It shall be the duty of the building inspector, or any deputy or inspector working under his direction, to enforce the provision of this chapter and to refuse to issue any permit for any building or structure or for the use of any premises, which would violate any of the provisions hereof, and to cause any building, structure, place or premises to be inspected and examined, and to order in writing the remedy of any condition found to exist therein or threat in violation of any provision of this chapter. 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 building inspector shall 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 and to prevent any illegal act, conduct, business, or use in or about such premises.

(Code 1978, § 400.040)

(a)

The council may, from time to time on its own motion, or on petition after public notice and hearing thereon, as provided herein, amend, supplement, change, modify, or repeal the regulations and restrictions as established herein. Before taking any action upon any proposed amendment, modification, change, restriction, or extension, the same shall be referred by the council to the commission.

(b)

In case of a protest against such amendment, change, modification or repeal duly signed and acknowledged by the owners of thirty (30) percent or more, either of the land (exclusive of streets and alleys) included in such proposed change, or within any area determined by lines drawn parallel to an [a] one-hundred-eighty-five-feet [foot] distance from the boundaries of the district proposed to be changed, such amendment shall not be passed except by a favorable vote of two-thirds of all members of the council.

(c)

No action on an amendment change, modification, or repeal shall be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least ten (10) days' notice of the time and place of such hearing shall be published in a paper of general circulation in the city.

(Code 1978, § 400.030; Ord. No. 6154, § I, 11-22-88; Ord. No. 6174, § I, 2-28-89)

State Law reference— Amendments, RSMo 89.050, 89.060.

(a)

A nonconforming use existing lawfully at the time of the passage or amendment of this chapter may be continued except as hereinafter provided. No nonconforming use of land shall be continued beyond the term ending two (2) years from the time of the adoption or amendment of this chapter unless such land be wholly or partially occupied by a permanent enclosed building, designed, and constructed for a nonconforming use. In a district A or a district B no nonconforming use, shall be continued beyond a term ending two (2) years from the time of the adoption or of this chapter, except by authorization of the council.

(b)

The lawful use of a building existing at the time of the passage or amendment of this chapter may be continued, although such use does not conform with the provisions hereof, and such use may be extended throughout such portions of the buildings as are arranged or designed for such use, provided no structural alterations, except those required by law or ordinance, are made therein. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification. If such nonconforming building is removed, the future use of such premises shall be in conformity with the provisions of this chapter. In the event a nonconforming use of any building is discontinued for a period of two (2) years, the use of the same shall thereafter conform to the provisions of the district in which it is located.

(c)

A nonconforming use if changed to a conforming use or more restricted nonconforming use, may not thereafter be changed back to a less restricted use than that to which it was changed. If by amendments to this chapter any property is hereafter transferred to a more restricted district by a change in the district boundaries, or the regulations and restrictions in any district are made more restrictive or of a higher classification, the provisions of this chapter relating to the nonconforming use of buildings or premises existing at the time of the passage of this chapter shall apply to buildings or premises occupied or used at the time of the passage of such amendment.

(d)

Repairs and alterations may be made to a nonconforming building, provided that no structural alterations shall be made except those required by law or ordinance, unless the building is changed to a conforming use; and provided that no extensions shall be made except by special permit from the board in case of evident hardship. Such extension shall not exceed twenty-five (25) percent of the ground area of the building.

(e)

All signs and billboards not conforming with this chapter shall be removed within a period of one (1) year from the effective date of this chapter, except that nonconforming signs specifically describing the business or nature of a nonconforming building, structure or use of the same premises may be maintained during the lawful lifetime of such building, structure or use.

(Code 1978, § 405.170)

(a)

Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued, and plans for which are on file with the building inspector at the time of the passage of this chapter and the construction of which in either case shall have been diligently prosecuted within one (1) year of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within such year and which entire building shall be completed, according to such plans as filed within two (2) years from the date of the passage of this chapter.

(b)

Nothing in this chapter shall prevent the restoration of a nonconforming building partly destroyed by fire, explosion, act of God or act of the public enemy, subsequent to the passage of this chapter, or prevent the continuance of the use of such building or part thereof, as such use existed at the time of such destruction of such building or part thereof, or prevent a change of such existing use under the limitations provided herein, provided such building is not destroyed to the extent of more than seventy-five (75) percent of its reasonable valuation. This chapter shall prevent the restoration of such nonconforming building so damaged more than seventy-five (75) percent of the reasonable valuation, and shall prevent the continuance of the use of such building or part thereof as such use existed at the time of such damage, and shall prevent a change of such existing use under the limitations provided by this chapter.

(c)

The provisions of this chapter shall not apply to prevent the extension of any building, existing in any district at the time of the adoption of this chapter, to the height to which the walls, foundation and framework of such existing building originally were intended, designed and constructed to carry; provided, however, that the actual construction of the extensions in height permitted by this paragraph shall have been duly commenced within ten (10) years from the date of the adoption of this chapter.

(Code 1978, § 405.180)

(a)

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 an administrative official in the enforcement of this chapter.

(2)

To hear and decide all matters referred to it or upon which the board is required to pass under this chapter.

(3)

To authorize upon appeal in specific cases such variance from the terms of this chapter as will be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done. Such variance shall not permit any use not permitted by this chapter in any specific chapter.

(4)

To exercise such other powers and duties provided for in this chapter.

(5)

To determine in cases of uncertainty, the classification of any use not specifically enumerated in this chapter.

(b)

In exercising its powers, the board may reverse or affirm, wholly or partly, or may 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 powers of the officer from whom the appeal is taken.

(c)

The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative officer, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in this chapter.

(Code 1978, § 415.020)

Cross reference— Establishment, organization, meetings of board of adjustment, § 17-36 et seq.

State Law reference— Board of adjustment, RSMo 89.080 et seq.

(a)

Appeals to the board may be taken by any person aggrieved or by any officer, board or bureau of the city affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

(b)

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown.

(c)

The board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

(Code 1978, § 415.020)

State Law reference— Similar provisions, RSMo 89.100.

Cross reference— Appeals to board relative to fences, § 6-245.

(a)

Any person, jointly or severally aggrieved by any decision of the board, or any officer, department, board, or bureau of the city, may present to the circuit court of the county 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.

(b)

Upon the presentation of such petition the court may allow a writ of certiorari directed to the board to review such decision of the board 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 for, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order.

(c)

The board shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies there of 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.

(d)

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 his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the 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.

(e)

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.

(f)

All issues in any proceeding under this section shall have performance over all other civil actions and proceedings.

(Code 1978, § 415.020)

State Law reference— Similar provisions, RSMo 89.110.

(a)

No permit for the erection, construction, reconstruction, alteration, conversion, maintenance or use of any building, or the use of any premises shall be issued by the building inspector unless there shall be first filed in his office by the applicant therefor, a plan in duplicate, drawn to scale, correctly showing the location and actual dimensions of the lot to be occupied, the dimensions and location on the lot of the building to be erected, constructed, reconstructed, altered, converted, maintained, or used, with measurements in feet and inches from all lot lines to all foundation lines of the building, together with a true statement in writing, signed by the applicant, showing the use for which such building or premises, is arranged, intended or designed, and the location and dimensions of all accessory buildings or structures. No permit shall be issued by the building inspector unless such plans shall show in all details that such building or structure is to be erected, constructed, reconstructed, altered, converted, maintained, or used, and such premises is to be used in conformity with all the provisions of this chapter. A record of such applications and plans shall be kept in the office of the building inspector.

(b)

Failure of any applicant or of his agents, servants or employees to erect, construct, reconstruct, alter, convert, maintain, or use any buildings, structures or premises in conformity with such plans on which such permit is issued, when such failure constitutes a violation of any provisions of this chapter, shall render such permit void, and the building inspector shall revoke any such permit by giving written notice to the applicant, or his agents, servants or employees and all work upon such buildings, structures, or premises shall be immediately discontinued on the serving of such notice until such buildings, structures or premises shall be changed so as to comply with such plans and permit.

(Code 1978, § 405.250)

No open, vacant or unimproved land shall be used for any purpose except agricultural without first obtaining a land use permit from the building inspector in keeping with the requirement and regulations of this chapter. Application for and administration of land use permits shall be the same as that for building permits.

(Code 1978, § 405.220)

(a)

No vacant land shall be occupied or used, except for agricultural uses, and no building hereafter erected or structurally altered shall be occupied or used until a certificate of occupancy shall have been issued by the inspector.

(b)

A certificate of occupancy shall state that the building or proposed use of a building or land complies with all the building and health laws and ordinances, and with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the building inspector, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.

(c)

No permit for excavation for any building shall be issued before applications have been made for certificate of occupancy.

(d)

A certificate of occupancy for a new building or the alteration of an existing building shall be applied for in writing coincident with the application for a building permit, and shall be issued within ten (10) days after the erection or alteration of such building or part thereof shall have been completed in conformity with the provisions of these regulations. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the building inspector for a period not exceeding six (6) months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificate shall be not construed as in any way altering the respective rights, duties or obligations of the owners or of the city relating to the use or occupancy of the premises, or any other matter covered by this chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.

(e)

A certificate of occupancy for the use of vacant land or the change in the character of the use of land as herein provided, shall be applied for before any such land shall be occupied or used and a certificate of occupancy shall be issued within ten (10) days after the application has been made, provided such use is in conformity with the provisions of these regulations.

(f)

A certificate of occupancy shall be required for all nonconforming uses. Application for certificate of occupancy for nonconforming uses shall be filed within twelve (12) months from the effective date of this chapter, accompanied by affidavits of proof that such nonconforming use was not established in violation of this chapter.

(Code 1978, § 405.230)

There is hereby established a fee in the amount of one hundred dollars ($100.00) for rezoning property within the city, for obtaining a special use permit within the city, and for requests for annexation of property to the city.

(Ord. No. 6296, § 3, 1-22-91; Ord. No. 05-73, § I, 9-27-2005)

Editor's note— Section 3 of Ord. No. 6296, adopted Jan. 22, 1991, amended the Code by adding provisions thereto; inclusion of the provisions as § 25-61 was at the discretion of the editor.

There is herby established a fee for all vacations of property within the city in the amount of fifty dollars ($50.00).

(Ord. 07-14, § 1, 4-10-07)