Festus City Zoning Code
ARTICLE V
Zoning Administration
Section 405.830 Enforcement of Chapter.
[R.O. 2009 §31-84; Ord. No. 2928 §31-84, 12-22-1999]
It shall be the duty of the Building Official, or any Building Inspector working under his/her direction, to enforce the provisions of this Chapter and to refuse to issue any permit for any building or structure or for the use of any lot which would violate any of the provisions hereof and to cause any building, structure, place or lot to be inspected and examined and to order in writing the remedying of any condition found to exist therein or threat in violation of any provisions 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 Official is hereby authorized and directed to 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 the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
Section 405.840 Amendments, Modifications, Etc., of Chapter.
[R.O. 2009 §31-95; Ord. No. 2928 §31-95, 12-22-1999; Ord. No. 3131 §II(31-95), 12-12-2001]
A.
The Council may, from time to time on its own motion or on petition after public notice and hearings thereon as provided in this Chapter, 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 Planning and Zoning Commission for report and recommendations.
B.
Such regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified or repealed. 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.
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 fifteen (15) days' notice of the time and place of such hearing shall be published in a paper of general circulation in the City; provided however, that petitioners for proposed amendments, modifications, changes, restrictions or extensions shall deposit with the City Clerk, at the time of filing such petition, a filing fee in the sum of one hundred fifty dollars ($150.00). Such sum of one hundred fifty dollars ($150.00) shall be paid to the City for deposit to the credit of the General Fund of the City. Such sum of one hundred fifty dollars ($150.00) shall be refunded to the petitioner upon recommendation of the Board of Adjustment provided that no publication of notice of hearing thereon has been ordered by the City. There shall be no publication of notice of hearing or a hearing, unless such deposit of seventy-five dollars ($75.00) shall be in the hands of the City.
D.
Applicant must post a four (4) foot by eight (8) foot minimum sign on the property fifteen (15) days prior to the hearing on district rezoning changes.
Section 405.850 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 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 (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.
B.
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).
Section 405.910 Board of Adjustment - Appointment.
[R.O. 2009 §31-88; Ord. No. 2928 §31-88, 12-22-1999]
A.
A Board of Adjustment is hereby established in accordance with the provisions of Sections 89.010 — 89.140, RSMo., regarding the zoning of Cities. The powers and duties of the Board are outlined in Section 405.940.
B.
The City Council shall provide for the appointment of a Board of Adjustment, and in the regulations and restrictions adopted pursuant to the authority of Sections 89.010 to 89.140, RSMo., may provide that the Board of Adjustment may determine and vary their application in harmony with their general purpose and intent and in accordance with general or specific rules therein contained. The Board of Adjustment shall consist of five (5) members with two (2) alternates, who shall be residents of the municipality except as provided in Section 305.410, RSMo. The membership of the first (1st) Board appointed shall serve respectively, one (1) for one (1) year, one (1) for two (2) years, one (1) for three (3) years, one (1) for four (4) years, and one (1) for five (5) years. Thereafter members shall be appointed for terms of five (5) years each. Three (3) alternate members may be appointed to serve in the absence of or the disqualification of the regular members. All members and alternates shall be removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The Board shall elect its own Chairman who shall serve for one (1) year.
Section 405.920 Board of Adjustment - Procedure.
[R.O. 2009 §31-89; Ord. No. 2928 §31-89, 12-22-1999]
A.
The Board shall organize and adopt rules for its own government in accordance with 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 the Board may 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 Board and shall be a public record. All testimony, objections thereto and rulings thereon, shall be taken down by a reporter employed by the Board for that purpose.
B.
Three (3) members of the Board shall constitute a quorum. The Board shall act by resolution, and the concurring vote of four (4) members of the Board shall be necessary to reverse any order or determination of the Building Official or to decide in favor of an applicant in any matter on which the Board has original jurisdiction under this Chapter or to grant any variance from the requirements stipulated in this Chapter.
Section 405.930 Board of Adjustment - Appeals and Applications.
[R.O. 2009 §31-90; Ord. No. 2928 §31-90, 12-22-1999; Ord. No. 3872 §I(31-90), 5-13-2009]
A.
Appeals to the Board of Adjustment may be taken by any person aggrieved, any neighborhood organization as defined in Section 32.105, RSMo., representing such person or by any officer, department, board or bureau of the City affected by any decision of the Building Official. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the Building Official and with the Board a notice of appeal specifying the grounds thereof. The Building Official 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 Building Official certifies to the Board, in writing, after the notice of appeal shall be filed with him/her that by reason of facts stated in the certificate, a stay would, in his/her opinion, cause eminent peril to life or property. In such cases, proceedings shall not be stayed unless, after a hearing, a restraining order shall be granted by a court of record.
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.
D.
Persons making applications appealing to the Board of Adjustment shall deposit with the City, at the time of filing such appeal, a filing fee in the sum of one hundred fifty dollars ($150.00). Such sum of one hundred fifty dollars ($150.00) shall be paid to the City for deposit to the credit of the General Fund of the City. Such deposit shall be refunded to the petitioner upon written request; provided that no publication of notice of hearing thereon has been ordered by the Board of Adjustment; and provided that no hearing thereon was held. There shall be no publication of notice of hearing and no hearing by the Board of Adjustment unless such deposit of one hundred fifty dollars ($150.00) shall be in the hands of the City; and that if the petition to the Board of Adjustment is for an appeal from a decision of the Building Official and the Board of Adjustment should rule against the petitioner, the petitioner shall be liable to the City for all costs expended for any hearing on the petition; and further, in all cases where petitioner seeks variance from present ordinances, petitioner shall be liable and pay all costs expended upon any public hearings.
E.
An application that has been denied shall not be resubmitted for a period of eighteen (18) months unless the application has been revised in a substantial manner.
Section 405.940 Board of Adjustment - Powers and Duties.
[R.O. 2009 §31-91; Ord. No. 2928 §31-91, 12-22-1999; Ord. No. 2977 §I(31-91), 6-28-2000]
A.
The Board of Adjustment 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 by the Building Official in the enforcement of this Chapter;
3.
To interpret the provisions of this Chapter where uncertainty exists as to their meaning or intent;
6.
To permit the temporary use of a structure or lot in any district for a purpose or use that does not conform to the regulations prescribed elsewhere in this Chapter for the district in which it is located, provided that such use be of a temporary nature and not involve the erection of a substantial structure and, further provided, that a certificate of occupancy for such use shall be authorized in the form of a temporary and revocable permit for not more than a twelve (12) month period, subject to such conditions as will safeguard the public health, safety, morals and general welfare; and
7.
Such other duties as may be required by the provisions of this Chapter.
B.
In exercising the above-mentioned powers, such 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.
Board of Adjustment authorization allowing a specific use of any property or construction or expansion of any structure related to said use will also require that said use and/or construction/expansion must be initiated within one (1) year of the date of Board of Adjustment authorization. After one (1) year the authorization expires and a new application must be made to the Board of Adjustment. Temporary permits may be issued by the Board of Adjustment for periods of up to one (1) year as per Section 405.940(A)(6) of the Festus zoning ordinance.
Section 405.950 Board of Adjustment - Variances.
[R.O. 2009 §31-93; Ord. No. 2928 §31-93, 12-22-1999; Ord. No. 3923 §I, 5-12-2010]
A.
In authorizing a variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the interest of the furtherance of the purposes of this Chapter and in the public interest. In authorizing a variance with attached conditions, the Board shall require such evidence and guarantee of bond, as it may deem necessary, that the conditions attached are and will be complied with.
B.
No such variance shall be authorized by the Board unless the Board finds, beyond reasonable doubt, that all the following facts and conditions exist:
1.
There are exceptional or extraordinary circumstances applying to the use, or to the intended use of the property in question, that do not apply to the use of other property in the same zoning district;
2.
Such variance is necessary for the preservation and enjoyment of substantial property rights as possessed by other properties in the same zoning district;
3.
The authorizing of such variance will not be of substantial detriment to adjacent property, the public health or welfare is not jeopardized and the variance will not materially impair the purposes of this Chapter or the public interest;
4.
The regulations of this Chapter impose serious practical difficulties or unnecessary hardship on the landowner; and
5.
The petitioner, through his/her own previous actions, did not create the need for the variance.
C.
No grant of a variance shall be authorized unless the Board specifically finds that the condition or situation of the specific piece of property or the intended use of such property for which variance is sought, one or the other or in combination, is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situation.
Section 405.960 Board of Adjustment - Procedure Where Persons Aggrieved By Decision of Board.
[R.O. 2009 §31-94; Ord. No. 2928 §31-94, 12-22-1999]
Any person jointly or severally aggrieved, any neighborhood organization as defined in Section 32.105, RSMo., representing such person or persons, by any decision of the Board of Adjustment 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.