This article shall be enforced by the director of public works, or his authorized representative, appointed by the city. It shall be a violation of this article for any person to change or permit the change in the use of land or buildings or structures or to erect, alter, move or improve any building or structure until a building permit, land-use permit, or certificate of occupancy has been obtained under the following conditions:

(1)

Building permits. Whenever any structure or building is to be improved, or erected, moved, or structurally altered a building permit shall be obtained from the director of public works. The director of public works may require every applicant for a building permit to furnish the following information:

a.

A plot plan, drawn to scale, showing the exact size, shape and dimension 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, movements of vehicles and ingress and egress drives for all off-street parking and loading facilities.

b.

A declaration of the existing and intended use of each existing and proposed building or structure on the lot and the number of families and housekeeping units which each existing and proposed building is designed to accommodate.

c.

Additional information relating to the proposed improvement needed to determine compliance with these regulations.

d.

A survey prepared by a land surveyor registered in the state of the boundaries and elevation of the lot in which the improvement is proposed to be located may be required.

(2)

Land use permits. No open, vacant or unimproved land shall be used for any purpose permitted under this articleother than agricultural without first obtaining a land use permit from the director of public works or his duly authorized representative.

(3)

Certificate of occupancy.

a.

No change shall be made in the use of any land or building or structure after the passage of the ordinance from which this article is derived until a certificate of occupancy is obtained from the director of public works certifying that all of the provisions of this article are complied with. Whenever a building permit is issued for the erection of a new building or structure, an occupancy permit shall be required.

b.

No nonconforming use shall be renewed or changed without a certificate of occupancy having first been issued by the director of public works.

c.

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 days after the erection or alteration has been approved, as complying with the provisions of this article.

d.

The director of public works shall maintain a record of all certificates and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected.

e.

No permit for excavation for, or the erection of, or major repairs to any building shall be issued until an application has been made for a certificate of occupancy.

(4)

Filing; forms; fees. Applications for building, land use or other permits shall be filed with the director of public works upon forms prescribed, setting forth the legal description of the lot, tract or parcel of land, together with a general description of any buildings or structure to be constructed, erected or altered thereon, including the approximate size and shape, square foot area, and cubic content, principal material of construction, location of the building or structure upon the lot, tract or parcel, and the intended use.

a.

No permit shall be issued for any building, structure, construction or use of land unless the same be in conformity in every respect with all the provisions of this article and all other applicable ordinances of the city.

b.

The director of public works shall be empowered to act within the provisions of this article, upon all applications for R-1 or R-2 zone building permits, and the same shall be approved or denied not later than the seventh business day succeeding the day of filing; R-3 or higher not to exceed 30 business days. In the event of the denial of a permit upon application, the applicant shall be notified of the right of appeal to the board of adjustment.

c.

For each building permit issued there shall be charged and collected from the applicant, a fee, in accordance with the schedule specified in chapter 8, article II.

d.

The fee for a land use permit shall be as provided in the city fee schedule, plus a fee, as provided in the city fee schedule, for each $100.00 of cost of improvements to the property other than buildings or structures for which building permits are issued, provided the cost of grading or grubbing and clearing shall not be included in this fee calculation.

e.

There shall be a separate permit for each building or structure to be constructed, erected, or altered, except accessory buildings and appurtenances which may be included in the permit of the main building when construction is simultaneous.

f.

A permit may be revoked by the director of public works at any time prior to the completion of the building or structure for which the same was issued, when it shall appear that there is departure from the plans, specifications or conditions as required under terms of the permit, that the same was procured by false representation, or that any of the provisions of the zoning code are being violated. Upon the failure, refusal or neglect of any owner, his agent, contractor or duly authorized representative to secure such permit and pay the prescribed fee therefrom, as herein provided, the director of public works may issue a written stop order served upon the building or structure for which such permit was issued, and thereafter no such construction shall proceed.

(5)

Certificate of appropriateness. Issued by the historic preservation commission to certify that proposed construction or reconstruction of structures in the C-2/H district will comply with approved standards (see section 36-128(d)(6)).

(Code 1984, § 20-191; Ord. No. 3080, Art. VII, § 1, 11-16-1993; Ord. No. 3263, § 3, 5-20-1997)

(a)

General. The uses listed under the various zoning districts as "conditional uses permitted on review" are so listed because they may more intensely dominate an area than do permitted uses, notwithstanding the use may be desirable in the zoning district with certain conditions.

(b)

Procedure.

(1)

An application for conditional use permit shall be filed by the owner of the property on which the use will be conducted (or with the owner's consent). The application shall include a map or drawing showing the location of the proposed conditional use and an application fee as provided in the city fee schedule.

(2)

Within 60 days after receipt of the application a public hearing will be conducted by the city planning commission in consideration of the application. A public notice of the hearing shall be published in the local daily newspaper at least ten days prior to the date of the hearing.

(3)

The applicant shall be responsible for mailing by certified mail a copy of the public hearing notice to all property owners within 185 feet of the location of the proposed conditional use and to provide written proof of mailing to the commission, together with records of the county assessor showing ownership of property within 185 feet of the subject property, as measured from the outer boundary of the subject property perpendicular from the boundary, or from the tangent of a curve in the event of a curved boundary.

(4)

After the public hearing, the planning commission shall make recommendation to the city council to approve, approve with conditions or deny the application.

(c)

Approval/permit. The city council shall consider the application and the planning commission's recommendations and may authorize issuance of a conditional use permit to the applicant by passing an ordinance stipulating the specific use, specific location, and any other conditions deemed necessary to protect the essential character of the neighborhood.

(d)

Expiration, non-transferable, revocation.

(1)

A conditional use permit shall automatically expire if, after one year from the date of issuance, the applicant has failed to take the steps necessary to begin the authorized activities or, if once begun the authorized use is abandoned by the permittee for a period of six months.

(2)

A conditional use permit may not be transferred from the original applicant or from the original location.

(3)

A conditional use permit may be revoked at any time by the city council if the permittee fails to abide by the conditions of the permit.

(Code 1984, § 20-192; Ord. No. 3447, § 2, 6-5-2001)

(a)

General. The zoning regulations, restrictions and district boundaries may be amended from time to time in accordance with the provisions of this section.

(b)

Public hearing, notice. Amendments shall not become effective until after a public hearing in relation thereto. Public notice of the time and place of such hearing shall be published in a newspaper of general circulation in the city at least 15 days prior to the hearing. In addition, applicants for amendments to a zoning district boundary or for a rezoning of land shall be responsible for mailing notices of such hearing to property owners within an area determined by lines drawn parallel to, and 185 feet distant from, the district or parcel of proposed change. Such notices shall explain the proposed change and shall be mailed by certified mail, return receipt, at least ten days prior to the hearing. The mailing list and receipts shall be filed with the planning and zoning commission secretary or the city clerk.

(c)

Application.

(1)

Applications for amendments shall be made on forms provided by the city and shall be accompanied by a fee as established by the city council, plus the publication cost.

(2)

Applications to amend zoning district boundaries or rezone land may be made by the owner, or agent of the owner, of the district or parcel of proposed change; or may be initiated by the city administrator on behalf of the city council or planning commission. Applications to amend zoning regulations or text of the zoning ordinance may be made by any interested party.

(3)

Applications will not be scheduled for a public hearing until the following information is submitted:

a.

Fully completed and signed application form and application fee.

b.

Map and legal description of land to be zoned or rezoned.

c.

Verification of ownership of land to be zoned or rezoned.

d.

A statement regarding the intended use of the property.

e.

Proposed development schedule.

f.

Site plan (required for all sites except sites in the A-1 and R-1 zoning districts. If zoning is being considered in conjunction with a subdivision application, the preliminary plat will serve as the site plan).

g.

Comments from the state department of transportation for sites adjacent to a state highway.

h.

Traffic study (may be required depending on location, size and type of development).

(d)

Site plan requirements. The site plan shall include the following data, details and supporting plans that are relevant to the proposal. The applicant shall note the reason for any omissions.

(1)

Site plans shall be prepared by a registered land surveyor to a scale of one inch equals 20 inches on 24-inch by 36-inch sheets with continuation on 8½ inches by 11 inch sheets as necessary for written information.

(2)

Name of project, developer, locus map, property boundary lines, existing and proposed streets, rights-of-way and easements.

(3)

Location and size of existing and proposed utilities, including stormwater drainage and retention.

(4)

Location, dimensions and proposed use of buildings with setbacks from property lines and between structures.

(5)

Location and dimensions of driveways, parking and loading areas, sidewalks, fences and trash disposal facility.

(6)

Location and dimensions of landscaping.

(7)

Approved site plans shall remain valid for a period of two years. Upon request and for good cause, the planning and zoning commission and city council may extend this term for one year.

(e)

Review. The city planning and zoning commission shall consider the application and conduct a public hearing at the time and date specified. Any hearing may, for good cause, at the request of the applicant or in the discretion of the planning and zoning commission, be continued. Upon the final hearing, the commission shall review the testimony and information presented, consider the impact the proposed amendment may have on public health, safety, morals and the general welfare, and shall recommend to the city council approval of the application, approval with modifications or conditions, or denial of the application. The application and the recommendation of the planning and zoning commission shall be submitted to the city council for final approval or denial. In case of a protest against an amendment, duly signed and acknowledged by the owners of 30 percent or more, of the areas of the land (exclusive of streets and alleys) included in the proposed change, or within an area determined by lines drawn parallel to, and 185 feet distant from, the boundaries of the district or land of the proposed change, then such change shall not become effective except by the favorable vote of two-thirds of all the members of the city council.

(f)

Building permits. Building permits shall not be issued for developments that do not conform to site plans approved with the zoning application. Changes to a site plan must be reviewed by the planning and zoning commission and approved by city council.

(Code 1984, § 20-193; Ord. No. 3080, Art. VII, § 3, 11-16-1993; Ord. No. 3252, § 1, 1-21-1997)

All new annexations of land to the city after the effective date of the ordinance from which this article is derived shall be classified as an A-1 Agriculture Rural Residential District, unless otherwise classified by the city council. Within a period of time not to exceed one year from the effective date of the ordinance annexing said addition, the city planning commission shall study and make recommendations concerning the use of land within said annexation to promote the general welfare and in accordance with the comprehensive city plan and upon receipt of such recommendations the city council shall, after public hearings as required by law, establish the district classification of said annexation; provided, however, that this shall not be construed as preventing the city planning commission and the city council from holding public hearings prior to annexation and establishing the district classification at the time of said annexation.

(Code 1984, § 20-194; Ord. No. 3080, Art. VII, § 4, 11-16-1993)

(a)

The boundaries of the zoning districts are hereby established as shown on the official zoning map. This map shall have applied thereon:

(1)

The date of adoption by the city council.

(2)

The signature of the mayor and the city clerk.

(b)

The official zoning map for the city shall be filed in the office of the city clerk. The official zoning map may be amended in accordance with section 36-284.

(Code 1984, § 20-195; Ord. No. 3080, Art. VII, § 5, 11-16-1993)

(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 RSMo 89.010 to 89.140 or of this article, 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 said 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 the director of public works who is 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 article.

(b)

The owner or general agent of a building or premises where a violation of any provision of this article 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, building, 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 $10.00 and not more than $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 $100.00 or more than $250.00 for each and every day that 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 said order within ten days after such service of shall continue to violate any provision of the regulations made under authority of RSMo 89.010 to 89.140, in the respect named in such order shall also be subject to a civil penalty of $250.00.

(Code 1984, § 20-196; Ord. No. 3080, Art. VII, § 6, 11-16-1993)

In case any portion of this division shall be held to be invalid or unconstitutional, the remainder of the division shall not thereby be invalid, but shall remain in full force and effect.

(Code 1984, § 20-197; Ord. No. 3080, Art. VII, § 7, 11-16-1993)

All rights or remedies are expressly saved as to any and all violations any previous zoning ordinance of amendments thereto that have accrued at the time of the effective date of the ordinance from which this division is derived; and that all existing violations of previous zoning ordinances which would otherwise become nonconforming uses under this division, but shall be considered as violations of this division in the same manner that they were violations of prior zoning ordinances of the city.

(Code 1984, § 20-198; Ord. No. 3080, Art. VII, § 8, 11-16-1993)