(A)

Ordinance Administration.

The Director of Community Development shall be the administrator for the enforcement and administration of this Ordinance and may be assisted by such other persons as the City Administrator may direct.

(1)

Duties of Administrator.

The Director of Community Development shall have the following duties and responsibilities:

(a)

To enforce the provision of this Ordinance by investigating information concerning violations thereof and by taking such actions of issuing such orders or directives as are deemed appropriate to insure compliance with the ordinance.

(b)

To keep accurate and complete records of all investigations, enforcement proceedings, Site Plans, Preliminary or Final Development Plans, Zoning Correspondence and such other records as they may be required to keep under the provisions of this Ordinance.

(c)

To faithfully and promptly execute all other duties or responsibilities delegated to him under this Ordinance.

(2)

Interpretation by Administrator.

In making any judgment, interpretation, or decision authorized by this Ordinance, the Director shall consider and be guided by the particular provisions of this Ordinance and relevant statements of intent contained herein provided. However, nothing herein shall be deemed to authorize the Director, in the performance of his duties, to permit any exception or variance from the provisions or requirements of this Ordinance or to otherwise impinge upon the powers vested in the Zoning Board of Adjustment.

(B)

Enforcement, Violations and Penalties.

(1)

Enforcement.

The provisions of this Ordinance shall be administered and enforced by the Director of Community Development.

(2)

Violations and Penalties.

(a)

Complaints Regarding Violations: Whenever a violation of this Ordinance occurs or is alleged to have occurred, any person may file a complaint of such alleged violation with the Director of Community Development stating fully the facts or grounds upon which the complaint is based. The Director shall promptly record and investigate such complaint and take appropriate action as provided by this Ordinance.

(b)

Enforcement Procedure: Whenever the Director finds than any of the provisions of this Ordinance are being violated, they shall promptly notify in writing the person(s) responsible for such violations, indicating in such notice the nature of the violation and the actions ordered to correct it. The Director shall in all cases take such actions or issue such orders or directives as are authorized by this Ordinance to insure compliance with or to prevent violations of its provisions.

(c)

Actions, Orders and Directives:

The Director or his designated representative shall have the authority to establish priorities for the abatement of zoning violations and implement appropriate procedures or remedies as provided herein to abate violations. In addition to all other powers conferred upon him by this Ordinance, the Director shall have the power to issue appropriate written orders or directives to any person deemed to be responsible for a violation of this Ordinance, as provided above. A failure to promptly comply with such lawful orders or directives shall be deemed a violation of this Ordinance, punishable as provided in Section 31-29(D) of this Ordinance. Such orders or directives shall include, but shall not be limited to: orders to discontinue illegal use of land, buildings, or structures; orders to remove illegal buildings or structures, or illegal additions, alterations or structural changes to buildings or structures; orders to discontinue illegal work or construction or any other appropriate orders to prevent or correct violations of this Ordinance.

The Director or his designated representative shall have, but not be limited to, the following remedies available to him or his designees with respect to abatement of zoning violations:

(i)

No Action.

After careful consideration of the facts and circumstances, the Director or his designee may authorize no action be taken on a complaint of an alleged zoning violation.

(ii)

Informal contact.

The Director or his designee shall have the authority to effectuate the abatement of zoning violations through informal meetings or conversations.

(iii)

Agreement to Abate.

The Director or his designee may enter into an agreement with a violator whereby the violator agrees to abate the violation within a certain time frame based upon certain conditions within the agreement. This time frame shall not exceed a period of six (6) months from date of execution of the abatement agreement.

(iv)

Notice and Order.

The Director or his designee may issue a notice and order to the violator ordering the cessation of illegal conditions within a specified period of time based upon the nature of the violation but not to exceed ten (10) days following receipt of notice as outlined in the following Notification Procedures.

(v)

Municipal Court Action.

The Director or his designee may issue a General Ordinance Complaint to the violator requiring appearance in Municipal Court for abatement of the violation.

(vi)

Right of Entry.

The Director or his designee shall have the right to enter upon any premises at any reasonable time for the purpose of carrying out their duties in the enforcement of this Ordinance, including abatement of violations.

(d)

Notification Procedures:

Whenever a violation of this Ordinance occurs, the Director, Building Official, Planner, or their designated representative shall give written notice of such violation either personally or by United States mail to the owner(s) of such premises, or to the person(s) responsible for such violation or shall post such notice on the Premises. The notice shall direct that, within ten (10) days following receipt of said written notice, the violation shall be corrected. If after such time, but within five (5) days, said violation continues or ever occurs again, the City may issue a General Ordinance Summons requiring the violator to answer to the charges in Municipal Court or may enter upon the premises at a reasonable time to abate said violation, or both. It should be noted that if a violation is abated, but occurs again at a later date, the City is not required to re-notify the same violator of the same violation.

(C)

Issuance of Building Permits.

(1)

In General.

No building or other structure shall be erected, moved, added to, or structurally altered without a building permit therefore, issued by the Building Official, as provided herein and in accordance with Chapter 6 of the Grandview Code of Laws. Further, no building permit shall be issued by the Building Official except in conformity with the provisions of this Ordinance, unless he receives a written order from the Zoning Board of Adjustment in the form of an administrative review or variance as provided by this Ordinance.

(2)

Application, Site and Building Plans, and Compliance with Plans.

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 Official unless there is first filed in its office by the applicant therefore, a plan in duplicate, drawn to scale, correctly showing the location and actual dimensions of the lots to be occupied, the dimensions and location 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. Further, no permit shall be issued unless such plan shall show in all details that such a building or structure is to be erected, constructed, reconstructed, altered, converted, maintained, or used, and such premises are to be used in conformity with all the provisions of this Ordinance. A record of such applications shall be kept in the office of the Building Official. 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 conformance with such plans on which such permit is issued, when such failure constitutes a violation of any provision of this Ordinance, shall render such permit void, and the Building Official is hereby authorized and directed to 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 permitted plans.

(3)

Refusal to Issue Building Permit.

If the Building Official refuses to issue same, he shall state in writing his reasons for such refusal and furnish applicant with a copy thereof.

(4)

Certificates of Occupancy:

(a)

In General.

No vacant land shall be occupied or used, except for agricultural uses, and no building shall be occupied or used (to include a change in use or occupancy) or hereafter erected or structurally altered until a certificate of occupancy shall have been issued by the Building Official.

(b)

Certificates of Occupancy to be Kept on File.

Certificates 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 Official, and copies shall be furnished on request to any person having a proprietary or tenant interest in the building affected.

(c)

Certificates of Occupancy for a Building.

Certificate of occupancy for a new building or the alteration of an existing building or a change in use of an existing building shall be applied for in writing or in connection with the application for a building permit and shall be issued within fifteen (15) working days after the erection or alteration of such building or part thereof shall have been completed in conformity with the provisions of these regulations, all applicable building and health ordinances, resolutions, and other requirements that may be imposed by the Board of Aldermen from time to time. Should any of the above provisions not be fully complied with, the Director shall retain the authority to withhold a regular Certificate of Occupancy until all requirements have been met and accepted by the City. Pending the issuance of a regular certificate, and at the discretion of the Director, a temporary certificate of occupancy may be issued for a period not to exceed six (6) months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificates shall not be 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 Ordinance, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants. Additionally, a temporary certificate of occupancy shall not be issued until such request is made in writing to the Building Official and an adequate surety instrument provided in a form that is acceptable and will be met within a specified time.

(d)

Certificate of Occupancy for Land.

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 fifteen (15) working days after the application has been made, provided such use is in conformity with the provisions of these regulations.

(D)

Penalties for Violations.

(1)

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 Ordinance, the proper authorities of the City, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction or 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 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, Building Official or other officer authorized to issue building permits, who is empowered 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 Ordinance.

(2)

The owner or general agent of a building or premises where a violation of any provision of the regulations of this Ordinance 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, or by imprisonment for ten (10) days for each and every day such violation shall continue. However, if the offense be willful, on conviction thereof, the punishment shall be a fine not less than one hundred dollars ($100.00) or more than two hundred and fifty dollars ($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. 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 provisions of the regulations made under authority of Chapter 89 of Missouri State Statutes in the respect named in such order, shall also be subject to a civil penalty of two hundred and fifty dollars ($250.00).

(E)

Procedures for District Map or Text Amendments.

(1)

Zoning District Map Amendments

(a)

Intent.

It shall be the intent of the Board of Aldermen to reclassify property where:

(i)

that circumstances and conditions affecting the property in question have so materially changed as to demand reclassification in the public interest; or

(ii)

that the change is consistent with and in furtherance of the implementation of the Comprehensive Plan.

It is intended under this Ordinance that the Planning Commission is the body responsible for the formulation and continuing review of the City's Zoning Ordinance and Comprehensive Plan and that the Commission shall be charged with the duty of periodically reviewing the policies and provisions of this Ordinance in light of its own initiative, such district reclassification or Ordinance amendments as may be deemed appropriate to secure the public welfare.

(b)

Initiation of Amendments. Boundaries of the zoning districts established by this Ordinance, the classification of property uses therein, or other provisions of this Ordinance may be amended from time to time. Amendments of this Ordinance may be initiated by:

(i)

The verified application of one or more owners of property requesting that the Ordinance be amended to reclassify their property.

(ii)

The Board of Aldermen.

(iii)

The City Planning Commission.

(c)

Planning Commission Action. Following the public hearing as described in 31-29(E)(1)(e), the Commission may act to recommend approval or disapproval of the request. The affirmative vote of a majority of the Commission members present shall constitute a recommendation of approval of a zoning reclassification request. A failure of the Commission to consider a zoning reclassification request within sixty (60) days following receipt of the request shall constitute Commission recommendation of approval thereof. A recommendation of the Commission shall forthwith be transmitted to the Board of Aldermen for its action.

(d)

Board of Aldermen Action. Following receipt of any recommendation of the Commission, or on finding that the Commission has not considered the request within the sixty (60) day limitation, The Board of Aldermen shall initiate final action on the request. The Board of Aldermen shall act to hold its own public hearing on the requested reclassification, at which time all interested parties shall have an opportunity to be heard. Proper notice of said hearing shall be given as provided in Section 31-29(E)(1)(e). Following the public hearing, the Board of Aldermen shall act to adopt or reject the reclassification request. In cases where the Commission has recommended disapproval of the reclassification, the affirmative vote of at least two-thirds (⅔) of the Board of Aldermen shall be required to enact the reclassification. Furthermore, in case of a written protest against the reclassification request, which is filed with the Department of Community Development and signed by the owners of thirty percent (30%) or more of the area of the lots included in the request, or by the owners of thirty percent (30%) or more of the property that is located within one hundred eighty-five feet (185') of the exterior parallel boundaries of the property being considered for classification, such request shall not be enacted except by the favorable vote of at least two-thirds (⅔) of the Board of Aldermen.

(e)

Notice and Hearing Requirements. Notice of the time and place of all public hearings to be held by the Planning Commission or Board of Aldermen shall be published in a newspaper of general circulation in the City at least fifteen (15) days prior to the date of the hearing. A reasonable effort shall be made to notify by regular mail those property owners whose property is being considered for reclassification and those adjacent owners of property within one hundred eighty-five feet (185') as measured parallel therefrom, prior to the first public hearing in which the reclassification request will be considered. Where the Commission or Board of Aldermen has set a public hearing on a reclassification request, the Department of Community Development shall take responsible steps to give notice of the time, place, and subject of the hearing by a courtesy mailing to all property owners within one-hundred eighty-five feet (185') of the property as measured parallel for which reclassification is requested, and to the owner(s) of the property included in such request. In all cases, however, the notice shall be mailed not less than fifteen (15) days prior to the public hearing announced therein. It shall be noted that this mailing is a courtesy mailing only and not required by State Statute. At all public hearings held by the Planning Commission or Board of Aldermen, any interested persons shall have an opportunity to express their opinions on the proposed amendment, either in person or by agent subject, in all cases, to reasonable rules of procedure.

(2)

Zoning Text Amendment Procedure.

(a)

Initiation and Commission Action. Any person may propose amendments to the provisions of this Ordinance by delivering a copy of the proposed amendment to the Department of Community Development. Such proposals shall be considered in regular session by the Planning Commission, which will diligently act to set the proposal for a public hearing as provided in Section 31-29(E)(1)(e) of this Ordinance. Following the public hearing, the Commission may act to recommend approval or disapproval of the proposed amendment. The affirmative vote of a majority of the Commission members present shall be required to constitute a recommendation of approval of the proposed amendments. The Commission's recommendation shall be forthwith transmitted to the Board of Aldermen for their action. A failure by the Commission to act within sixty (60) days following receipt of the proposed amendment shall constitute Commission recommendation of approval thereof.

(b)

Board of Aldermen Action: Following receipt of the Commission's recommendation or expiration of the sixty (60) day limit for Commission action, the Board of Aldermen shall act to hold its own public hearing on the proposed amendment, at which all interested parties shall have an opportunity to be heard. At least fifteen (15) day's notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City. Following the public hearing, the Board of Aldermen shall adopt or reject the proposed amendment. In those cases where the Commission has recommended disapproval of the amendment, the affirmative vote of at least two-thirds (⅔) of the Board of Aldermen shall be required to enact the amendment.

(3)

Application Schedule. Whenever any application shall have been denied by the Board of Aldermen, no new application covering the same property or the same property and additional property shall be filed with or considered by the Board of Aldermen until one year shall have elapsed from the date of filing the first application. Under no circumstances shall the required fee and notice costs be refunded upon failure of a proposed application to be enacted into law.

(F)

Conditional Use Procedures.

(1)

Intent.

It is intended that a "Conditional use" means a use which, because of its unique or varying characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration, as provided for in this ordinance, of the impact of such use upon neighboring land and of the public need for the particular use at a particular location, such conditional use may or may not be granted by the Board of Aldermen.

(2)

Application Requirements.

Any property owner or person representing the property owner may file an application to use a property for one of the Conditional Uses permitted in the district in which the property is located. All applications for a Conditional Use Permit shall be filed with the Department of Community Development. The applicant shall be required to supply all pertinent items of information required to review such application. Review of the application for a Conditional Use Permit may be obtained by delivering two (2) copies of the completed application form to the Director together with payment of the required fee as specified in this Ordinance. Upon receipt of the completed forms and the required fee, the Director shall forthwith transmit one (1) copy of the form to the Planning Commission while retaining the original form as part of their permanent records. Prior to its review, the Planning Commission may require the applicant for a Conditional Use Permit to supply any further information beyond that contained in the application form where it reasonably considers such information necessary to make the determinations required by this Ordinance.

(3)

Application Schedule.

Whenever any application shall have been denied by the Board of Aldermen, no new application covering the same property or the same property and additional property shall be filed with or considered by the Board of Aldermen until one year shall have elapsed from the date of filing the first application. Under no circumstances shall the required fee and notice costs be refunded upon failure of a proposed application to be enacted into law.

(4)

Standards for Granting a Conditional Use Permit.

No Conditional Use Permit shall be granted unless the Board of Aldermen determines, on the basis of specific information presented at the public hearings, or contained in the application for such use, that each of the following conditions have been satisfied:

(a)

The proposed Conditional Use will comply with all applicable regulations of this Ordinance, including lot requirements, bulk regulations, use limitations, and all other standards or conditions contained in the provisions authorizing such use.

(b)

Adequate utility, drainage and other necessary facility or improvements have been or will be provided.

(c)

Adequate access roads or entrance and exit drives will be provided and will be designed so as to prevent traffic hazards and to minimize traffic conflicts and congestion in public streets and alleys.

(d)

All necessary permits and licenses required for the operation of the Conditional Use have been obtained, or it clearly appears that such permits are obtainable for the proposed Conditional Use on the subject property.

(e)

All exterior lighting fixtures are shaded wherever necessary to avoid casting direct light upon any property located in a residential district.

(f)

The location and size of the Conditional Use, the nature and intensity of the activities to be involved or conducted in connection with it, the size of the site in relation thereto, and the location of the site with respect to streets giving access to the Conditional Use, shall be such that it will be in harmony with the appropriate and orderly development of the district and neighborhood in which it is located.

(g)

The location, nature and height of buildings, structures, walls, and fences on the site, and the nature and extent of landscaping and screening on the site, shall be such that the use will not reasonably hinder or discourage the appropriate development, use and enjoyment of the adjacent land, buildings and structures.

(h)

The proposed Conditional Use will not cause substantial injury to the value of other property in the neighborhood in which it is located and will contribute to and promote the convenience and welfare of the public.

(i)

Additional standards for granting a Conditional Use Permit for a change in nonconforming uses. The granting of any Conditional Use Permit under this subsection shall not be deemed to authorize any other use not specifically listed as a Permitted or Conditional Use for the district. The Planning Commission and Board of Aldermen may solicit the opinion or advice of its Staff or any other public agency or employee(s) whose advice it considers necessary to properly make the determinations required by this Section. Such opinions or advice shall be read or otherwise publicly presented at the public hearing and is specifically identified as a determining consideration in the Board of Aldermen's final written decision.

(5)

Public Hearing and Commission Action.

Following receipt of the completed application form and any additional information required by the Planning Commission, the Planning Commission shall hold a public hearing to consider the application for a Conditional Use Permit. Notice of the time and place of the public hearing shall be published in the newspaper of general circulation at least fifteen (15) days prior to such hearing. Proper notice of said hearing shall be given as provided in Section 31-29(E)(1)(e) of this Ordinance. At the public hearing, all interested parties shall be afforded a reasonable opportunity to appear and express their views on the application, either in person or by agent. Following the public hearing, the Commission may act to recommend approval or disapproval of the request. The affirmative vote of the majority of the Commission members present shall be required to constitute a recommendation of approval of a Conditional Use. A failure of the Commission to consider a Conditional Use request within sixty (60) days following receipt of the request shall constitute Commission recommendation of approval thereof. A recommendation of the Commission shall forthwith be transmitted to the Board of Aldermen for its action.

(6)

Public Hearings and Board of Aldermen Action.

Following receipt of any recommendation of the Commission or on finding that the Commission has not considered the request within the sixty (60) day limitation, the Board of Aldermen shall initiate final action on the request. The Board of Aldermen shall act to hold its own public hearing on the requested conditional use at which time all interested parties shall have an opportunity to be heard. Proper notice of said hearing shall be given as provided in Section 31-29(E)(1)(e) of this ordinance. Following the public hearing, the Board of Aldermen shall act to adopt or reject the Conditional Use request. In cases where the Commission has recommended disapproval of the Conditional Use, the affirmative vote of at least two-thirds (⅔) of the Board of Aldermen shall be required to enact the Conditional Use.

(7)

Conditions and Restrictions on the Conditional Use Permit.

(a)

Imposition of Conditions and Restrictions.

In granting a Conditional Use Permit, the Board of Aldermen may impose any conditions or restrictions it reasonably considers necessary to insure full compliance with the standards of Section 31-29(F)(4) to reduce or eliminate any detrimental effect of the proposed Conditional Use upon the neighborhood or the district, or to carry out the general purposes and intent of this Ordinance.

(b)

Modification of Conditions and Restrictions.

Any subsequent change or modification of a condition or restriction imposed by the Board of Aldermen in granting a Conditional Use Permit must be approved in the same manner and with the same requirements as the original application for a Conditional Use Permit.

(c)

Violation of Conditions and Restrictions.

A violation of such conditions and restrictions, when made a part of the terms under which the Conditional Use Permit is granted, shall be deemed a violation of this Ordinance.

(8)

Decision and Records:

The Board of Aldermen shall render a written decision on an application for a Conditional Use Permit within sixty (60) days after the close of the public hearing. The decision of the Board shall contain specific findings of fact supporting the granting or denial of the Conditional Use Permit and shall clearly set forth any conditions or restrictions imposed pursuant to Section 31-29(F)(6). The Board of Aldermen shall maintain complete records of all actions with respect to applications for Conditional Use Permits.

(9)

Period of Validity:

No Conditional Use Permit granted by the Board of Aldermen shall be valid for a period longer than six (6) months from the date on which the Board of Aldermen grants the permit, unless within such six (6) month period:

(a)

A building permit is obtained and the erection or alteration of a structure is started, or

(b)

An occupancy permit is obtained, if required, and the use is commenced.

The Board of Aldermen may grant a maximum of two (2) extensions not exceeding six (6) months each, upon written application without notice of hearing.