(a)

Zoning inspector. There is hereby created the position of zoning inspector. The board of aldermen shall designate a municipal employee as the zoning inspector. The chairperson of the planning and zoning commission is hereby authorized to act as zoning inspector in the absence of the designated zoning inspector.

(b)

Duties. It shall be the duty of the zoning inspector to enforce this chapter. The zoning inspector shall receive applications required by this chapter and issue permits. He shall examine premises for which permits have been issued, and shall make necessary inspections to see that the provisions of law are complied with. He shall enforce all laws relating to the construction, alteration, repair, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, except as may be otherwise provided for. He shall, when the interests of the city so require, make investigations regarding matters referred to in this chapter. For enforcing compliance with law, he shall issue such notices or orders as may be necessary.

(Prior Code, § 42.1300(1), (2); Ord. No. 1683, 5-8-2006; Ord. No. 2671, § 1(42.1300(1), (2)), 5-24-2018)

For carrying into effect its provisions, the zoning inspector may adopt rules consistent with this chapter subject to the prior approval of the board of aldermen.

(Prior Code, § 42.1300(3); Ord. No. 1683, 5-8-2006; Ord. No. 2671, § 1(42.1300(3)), 5-24-2018)

The zoning inspector shall keep careful and comprehensive records of applications, of permits issued, of inspections made, of reports rendered, and of notices or orders issued.

(Prior Code, § 42.1300(4); Ord. No. 1683, 5-8-2006; Ord. No. 2671, § 1(42.1300(4)), 5-24-2018)

(a)

Building permits. It shall be unlawful to construct or alter, or to commence the construction or alteration of a building or structure, without first filing with city hall an application in writing and obtaining a formal building permit. A building permit shall be requested for all new construction and for alterations which increase the size of an existing structure. A building permit is not needed for painting; roofing; the making of normal repairs; the adding of storm windows, guttering, or new siding; or interior remodeling, which does not impact structured components.

(b)

Land use permits. A land use permit must be obtained from city hall for any commercial or industrial use of land on which no building or structure is to be erected.

(c)

Application for a permit. An application for a permit shall be submitted in such form as the zoning inspector may prescribe. Such application shall describe briefly the proposed work and shall give such additional information as may be required by the zoning inspector for any intelligent understanding of the proposed work. Such application shall be accompanied by payment of such fees as the board of aldermen may establish. There shall also be filed a plot diagram in a form and size suitable for filing permanently with the permit record, drawn to scale, with all dimensions figured, showing accurately the size and exact location of all proposed new construction and of all existing buildings. Where no building or structure is to be erected, the applicant shall state on the application for a permit, the nature of the proposed use of the land.

(d)

Exception for accessory building. A building permit shall not be required under this section for an accessory building not exceeding 80 square feet in size, which accessory building is not affixed to a permanent foundation; provided, however, that only one such accessory building may be constructed on any parcel of ground under common ownership without a building permit.

(Prior Code, § 42.1300(5)(a)—(d); Ord. No. 1683, 5-8-2006; Ord. No. 2671, § 1(42.1300(5)(a)—(d)), 5-24-2018)

A nonrefundable fee will be charged in advance for each permit application, which fee shall reimburse the city for the city's expense in processing and issuing or denying such permit. The following fees shall be charged per permit:

(1)

New construction. A building permit for construction requiring building inspections shall be charged in accordance with current fee schedule.

a.

Base rate. A base rate, in accordance with current fee schedule, shall be charged on all permits that require building inspections, in addition to the building permit fees and minimums listed below.

b.

Minimum fee. The minimum fee shall be in accordance with current fee schedule.

(2)

Miscellaneous construction permits. Permits not requiring building inspections shall be in accordance with current fee schedule

(3)

Square foot charges. Square foot charges shall be charged in accordance with current fee schedule.

(4)

Driveway permits. The following charges shall apply to the construction of a driveway:

a.

Driveway permit without a culvert in accordance with current fee schedule.

b.

Driveway permit with the installation of a culvert in accordance with current fee schedule.

c.

Culvert permit in accordance with current fee schedule.

(Prior Code, § 42.1300(5)(e)(1)—(3), (5); Ord. No. 1683, 5-8-2006; Ord. No. 2671, § 1(42.1300(5)(e)), 5-24-2018)

Nothing in this section shall prohibit the filing of amendments to an application at any time before the completion of the work for which the permit was sought. Such amendments, after approval, shall be filed with and be deemed a part of the original application.

(Prior Code, § 42.1300(5)(e)(6); Ord. No. 1683, 5-8-2006; Ord. No. 2671, § 1(42.1300(6)), 5-24-2018)

If, after examination of the application for permit, the zoning inspector finds no objection to the same and it appears that the proposed work will be following the laws and ordinances applicable thereto, he shall approve such application and issue a permit for the proposed work as soon as practicable. If his examination reveals otherwise, he will reject such application, noting his finding in a report to be attached to the application and delivering a copy to the applicant.

(Prior Code, § 42.1300(5)(e)(7); Ord. No. 1683, 5-8-2006; Ord. No. 2671, § 1(42.1300(7)), 5-24-2018)

All work performed under a permit issued by the zoning inspector shall conform to the approved application and plans, and approved amendments thereof. The location of all new construction as shown on the approved plot diagram, or an approved amendment thereof, shall be strictly adhered to. It shall be unlawful to reduce or diminish the area of a lot or plot of which a plot diagram has been filed and has been used as the basis for a permit, unless a revised plot diagram showing the proposed change in conditions shall have been filed and approved; if this shall not apply when the lot is reduced due to a street opening or widening or other public improvement. It shall be unlawful to change the use of land for which a land use permit has been issued until a revised land use permit has been obtained. Construction of the building or structure must be commenced within six months of issuance of the permit and construction must be completed within 12 months of the date of issuance of the building permit.

(Prior Code, § 42.1300(5)(e)(8); Ord. No. 1683, 5-8-2006; Ord. No. 2671, § 1(42.1300(8)), 5-24-2018)

In addition to any other rights and remedies available to the city at law or equity, the zoning inspector may revoke a permit or approval issued under the provisions of this chapter in the event the work performed fails to conform with the permit or any conditions of the permit, and the zoning inspector shall revoke any permit or approval issued under the provisions of this chapter where there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.

(Prior Code, § 42.1300(5)(e)(9); Ord. No. 1683, 5-8-2006; Ord. No. 2671, § 1(42.1300(9)), 5-24-2018)

Within ten days of the completion of any construction or alteration of a building or structure for which a building permit has been issued, the person to whom the building permit was issued or his representative shall notify the zoning inspector that the construction or alteration has been completed. Additionally, the person to whom the building permit was issued or his representative shall provide the zoning inspector with the applicable statement of completion from a duly qualified electrician, a duly qualified plumber, and a duly qualified building contractor (as specified in article III of chapter 18 and article II of chapter 38), that the construction as completed complies fully with all applicable requirements of this Code, with respect to electrical, plumbing and building work. The city clerk shall maintain a list of duly qualified electricians and plumbers acceptable to the city who have provided the city with a copy of a license of another city of the state, provided that such applicant has been licensed by a city having adopted a plumbers and electrical code and plumbing and electrical examination requirements. The zoning inspector shall review the inspection statements, and if all requirements of this chapter have been complied with fully, the zoning inspector shall issue a certificate of occupancy to the person. No person shall occupy any building or structure for which a building permit has been issued without first obtaining a certificate of occupancy for the building or structure.

(Prior Code, § 42.1300(5)(e)(10); Ord. No. 1683, 5-8-2006; Ord. No. 2671, § 1(42.1300(10)), 5-24-2018)

(a)

Applications for amendment, revision, or change of the city zoning district map may be made by any person, or his agent, who owns the land sought to be rezoned. If such application is made by the owner's agent, such agent shall enter upon the application the name and current mailing address of the owner. Such application shall be made upon forms prescribed by the commission and duly filed with the commission.

(1)

The application must be completed by the owner of the property or his agent and be returned to the zoning inspector or city clerk, who will check it for completeness. The accuracy of the legal description of the property is the responsibility of the applicant and is not the responsibility of the city. The applicant must submit the completed application and ten copies of the application to the zoning inspector or city clerk. The planning and zoning commission will schedule a public hearing on the date of the next regularly scheduled planning and zoning meeting, giving at least 15 days' notice of the time and place of such hearing in a newspaper of general circulation within the city.

(2)

The application must be accompanied by a full legal description (surveyor's description or by metes and bounds) and a general location description of the property requested to be rezoned. The legal description must be accompanied by a recorded (with the county recorder's seal) deed, which includes the property requested to be rezoned.

(3)

The application must be accompanied by ten copies of a map of the land in question, showing the adjoining, opposite and abutting tracts, and ownership of each tract; also, the position of all present buildings and proposed developments.

(4)

The applicant must notify all property owners adjacent, opposite and abutting to or within an area determined by lines drawn parallel to and 185 feet distant from the boundaries of the district proposed to be rezoned of his intention to apply for a zoning change, and that he has fully informed them of the type of zoning change requested and has explained the intended development proposed for the area. The applicant will notify the property owners within 185 feet by means of a form letter provided by the city clerk, which will show the date of the planning and zoning public hearing and information pertaining to the procedures for rezoning. The applicant must provide the city clerk with a copy of the letter and the certified mail receipts prior to the first public hearing.

(b)

Applications for amendment, revision, or change of any of the rules, regulations, or provisions of the text of this chapter may be made by any interested person on forms prescribed by the commission and duly filed with the commission.

(c)

A filing fee, in accordance with the current fee schedule, shall accompany the application, which filing fee shall constitute an advance deposit to cover actual publication and recording expenses associated with the application. The actual costs of publishing notice of the proceeding and of recording and transcribing the transcript of such proceeding shall be the responsibility of the applicant. If these actual costs exceed the amount of the filing fee deposited, then the applicant shall forthwith pay any such additional amounts to the city. If the filing fee deposit provided for herein exceeds actual publication and recording costs, then the city shall refund to the applicant the amount of such deposit not necessary to cover all such expenses. This fee shall be refunded in full if the application is withdrawn before the first hearing notice is placed for publication.

(d)

The application shall be mailed to the commission with notification of the public hearing. Any such hearing may, for good cause, at the request of the applicant or in the discretion of the commission, be continued. At least 15 days' notice of the time and place of such hearing shall be published in a newspaper of general circulation within the city.

(Prior Code, § 42.1400(1)—(4); Ord. No. 2671, § 1(42.1400(1)—(4)), 5-24-2018)

Upon the final hearing of such application, the commission shall make a written report with a recommendation for final approval or denial of the application by the board of aldermen.

(Prior Code, § 42.1400(5); Ord. No. 2671, § 1(42.1400(5)), 5-24-2018)

Before acting upon any application for amendment, the board of aldermen shall set a time and place for a hearing thereon, and at least 15 days' notice of the time and place of such hearing shall be published in a newspaper of general circulation in the city.

(Prior Code, § 42.1400(6); Ord. No. 2671, § 1(42.1400(6)), 5-24-2018)

In case a protest against such revision or amendment is presented, duly signed and acknowledged by the owners of ten percent 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 185 feet distant from the boundaries of the district proposed to be changed, such revision or amendment shall not become effective except by the favorable vote of three-fourths of all of the members of the board of aldermen.

(Prior Code, § 42.1400(8); Ord. No. 2671, § 1(42.1400(8)), 5-24-2018)

Recommendations for revision, or amendment of this chapter, including the zoning district map, may also be made by the commission upon its own motion for final determination by the board of aldermen; likewise, the board of aldermen may revise, modify, or amend this chapter, including the zoning district map upon its own motion; provided, however, such proposed changes shall first be submitted to the commission for recommendations and report. In either case, final action thereon shall be taken only upon notice and hearing, as provided herein.

(Prior Code, § 42.1400(7); Ord. No. 2671, § 1(42.1400(7)), 5-24-2018)

A zoning board of adjustment is hereby created. The board of adjustment shall consist of five qualified voters of the city appointed by the board of aldermen for terms of five years. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Members of the board of adjustment shall serve without compensation and each member shall serve until his successor is appointed and qualified. Members of the board of adjustment shall be removable for cause upon written charges and after public hearings.

(Prior Code, § 42.1600(1); Ord. No. 2671, § 1(42.1600(1)), 5-24-2018)

The board of adjustment shall organize and elect a chairperson, vice chairperson, and secretary from its membership to serve for the duration of his term. The board of adjustment shall then adopt rules for its own government in accordance with this chapter and RSMo 89.010—89.140. Meetings shall be held at the call of the chairperson and at such times as the board of adjustment deems advisable. The chairperson, or, in his absence, the vice chairperson, may administer oaths and the board of adjustment may compel the attendance of witnesses. All meetings of the board of adjustment shall be open to the public. The secretary shall keep minutes of the proceedings, indicating the vote of each member on each question, or if absent or failing to vote, so note. The secretary shall keep records of the board of adjustment's examinations and other official actions. All testimony, objections thereto, and rulings thereon shall be recorded, taken down and later transcribed. The secretary shall conduct all official correspondence and supervise the clerical work of the board of adjustment. Four members of the board of adjustment shall constitute a quorum. The board of adjustment shall act by resolution; and the concurring vote of four members of the board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of any administrative official of the city, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to affect any variation in such ordinance.

(Prior Code, § 42.1600(2); Ord. No. 2671, § 1(42.1600(2)), 5-24-2018)

(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 made by the administrative official, in the enforcement of this chapter.

(2)

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

(3)

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

(4)

In exercising the above-mentioned powers, such board may, in conformity with law, 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 officer from whom the appeal is taken. The concurring vote of four members of the board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass or to affect any variation in this chapter.

(b)

Any properly filed appeal, accompanied by the correct filing fee, shall receive a proper hearing and determination from the board within 90 days of such proper filing. Failure of the board to provide such a hearing and determination within the 90-day period shall constitute an approval of the request.

(Prior Code, § 42.1600(3); Ord. No. 2671, § 1(42.1600(3)), 5-24-2018)

Any person jointly or severally aggrieved by any decision of the board of adjustment or any officer, department, board, or bureau of the city may present to the circuit court a petition duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition must be presented to the court within 30 days after the filing of the decision in the office of the board of adjustment, and thereafter proceedings shall be had thereon as provided by RSMo 89.010 to 89.140.

(Prior Code, §§ 42.1730, 42.1820; Ord. No. 2671, § 1(42.1730), (42.1820), 5-24-2018)

It is the purpose of this section to provide for an appeals process which allows appeals to the board of adjustment by any person aggrieved or by any officer, department, board, or bureau of the city affected by any decision of the zoning inspector or the planning and zoning commission.

(Prior Code, § 42.1700; Ord. No. 2671, § 1(42.1700), 5-24-2018)

Application for an appeal shall be made to the zoning inspector and shall be accompanied by the following:

(1)

A notice of appeal specifying the grounds thereof.

(2)

A deposit to cover costs in accordance with the current fee schedule. If the actual costs exceed the amount of the filing fee deposited, then the applicant shall forthwith pay any such additional amounts to the city. If the filing fee deposit provided for herein exceeds actual costs, then the city shall refund to the applicant the amount of such deposit not necessary to cover all such expenses.

(Prior Code, § 42.1710; Ord. No. 2671, § 1(42.1710), 5-24-2018)

(a)

The zoning inspector from whom the appeal is taken shall forthwith transmit to the board of adjustment all papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the actions appealed from, unless the zoning inspector from whom the appeal is taken certifies to the board of adjustment, after the notice of appeal, shall have been filed with him that, because of the facts stated in the certificate, a stay would, in his opinion, cause immediate 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 of adjustment or by a court of record on application or notice to the zoning inspector from whom the appeal is taken on due cause shown.

(b)

The board of adjustment 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 reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

(Prior Code, § 42.1720; Ord. No. 2671, § 1(42.1720), 5-24-2018)

It is the purpose of this subdivision to provide for variance requests where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, and to vary or modify the application or any of the regulations or provisions of this chapter relating to the construction or alteration of buildings or structures or the use of land.

(Prior Code, § 42.1800; Ord. No. 2671, § 1(42.1800), 5-24-2018)

Applications for a variance may be made by any person, or his agent, who owns the land. If such application is made by the owner's agent, such agent shall enter upon the application the name and current mailing address of the owner. Applications for a variance request shall be accompanied by the following:

(1)

Completed application forms.

(2)

A deposit to cover costs in accordance with the current fee schedule. If the actual costs exceed the amount of the filing fee deposited, then the applicant shall forthwith pay any such additional amounts to the city. If the filing fee deposit provided for herein exceeds actual costs, then the city shall refund to the applicant the amount of such deposit not necessary to cover all such expenses.

(3)

A full legal description of the subject property and a general location description of the property. The legal description must be accompanied by a recorded (with the county recorder's seal) deed which includes the property in question.

(4)

The application must be accompanied by ten copies of a map of the land in question, showing the adjoining, opposite and abutting tracts, and ownership of each tract; also, the position of all present buildings and proposed developments.

(5)

The applicant must notify all property owners within 185 feet distant from the boundaries of the property of his intention to apply for a variance, and that he has fully informed them of the type of variance requested and has explained the intended development proposed for the area if any. The applicant will notify the property owners within 185 feet by means of a form letter provided by the city clerk which will show the date of the public hearing and information pertaining to the procedures for filing for a variance. The applicant must provide the city clerk with a copy of the letter and the certified mail receipts prior to the first public hearing.

(6)

The application shall be mailed to the board of adjustment with notification of the public hearing. Any such hearing may, for good cause, at the request of the applicant or in the discretion of the board of adjustment, be continued. At least 15 days' notice of the time and place of such hearing shall be published in a newspaper of general circulation within the city.

(7)

At its next scheduled meeting, the board of adjustment shall consider and vote on whether to grant the variance.

(Prior Code, § 42.1810; Ord. No. 2671, § 1(42.1810), 5-24-2018)