The building inspector or his duly designated representative shall be the administrative officer for all purposes of this chapter. He is authorized and directed to enforce its provisions and for such purposes he shall have the powers of a police officer.

(Code 1963, § 91.010; Code 1988, § 32-26)

All orders or decisions of the administrative officer in relation to the enforcement of this chapter shall be in writing. A copy of such order or decision shall be submitted to each party in interest. Any party aggrieved by such decision or order may appeal to the board of adjustment.

(Code 1963, § 91.020; Code 1988, § 32-27)

No building erected, altered or moved shall be occupied until a certificate of occupancy has been issued therefor, nor shall the use or occupancy of any building be changed to a use or occupancy of a different classification until a certificate of occupancy permitting such new use or occupancy has been issued.

(Code 1963, § 92.010; Code 1988, § 32-28)

Upon written request, the administrative officer shall issue a certificate of occupancy for any building or premises for the use classification as existing on January 1, 1952, stating whether such use is a conforming use or a nonconforming use.

(Code 1963, § 92.020; Code 1988, § 32-29)

(a)

The following terms as used in this section shall be defined as follows:

Improvement shall mean any man-made structure on a property, including a house, shed, building, commercial building or fence.

Non-conforming use shall mean a use of land that lawfully existed prior to the enactment of a zoning ordinance and which is maintained after the effective date of the ordinance even though not in compliance with use restrictions.

Property shall mean any lot or other tract of ground located within the confines of the city limits of the City of Hannibal.

Transfer of ownership shall mean a transfer by deed or contract for deed to another person, trust, corporation, LLC, company, or other legal entity.

(b)

In the event that there is a transfer of ownership of property which has been used for a non-conforming use, then the new owner may not change the use to a different non-conforming use. However, the new owner may continue to utilize the property for the specific non-conforming use which the previous owner utilized the property for, provided that such use by the new owner is started within:

(1)

Sixty days of the transfer and thereafter operated continuously for residential property.

(2)

One hundred eighty days of the transfer and thereafter operated continuously for all non-residential property.

(c)

Regardless of whether there is a transfer of ownership, in the event that a property has been used for a non-conforming use, if such use shall cease for a period of 180 or longer, then it shall be unlawful thereafter to reinstate such use on the property.

(d)

In the event that an improvement on a property is a nonconforming use and such improvement is damaged or destroyed, such improvement may be repaired or rebuilt, provided that the construction is started within 180 of the date of damage or destruction and that the repair or construction is completed within 180 days of beginning the work.

(e)

In the event that a mobile home is located on property where it is a non-conforming use, it may be replaced. Such replacement must occur within 60 days of the destruction or removal of the prior mobile home. Further, the replacement mobile home must be no older than two years, it must be placed in the same location as the previous mobile home, and its size must be no more or less than 20 percent difference in size from the previous mobile home.

(Ord. No. 4849 , § 1, 12-15-2020)

This chapter shall in no way limit or restrict the power of the city council, of its own motion, to extend the boundaries of the city and to classify the land so annexed as one or more of the districts and to establish the boundaries thereof.

(Code 1963, § 93.040; Code 1988, § 32-41)

The director of public works or his designated representative may, by written rule filed with the city clerk, establish procedures not inconsistent with the Charter or ordinances of the city for application for amendments, revisions, changes or modifications of the zoning code of the city, and may in such rules establish a reasonable charge for the preparation of such applications.

(Code 1963, § 93.050; Code 1988, § 32-42)

On its own motion or on petition, the city council may amend, supplement, modify or otherwise change the regulations and restrictions or the boundaries of the zoning districts.

(Code 1963, § 93.010; Code 1988, § 32-43)

In case of a protest against such change duly signed and acknowledged by the owners of ten percent or more, either of the areas of land, exclusive of streets and alleys, included in such proposed change or within an area determined by lines drawn parallel to and 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 three-fourths of all the members of the city council.

(Code 1963, § 93.020; Code 1988, § 32-44)

(a)

Notice. No amendment, change or modification of the regulations, restrictions or boundaries of the zoning districts shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days' notice of the time and place of such hearing shall be published in the official paper of the city or a paper of general circulation in the city.

(b)

Cost; deposit. The person who requests a zoning change or amendment shall pay all costs for advertising, for publication of notices, and preparation and mailing of notices to property owners. At the time a request for zoning amendment is made and before it is considered by the city council for passage, a nonrefundable cost deposit in the amount of $75.00 must be filed with the city clerk by the applicant to defer the expenses as hereinabove set out. After the requested zoning change has been acted upon, the city clerk will determine the actual cost. Any deficiency between the cost deposit and the actual cost will be collected.

(Code 1963, § 93.030; Code 1988, § 32-45; Ord. No. 3201, §§ 1, 2, 11-17-1981)

A board of adjustment is hereby created, consisting of five members, appointed by the city manager and who shall serve without salary. There shall be appointed four alternate members of the board of adjustment who may serve in the absence of a member of the board of adjustment upon any matter. Alternate members of the board of adjustment shall be appointed by the city manager and shall serve without salary.

(Code 1963, § 94.010; Code 1988, § 32-56; Ord. No. 3377, § 1, 2-7-1984; Ord. No. 4053, § 1, 3-17-1998)

No member or alternate of the board of adjustment shall hold other public office nor shall more than two members of the board reside in the same ward. The city manager shall make appointments to the board without regard to the political affiliation of the appointee.

(Code 1963, § 94.020; Code 1988, § 32-57; Ord. No. 3377, § 2, 2-7-1984)

(a)

Members and alternates shall be appointed for terms of five years each. The city manager shall fill any vacancy in the membership by appointment in accordance with section 32-82 and for the unexpired term of the vacancy.

(b)

All members of the board of adjustment shall be removable for cause by the city council upon written charges filed with it by the city manager and after public hearing.

(Code 1963, § 94.030; Code 1988, § 32-58; Ord. No. 3377, § 3, 2-7-1984; Ord. No. 4053, § 1, 3-17-1998)

(a)

The board of adjustment shall elect its own chairman and vice-chairman, each of whom shall serve for one year. Such chairman or, in his absence, the vice-chairman may administer oaths and compel the attendance of witnesses by subpoena.

(b)

The city clerk shall be ex officio secretary of the board and shall be the custodian of the records and files of the board. The city attorney shall be the legal advisor of the board.

(Code 1963, § 94.040; Code 1988, § 32-59)

The board of adjustment shall have a fixed place of meeting and all meetings of the board shall be open to the public. Meetings of the board shall be held at the call of the chairman or, in his absence or inability to act, at the call of the vice-chairman or at such other time as the board by motion may determine. A meeting of the board shall be so called upon the request of three or more members of the board. Four members of the board shall constitute a quorum. At any such meetings of the board, any member who is not able to serve for that meeting may be replaced by an alternate, who shall exercise the powers of a member of the board when so sitting.

(Code 1963, § 94.050; Code 1988, § 32-60; Ord. No. 3377, § 4, 2-7-1984)

The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon 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.

(Code 1963, § 94.060; Code 1988, § 32-61)

The board of adjustment shall have the following powers with respect to the administration and enforcement of the provisions of this chapter, or of any rule or order of general or special applicability made in pursuance thereof:

(1)

Rules and regulations. To adopt such rules and regulations as may be deemed necessary for the conduct of its office and the administration and enforcement of this chapter.

(2)

Appeals. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the administration or enforcement of this chapter or any rule or regulation made in pursuance thereof.

(3)

Decisions. To hear and decide all matters referred to it or upon which it is required to pass pursuant to this chapter.

(4)

Equitable powers. In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this chapter, to vary or modify the application of the regulations or provisions of said chapters relating to the use, construction or alteration of buildings or structures or the use of land so that the spirit of said chapters shall be observed, public safety and welfare secured, and substantial justice done.

(5)

Information. To call upon any department or officer of the city for information, records and assistance reasonably required in the performance of the duties of the board; and it shall be the duty of such department or officer to supply the same at such time and place as the board may direct.

(Code 1963, § 94.070; Code 1988, § 32-62)

By virtue of the general powers granted the board of adjustment by section 32-87 and the statutes of the state, the board shall have the following powers, among others, which may be exercised upon appeals and within its discretion:

(1)

To relocate the boundary lines of zoning districts to include or exclude all of a lot in a single ownership where the said boundary line locates such lot in more than one zoning district.

(2)

To permit a temporary building for commerce or industry in an A or B zoning district where such building is incidental to residential development, such permit to be issued for a period of not more than one year.

(3)

To permit the erection and use of a building, or the use of premises, in any zoning district for a public service corporation or municipal board or for public utility purposes necessary to the public convenience or welfare.

(Code 1963, § 94.080; Code 1988, § 32-63)

In exercising the powers granted in this division, the board of adjustment 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 the powers of the administrative officer from whom the appeal is taken. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of the administrative officer, or to decide in favor of the applicant on any matter upon which it is required to pass.

(Code 1963, § 94.090; Code 1988, § 32-64)

The decisions of the board of adjustment shall be in the form of a resolution in writing, available to parties in interest and to the public.

(Code 1963, § 94.100; Code 1988, § 32-65)

Appeals to the board of adjustment may be taken by any person aggrieved, or by any officer, department, board or bureau of the city affected by any decision of the administrative officer. Such appeal shall be taken within ten days from the date of notification by the administrative officer of his decision in the matter to which the appeal relates. Such appeal shall be taken by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds therefor. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers, or a transcript thereof, constituting the record upon which the action appealed from was taken.

(Code 1963, § 94.110; Code 1988, § 32-66)

(a)

At the time of filing the notice of appeal, as provided in section 32-91, the person aggrieved shall deposit with the board of adjustment the sum of $75.00, which sum shall be used for postage and other administrative expenses in connection with the appeal and shall be nonrefundable. No officer, department, board or bureau of the city taking an appeal shall be required to provide said deposit.

(b)

An amount equal to the cost of recording a two-page instrument, as established by RSMo 59.310, as amended, shall be deposited, in addition to the fee, specified in subsection (a) of this section, for recording the certificate of variance, such deposit being delineated as cost of recording. The excess fee deposited as cost of recording shall be returned to the person aggrieved if:

(1)

The appeal is denied; or

(2)

The instrument is one page in length.

(Code 1963, § 94.115; Code 1988, § 32-67; Ord. No. 3149, § 1, 12-2-1980; Ord. No. 3163, § 1, 4-7-1981)

(a)

An appeal to the board of adjustment in accordance with the preceding section stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment 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 immediate peril to life or property.

(b)

In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record upon application or notice to the officer from whom the appeal is taken and on due cause shown.

(Code 1963, § 94.120; Code 1988, § 32-68)

The board of adjustment shall fix a reasonable time for the hearing of such appeal, giving public notice thereof, as well as due notice to the parties in interest and all owners of record of property within 300 feet of the premises to which the appeal relates. Notice to such owners of record may be delivered personally or by mail addressed to the respective owners at the address given in the last assessment roll. At such hearing, any party may appear in person, by agent or by attorney.

(Code 1963, § 94.130; Code 1988, § 32-69)

The decision of the board of adjustment shall not become final until the expiration of ten days from the entry of such decision unless the board shall find the immediate effect of such decision is necessary for the preservation of property or personal rights and shall so stipulate as a part of the decision.

(Code 1963, § 94.140; Code 1988, § 32-70)

Any person aggrieved by a decision of the board of adjustment may appeal to the city court of common pleas by authority of RSMo 89.100 and 89.110, and in accordance with the procedure provided in such sections.

(Code 1963, § 94.150; Code 1988, § 32-71)

(a)

Annually, in accordance with this Code, the board of adjustment shall prepare an estimate of the moneys required for its operation for the ensuing fiscal year. The board shall confine its expenditures within the sum appropriated to its use and stipulated in the budget of the city. Requirements for money not so appropriated, of an extraordinary or emergency nature, may be submitted to the city council for its determination.

(b)

On the first of each calendar month, or as soon thereafter as practical, the board shall certify to the city council a report of its expenses for the preceding calendar month.

(Code 1963, § 94.160; Code 1988, § 32-72)

(a)

The board of adjustment shall cause to be prepared a certificate of variance in the form specified in subsection (b) in this section, which shall be recorded in the office of the recorder of deeds for the appropriate county. The certificate of variance will be signed by the chairman of the board of adjustment and acknowledged by the city clerk. The cost of recording the variance shall be paid as specified in section 32-92. The certificate of variance shall not be recorded until after the variance is effective as established in section 32-95.

(b)

The certificate of variance shall be prepared in the following form:

CERTIFICATE OF VARIANCE

WITNESSETH, that on the _____ day of ___________ 20___, a variance was granted by the Board of Adjustment of the City of Hannibal, Missouri, to ___________, for the purpose of ___________, for the property described as:_____________________________ (legal description of property), such property also being known as ___________, located in the City of Hannibal, County of ___________, State of Missouri.

Such variance is granted solely to___________ and no others as long as___________ shall own the above-described property.

___________________
Chairman, Board of Adjustment
State of Missouri
County of Marion

On this _______ day of ________ 20_______, before me personally appeared the above signed, ___________, to me known to be the person who executed the foregoing Certificate of Variance, and has subscribed the same in my presence, and, who by me first duly sworn, did say that he is the Chairman of the Board of Adjustment of the City Hannibal, Missouri, and that the facts stated in the foregoing Certificate of Variance are true, and he further acknowledged that he executed the said Certificate of Variance as his free act and deed.

IN TESTIMONY WHEREOF, I have herein set my hand and affixed the official seal of the City of Hannibal, Missouri at my office the day and year next above written.

______________
City Clerk

(Code 1963, § 94.170; Code 1988, § 32-73; Ord. No. 3164, § 1, 4-7-1981)

The lawful use of land, existing at the time of the passage of the ordinance from which this chapter is derived, although such use does not conform to the provisions hereof, may be continued; but if such nonconforming use is discontinued, any future use of the premises shall be in conformity with the provisions of this chapter. The mere change of tenancy or ownership shall have no effect upon the continued permissive exercise and enjoyment of a nonconforming use existing at the time of the passage of the ordinance from which this chapter is derived.

(Code 1963, § 88.010; Code 1988, § 32-86)

The lawful use of the building existing at the time of the passage of the ordinance from which this chapter is derived may be continued although such use does not conform to the provisions hereof; and such use may be extended throughout the building, provided no structural alterations, except those required by law, are made. 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.

(Code 1963, § 88.020; Code 1988, § 32-87)

Sections 32-125 and 32-126 shall apply to nonconforming uses in districts that are hereafter changed.

(Code 1963, § 88.030; Code 1988, § 32-88)

Nothing in this article shall prevent the restoration of a building destroyed to the extent of not more than 75 percent of its reasonable value, by fire, explosion, or other casualty or act of God, or the public enemy, nor the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction; except that in the situation of pre-existing nonconforming residential homes, any existing home destroyed in excess of 75 percent of its reasonable value, by causes herein stated, shall be permitted to restore the home, provided such restoration is commenced with a period of six months.

(Ord. No. 4497, § 1, 3-17-2009)

Editor's note— Ord. No. 4497, § 1, adopted Mar. 17, 2009, repealed the former § 32-128, and enacted a new § 32-128 as set out herein. The former § 32-128 pertained to similar subject matter. See the Code Comparative Table for complete derivation.

No building shall be constructed, erected, reconstructed, structurally altered, enlarged or moved unless and until a zoning permit is secured from the administrative officer upon written application. Every such application shall be filed and shall be accompanied by a drawing, or plat, showing the lot and building site, the location of the building on the lot, accurate dimensions of the building, of the yards and of the lot, and such other information as may be necessary to the enforcement of this chapter and the disclosure of the intended use and occupancy of the proposed building. Unless construction is started within 90 days from the date of issue, the zoning permit shall become void.

(Code 1963, § 91.030; Code 1988, § 32-101)

The original application, drawings or plats, copy of zoning permit and any other explanatory matter filed by the applicant shall be recorded, kept and preserved in the office of the administrative officer. During the period of building construction or other change in the use or occupancy of the premises to which the zoning permit relates, the applicant shall keep upon the premises the duplicate copy of such application, drawings or plats and the original zoning permit.

(Code 1963, § 91.040; Code 1988, § 32-102)

At the time of filing an application for a zoning permit, if the proposed change in use or occupancy of the premises to which the application relates involves new construction, erection, reconstruction or alteration of buildings or structures, the applicant shall also file an application for such building permit as may be required by this chapter. In such case, the building permit shall not be issued until the zoning permit has been issued.

(Code 1963, § 91.050; Code 1988, § 32-103)

No zoning permit shall be issued unless the proposed erection, construction, reconstruction, alteration, occupancy and use of buildings, structures and land conform to the regulations and restrictions of this chapter. The drawings, plats and plans, together with the application for the zoning permit, shall be prima facie evidence of the facts necessary to determine such conformity, provided a zoning permit issued in violation of this section shall be of no force or effect nor shall it confer upon the permittee any right or privilege not authorized by the chapter or estop the enforcement of any provision hereof.

(Code 1963, § 91.060; Code 1988, § 32-104)