings of fact and shall submit same together with its recommendations to the Board of Aldermen prior to the public hearing. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the Planning Commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:
a. Relatedness of the proposed amendment to goals and outlines of the long-range physical plan of the City.
b. Existing uses of property within the general area of the property in question.
c. The zoning classification of property within the general area of the property in question.
d. The suitability of the property in question to the uses permitted under the existing zoning classification.
e. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place in its present zoning classification.
7. The Board of Aldermen shall not act upon a proposed amendment to the Chapter until it shall have received a written report and recommendation from the Planning Commission on the proposed amendment.
8. The Board of Aldermen shall approve or deny the recommendation of the Planning Commission. In the event no recommendation is received by the Board of Aldermen within a ninety (90) day period following its initial submission, it shall be deemed to have been approved.
Board of Adjustment
Section 400.050. Board of Adjustment Created. [Ord. No. 1997-308 §I Art. II, 1-6-1998]
There is hereby created within and for the City a Board of Adjustment with the powers and duties as hereinafter set forth.
Section 400.060. Membership. [Ord. No. 1997-308 §I Art. II(1), 1-6-1998]
A. The Board of Adjustment shall consist of five (5) members who shall be residents. The membership of the first (1st) Board appointed shall be for three (3) members appointed for a one (1) year term and two (2) members for a two (2) year term. Thereafter, members shall be appointed for terms of five (5) years each.
1. The Board shall elect its own Chairman who shall serve for one (1) year.
2. All members shall be removable for cause by the appointing authority upon written charges and after public hearings.
3. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.
Section 400.070. Procedure. [Ord. No. 1997-308 §I Art. II(2), 1-6-1998]
The Board shall adopt rules 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. The 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 City Clerk and shall be a public record. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of any Administrative Official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.
Section 400.080. Appeals. [Ord. No. 1997-308 §I Art. II(3), 1-6-1998]
A. Appeal from action taken by the Administrative Officer shall be taken in the following manner:
1. All appeals shall be taken within sixty (60) days of the date.of the action which is appealed.
2. Appeals from the enforcement and interpretation of this Chapter, signed by the appellant, shall be addressed to the Board of Adjustment and presented to the Administrative Officer. A fee of fifty dollars ($50.00) shall be paid to the City for each appeal to cover costs of advertising and administrative costs. The appeal shall contain or be accompanied by such legal descriptions, maps, plans and other information so as to completely describe the decisions or interpretation being appealed and the reasons for such appeal.
3. The Administrative Officer shall transmit to the Board of Adjustment the appeal and all papers constituting the record upon which the action appealed was taken. The Chairman of the Board of Adjustment shall schedule a hearing to be held within sixty (60) days from the filing of the appeal. Public notice of
the hearing shall be published in a newspaper of general circulation in the town at least once each week for two (2) successive weeks prior to the hearing. The Administrative Officer shall post notice on the property involved for a period of one (1) week prior to the hearing.
4. An appeal stays all proceedings in furtherance of the action appealed from unless the Administrative Officer certifies to the Board of Adjustment that by reason of facts in the record a stay would, in his/her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a court order.
Section 400.090. Variances. [Ord. No. 1997-308 §I Art. II(4), 1-6-1998; Ord. No. 2013-448 §1, 10-15-2013]
A. Applications for variances to this Title shall be processed in the following manner:
1. An application for a variance from the terms of this Title signed by the applicant shall be addressed to the Board of Adjustment and presented to the Administrative Officer.
2. A fee of seventy-five dollars ($75.00) shall be paid to the City for each application to cover the costs of advertising and administrative costs. The application shall contain or be accompanied by such legal descriptions, maps, plans and other information so as to completely describe the proposed use and existing conditions.
3. The Administrative Officer shall review the application and determine that sufficient data is contained to adequately describe the situation to the Board of Adjustment. If the data is not adequate, the Administrative Officer shall return the application to the applicant for additional information. Completed applications shall be forwarded to the Board of Adjustment.
Section 400.100. Appeals and Variances Procedure. [Ord. No. 1997-308 §I Art. II(5), 1-6-1998]
A. The Board of Adjustment shall approve or deny appeals and variances in the following manner:
1. The Chairman of the Board of Adjustment shall schedule a public hearing to be held within sixty (60) days after an application is filed. Public notice of the hearing shall be published in a newspaper of general circulation in the City at least once a week for two (2) successive weeks prior to the hearing. The Administrative Officer shall post notice on the property involved for a period of one (1) week prior to the hearing.
2. The Board of Adjustment shall review the uses listed in the specific district regulations as “Uses Permitted on Review”. These are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the district; however, the nature of such uses may make it desirable that they be permitted to locate therein. The following procedure is
established to integrate properly the uses permitted on review with the other land uses located in the district. These uses shall be reviewed and authorized or rejected under the following procedure:
a. An application shall be filed with the Board of Adjustment for review. Said application shall show the location and intended use of the site, the names of all the property owners, and existing land uses within two hundred (200) feet, and any other material pertinent to the request which the Board of Adjustment may require.
b. The Board of Adjustment shall hold one (1) or more public hearings thereon.
c. The Board of Adjustment, within sixty (60) days of the date of application, shall study the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, public utilities, and other matters pertaining to the general welfare and authorize or deny the issuance of a permit for the use of land or buildings as requested.
Section 400.110. Criteria of Appeal. [Ord. No. 1997-308 §I Art. II(6), 1-6-1998]
A. The Board of Adjustment shall approve or deny the application for variance following the public hearing. Before any variance is granted, the Board of Adjustment must find that all of the following criteria are met:
1. Special circumstances exist which are peculiar to the applicant’s land, structure or building and do not generally apply to the neighboring lands, structures or buildings in the same district or vicinity.
2. Strict application of the provisions of this Chapter would deprive the applicant of reasonable use of the land, structure or building in a manner equivalent to the use permitted to be made by other owners of their neighboring lands, structures or buildings in the same district.
3. The special circumstances are not the result of action of the applicant taken subsequent to the adoption of this Chapter:
4. Relief, if approved, will not cause substantial detriment to the public welfare or impair the purposes and intent of this Chapter.
Section 400.120. Procedure By Board Approval or Denial of Variance. [Ord. No. 1997-308 §I Art. II(7), 1-6-1998]
A. The following rules will be considered by the Board of Adjustment when approving or denying a variance:
1. Financial disadvantages to the property owner shall not constitute conclusive proof of unnecessary hardships within the purpose of zoning.
2. The Board does not possess the power to grant a variance permitting a zoned use of land or building that is not permitted as a principal use or structure, accessory use or structure in the district involved.
3. In granting a variance, the Board may attach thereto any conditions and safeguards it deems necessary or desirable in furthering the purposes of this Chapter. Violation of any of these conditions or safeguards shall be deemed a violation of this Chapter.
4. Unless otherwise specified at the time the variance is granted, the variance applies to the subject property and not to the individual who applied. Consequently, the variance is transferable to any further owner of the subject property but cannot be transferred by the applicant to a different site.
5. A variance shall continue for an indefinite period of time unless otherwise specified at the time the variance is granted, except that when a variance has not been used within one (1) year after the date it was granted, the variance shall be canceled by the Administrative Official and written notices shall be given to the property owner.
Section 400.130. Board of Adjustment — Decisions Subject To Review — Procedure. [Ord. No. 1997-308 §I Art. II(8), 1-6-1998]
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 municipality may present to the Circuit Court of the County or City in which the property affected is located a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Board. Upon the presentation of such petition the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator’s attorney, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board and on due cause shown, grant a restraining order. The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report the same to the court with higher findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which a determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. Costs shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making
the decision appealed from. All issues in any proceedings under this Chapter shall have preference over all other civil actions and proceedings.
Planning and Zoning Commission
Section 400.140. Composition — Terms — Vacancy — Removal.
There is hereby established within and for the City a Planning and Zoning Commission which shall consist of not more than fifteen (15) nor less than seven (7) members, including the Mayor, if the Mayor chooses to be a member; a member of the Board of Aldermen selected by the Board, if the Board chooses to have a member serve on the Commission; and not more than fifteen (15) nor less than five (5) citizens appointed by the Mayor and approved by the Board of Aldermen. The term of each of the citizen members shall be for four (4) years, except that the terms of the citizen members first (1st) appointed shall be for varying periods so that succeeding terms will be staggered. Any vacancy in a membership shall be filled for the unexpired term by appointment as aforesaid. The Board of Aldermen may remove any citizen member for cause stated in writing and after public hearing.
Section 400.150. Compensation.
All citizen members of the Planning and Zoning Commission shall serve without compensation.
Section 400.160. Officers.
The Planning and Zoning Commission shall elect a Chairman and a Secretary from among the citizen members. The term of Chairman and Secretary shall be for one (1) year with eligibility for re-election.
Section 400.170. Meetings — Rules — Records.
The Planning and Zoning Commission shall hold regular meetings and special meetings as they provide by rule and shall adopt rules for the transaction of business and keep a record of its proceedings. These records shall be public records.
Section 400.180. Duties of Planning Commission. [Ord. No. 1997-308 §I Art. III(2), 1-6-1998]
The Commission shall be guided by and act under the applicable laws of the State of Missouri. The Commission shall report on any and all proposed changes in the Zoning Code when adopted, shall review all proposed subdivisions of land, and may recommend plans and physical improvement programs for the City to the Board of Aldermen.
Section 400.190. Expenditures.
The expenditures of the Planning and Zoning Commission, exclusive of grants and gifts, shall be within amounts appropriated for the purposes of the Board of Aldermen.
Section 400.200. Duty of Public Officials To Furnish.
All public officials shall upon request furnish to the Planning and Zoning Commission, within a reasonable time, all available information it requires for its works.
Section 400.210. General Powers.
In general, the Planning and Zoning Commission shall have the power necessary to enable it to perform its functions and promote City planning. The Planning and Zoning Commission shall have the power to perform all of the functions of the Zoning Commission provided for in Chapter 89, RSMo., and shall have and perform all of the functions of a Planning Board as outlined in such Chapter.
Violation of Provisions
Section 400.220. Violations — Penalties.
A. 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 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., however, 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.