(a)

The city council, on its own motion or by petition of a property owner or their agent, may amend, supplement, change, modify or repeal the regulations in this chapter or the boundaries of zoning districts herein or subsequently established.

(b)

Before any action shall be taken as provided in this section, the party proposing or recommending a change in the district regulations or district boundaries shall deposit with the code administration the amount stated on the fee schedule that is approved annually by city council, to cover the approximate cost of this procedure and under no condition shall the sum or any part thereof be refunded for failure of the change to be adopted by the council.

(c)

The commission shall consider motions or petitions at its next regular meeting and shall submit a written report to the city council stating the zoning and planning commission's approval or disapproval of the amendment.

(d)

A public hearing shall be held before the city council at which time the report of the zoning and planning commission shall be read and reviewed. The city council shall approve or disapprove the petition or motion for amendment to the ordinance at the public hearing.

(e)

Notice of the time, place and purpose of the public hearing shall be published in a newspaper of general circulation in the city at least 15 days before such public hearing.

(f)

The owners of 30 percent or more, either of the land (exclusive of streets and alleys) included within the proposed change or within an area determined by lines drawn parallel to and 185 feet distant from the boundaries of the area proposed to be changed, shall have the right to protest the proposed change to the ordinance. The protest shall be duly signed and acknowledged by the owners.

(g)

If the zoning and planning commission shall recommend approval of the proposed change and no protest is filed as provided in subsection (f) of this section, the city council may approve the proposed change by the vote of a majority of all of the members of the city council.

(h)

If the zoning and planning commission shall recommend approval of the proposed change and a protest is filed as provided in subsection (f) of this section, the city council may approve the proposed change only by the vote of two-thirds of all of the members of the city council.

(i)

If the zoning and planning commission shall recommend approval of the proposed change and no protest is filed as provided in subsection (f) of this section, the city council may disapprove the proposed change by the vote of two-thirds of all of the members of the city council.

(j)

If the zoning and planning commission shall recommend disapproval of the proposed change, whether or not a protest is filed as provided in subsection (f) of this section, the city council may approve the proposed change only by the vote of two-thirds of all of the members of the city council.

(Ord. No. 6886, § 1, 2-26-2024)

(a)

Duties. It shall be the duty of the code administrator to enforce this chapter. The code administrator shall receive applications required by this chapter, issue permits and furnish the prescribed certificates. 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 requested by the mayor or council, or when the interests of the municipality so require, make investigations in connection with matters referred to in this chapter and render written reports on the same. For the purpose of enforcing compliance with law, he shall issue such notices or orders as may be necessary. The code administrator shall refer all applications that require a conditional use all districts to the zoning and planning commission for its approval or disapproval of the site design of the construction proposed.

(b)

Inspections. Inspections shall be made by the code administrator or a duly appointed assistant.

(c)

Rules. For carrying into effect its provisions, the code administrator may adopt rules consistent with this chapter.

(d)

Records. The code administrator shall keep careful and comprehensive records of applications, of permits issued, of certificates issued, of inspection made, of reports rendered, and of notices or orders issued. He shall retain on file copies of all papers in connection with building work so long as any part of the building or structure to which they relate may be in existence. All such records shall be open to public inspection at reasonable hours but shall not be removed from the office of the code administrator.

(e)

Cooperation of other officials. The code administrator may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the engineer in fixing grades, of the police chief in enforcing orders, of the attorney in prosecuting violations, and of other officials.

(f)

Instituting prosecutions for violations. The building inspector shall institute prosecution for violations of this chapter by preparing an information of such violation to be filed in the municipal court of the city by both the building inspector and the city attorney.

(Ord. No. 6886, § 1, 2-26-2024)

(a)

Authority. The board of adjustment shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of sections under the provisions of this Code and to hear and decide all matters referred to it or upon which it is required to pass under this chapter.

(b)

Variations and modifications. In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this chapter, the board may 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 the chapter shall be observed, public safety and welfare secured and substantial justice done.

(c)

Remedies on appeal. 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 powers of the administrative official the appeal is taken.

(d)

Vote required. 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, or to decide in favor of the applicant on any matter before this board.

(e)

Time for bringing appeal; notice. Appeals to the board of adjustments shall be taken within 20 days from the action appealed from. A notice of appeal must be filed, within the 20-day period, with the board, with a copy delivered to the officer whose decision or action is to be appealed and such notice shall specify the action appealed and the grounds thereof.

(f)

Transmittal of record; stay of proceedings. The officer whose decision or action is to be appealed shall forthwith transmit to the board all papers constituting the record upon which the decision or action appealed from is based. An appeal stays all proceedings in furtherance of the decision or action appealed from.

(g)

Hearing notice and procedure. The board shall fix a reasonable time for the hearing of the appeal, not less than ten nor more than 30 days from the filing of the notice of appeal. Notice of the date, time and place of the hearing shall be given the officer whose decision or action is appealed and to the aggrieved person not less than ten days before such hearing. The hearing may be continued by the board for good cause or upon the agreement of the officer whose decision or action is appealed and the aggrieved person. After the hearing, the board shall render its decision within a reasonable time. The board may make rulings regarding or limiting the production of evidence at the hearing of such appeals.

(h)

Notice of final board decision. Notice of the decisions of the board may be given by ordinary mail or served in person to the officer whose decision or action was appealed and to either the aggrieved person or to the attorney of record for the aggrieved person.

(i)

Appeal of board decision. Appeal from decisions of the board may be taken to the circuit court of appropriate jurisdiction as provided by RSMo ch. 536.

(Ord. No. 6886, § 1, 2-26-2024)

(a)

Authority of zoning and planning commission. The city zoning and planning commission shall have full power and authority to approve or disapprove the petition for a conditional use permit. The commission may also amend the conditions under which the petitioner may establish the conditional use if the use is approved by the zoning and planning commission.

(b)

Filing petition for permit; fee. All petitions applying for a conditional use permit shall be filed with the zoning and planning commission for hearing and determination. Before any action shall be taken as provided in this section, the party or parties requesting a conditional use permit shall deposit with code administration the amount stated on the fee schedule that is approved annually by the city council, the approximate cost of this procedure and under no condition shall the sum or any part thereof be refunded for failure of the charge to be adopted by the council.

(c)

Notice of hearing before commission. Upon receipt of the petition for conditional use permit, the zoning and planning commission shall fix a reasonable time for the hearing on the petition, not less than ten nor more than 30 days from the filing of the petition. Notice of the date, time and place of the hearing shall be given to the petitioner not less than ten days before such hearing. The commission shall cause notice of the date, time, place and general purpose of the hearing to be mailed by ordinary mail to the owners of the land within an area determined by lines drawn parallel to and 185 feet distant from the boundaries of the area proposed to receive the conditional use permit and the zoning and planning commission shall give such other public notice as is required by law.

(d)

Conduct of hearing; final decision. The hearing may be continued by the zoning and planning commission for good cause or upon the agreement of the petitioner and the zoning and planning commission. The commission may make rulings regarding or limiting the production of evidence at the hearing. The commission shall render its decision at the hearing.

(e)

Review standards and criteria. In reviewing conditional use applications, the zoning and planning commission shall determine, in its judgment, that:

(1)

The establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

(2)

The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish and impair property values within the neighborhood.

(3)

The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

(4)

Adequate utilities, access roads, drainage, or other necessary facilities will be provided.

(5)

Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

(6)

The conditional use shall in all other respects conform to the applicable regulations of the district in which it is located, and the zoning and planning commission shall find that there is a public necessity for the conditional use.

(f)

Approval of permit; appeal to city council by the petitioner or property owner within 185 feet of the property from which the conditional use was requested. If the zoning and planning commission shall approve the application for the conditional use permit, its decision shall be final unless a written objection to the decision is filed with the city council not later than 14 days after the hearing date seeking a review of the zoning and planning commission's decision and the council may thereafter uphold the decision of the zoning and planning commission or deny the conditional use permit by a vote of two-thirds of all the members of the city council.

(g)

Denial of permit; appeal to city council by the petitioner or property owner within 185 feet of the property from which the conditional use was requested. If the zoning and planning commission shall disapprove the application for the conditional use permit, its decision shall be final unless a written objection to the decision is filed with the city council not later than 14 days after the hearing date seeking a review of the zoning and planning commission's decision and the city council may thereafter uphold the decision of the zoning and planning commission or approve the conditional use permit by vote of three-fourths of all members of the city council.

(h)

Notice of proceedings before city council. Notice of the date, time, place and general purpose of the determination before the city council shall be sent by ordinary mail in either case to those persons to whom notice must be sent as provided for in subsection (c) of this section.

(i)

City council determination is final action. The determination of the city council either approving or disapproving the conditional use permit, shall be a final decision as provided in RSMo ch. 536.

(j)

Expiration or lapse of conditional use. If a conditional use is not established in one year of the date the conditional use permit is granted, or if a conditional use once established is terminated and not resumed or if the owner of the property vacates then the conditional use will expire. The city administrator or the code administrator may approve an extension of the conditional use to the new owner if the conditional use does not change.

(k)

Records of proceeding to be public. The decision of the zoning and planning commission together with the record of each member's vote or abstinence if not voting, shall be open to the public.

(Ord. No. 6886, § 1, 2-26-2024)

(a)

Any owner, general agent, lessee, tenant, architect, building contractor, subcontractor or any other person who violates any of the provisions of this chapter or who takes part in or assists in any way in such violation or who maintains any structure or premises in which or on which any violation shall exist shall, upon conviction thereof, be fined not exceeding $500.00 for each offense and a further sum not exceeding $50.00 for each and every day such violation or failure in compliance is committed or permitted to continue, or such person shall be jailed in the county jail for a period not exceeding 30 days, or by both such fine and jail term.

(b)

Any person who shall interfere with, hinder or refuse to allow the building inspector or other city official or employee to enter upon any property or take any other action for the purpose of enforcement of this chapter, upon conviction thereof, shall be fined not exceeding $500.00 for each offense, or such person shall be jailed in the county jail for a period not exceeding 30 days, or by both such fine and jail term.

(c)

As an additional remedy, the continued violation of this chapter by any person shall be subject to abatement by a temporary injunction or a permanent injunction by a court of competent jurisdiction. Any such action shall be prosecuted in the name of the city.

(Ord. No. 6886, § 1, 2-26-2024)