The purpose of these regulations is to establish a relationship within zoning districts between buildings, structures and land uses and to set the criteria for regulating building construction types and uses. Further, the purpose of these regulations is to:

(1)

Maintain district integrity and preserve the existing character of the district by requiring comparable building construction and building design (main or accessory) for their intended specific use within an established district; and

(2)

Maintain districts with compatible land uses for their intended specific use within an established district; and

(3)

Provide residents the opportunity to use their property to enhance or fulfill personal objectives as long as the use of the property is not incompatible with like buildings, land use or character of the neighborhood.

(Ord. No. 4476, § 1, 6-14-2021)

It shall be the duty of the administering officer to enforce this division. The administering officer shall receive applications required by this division, issue permits and furnish prescribed certificates. He shall examine premises for which permits have been issued, and shall make necessary inspections to see that applicable 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 city manager or when the interests of the city so require, make investigations in connection with matters referred to in this division and render written reports thereon. For the purpose of enforcing compliance with this division or state or federal law, he shall issue such notices or orders as may be necessary.

(Code 1969, § 46-6; Code 1988, § 15-31)

Inspections shall be made by the administering officer or a duly appointed assistant.

(Code 1969, § 46-7; Code 1988, § 15-32)

For carrying into effect the provisions of this division, the administering officer may adopt such rules consistent therewith as may be necessary.

(Code 1969, § 46-8; Code 1988, § 15-33)

(a)

The administering officer shall keep careful and comprehensive records of applications received, permits and certificates issued, inspections made, reports rendered, and notices and 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 may be in existence.

(b)

All such records shall be open to public inspection at reasonable hours, but shall not be removed from city offices.

(Code 1969, § 46-9; Code 1988, § 15-34)

A zoning board of adjustment is hereby established, consisting of five members who are residents of the city.

(Code 1969, § 46-10; Code 1988, § 15-46)

Members of the zoning board of adjustment shall be appointed by the city manager for a term of five years and until their successors are duly appointed and take office. To provide staggered terms of office, one member shall be appointed each year in the month of June. Vacancies shall be filled for the unexpired term only.

(Code 1969, § 46-11; Code 1988, § 15-47)

Members of the board of adjustment shall be removed from office by the city manager for cause, upon written charges after public hearing. The accused member shall have the right to appear at such public hearing in person or by counsel, or both, and shall be permitted to present evidence and witnesses in his behalf.

(Code 1969, § 46-12; Code 1988, § 15-48)

In the month of June of each year the city manager shall appoint a resident freeholder of the city to be an alternate member of the zoning board of adjustment, to serve for a term of two years and until his successor is duly appointed and takes office. Vacancies shall be filled for the unexpired term only.

(Code 1969, § 46-13; Code 1988, § 15-49)

(a)

Alternate members of the zoning board of adjustment shall be entitled to attend meetings of the board, and when one member thereof is absent, the senior alternate member present shall take the place of such absent member and shall be counted for the purpose of determining whether a quorum is present and shall have all the rights and privileges of the absent member, including the right to vote on any question before the board. When more than one member of the zoning board of adjustment is absent, such alternate members shall take the places of two of the absent members and shall be counted for the purpose of determining whether a quorum is present and shall have all the rights and privileges of two of the absent members, including the right to vote on any question before the board.

(b)

For the purposes of this section, alternate members shall take rank in the order of their respective continuous length of service as such alternate members, the one having the greater length of continuous service being senior to the other.

(Code 1969, § 46-14; Code 1988, § 15-50)

Alternate members of the zoning board of adjustment shall be removed by the city manager for cause, upon written charges after public hearing. The accused alternate member shall have the right to appear at such public hearing in person or by counsel, or both, and shall be permitted to present evidence and witnesses in his behalf.

(Code 1969, § 46-15; Code 1988, § 15-51)

The zoning board of adjustment shall elect its own chairperson and vice-chairperson who shall serve for one year. The board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this division.

(Code 1969, § 46-16; Code 1988, § 15-52)

Meetings of the zoning board of adjustment shall be held at the call of the chairperson and at such other times as the board may determine. The chairperson, or in his absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

(Code 1969, § 46-17; Code 1988, § 15-53)

Appeals to the zoning board of adjustment on any matter over which the board is by this division specifically granted jurisdiction 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 a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the zoning board of adjustment a notice of appeal specifying the grounds thereof and a processing fee, as provided in the city fee schedule, has been paid. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from is taken.

(Code 1969, § 46-18; Code 1988, § 15-54)

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

(Code 1969, § 46-19; Code 1988, § 15-55)

The zoning board of adjustment shall fix a reasonable time for the hearing of each appeal, giving not less than 15 days' notice thereof by publication once a week for two consecutive weeks, on the same day in each week, in the official newspaper, as well as due notice to the parties in interest; and the zoning board of adjustment shall decide each appeal within a reasonable time. Upon the hearing of an appeal, any party may appear in person or by agent or by attorney. All property owners within 300 feet of the property affected by a rezoning request shall receive notification of the requested rezoning.

(Code 1969, § 46-20; Code 1988, § 15-56)

(a)

The zoning 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 an administrative official in the enforcement of state zoning statutes or of this division;

(2)

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

(3)

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

(b)

In exercising the above-mentioned powers such board may, in conformity with the provisions of RSMo 89.010 to 89.140, 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 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 under this division or to affect any variation in this division.

(c)

In considering all appeals under this division the zoning board of adjustment shall, before making any finding in a specific case, first determine that the proposed change will not constitute a change in the district map and will not impair an adequate supply of light and air to adjacent property, or increase congestion in public streets, or increase the danger of fire, or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals and welfare of the city.

(Code 1969, §§ 46-21—46-25; Code 1988, § 15-57)

Every change granted or denied by the zoning board of adjustment shall be accompanied by a written finding of fact, specifying the reason for granting or denying the change. The decision of the board shall be made a part of any building permit in which a variation is allowed.

(Code 1969, § 46-26; Code 1988, § 15-58)

Any person jointly or severally aggrieved by any decision of the zoning board of adjustment, or any officer, department, board or bureau of the city relative to this division, may present to the county circuit court a petition, duly verified, stating that such decision is illegal in whole or in part, specifying the grounds of the illegality and asking for relief therefrom. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the zoning board of adjustment.

(Code 1969, § 46-27; Code 1988, § 15-59)