Monett City Zoning Code
ARTICLE VII
Administration and Enforcement
Section 400.200 Notice of Proposed Construction, Moving of Building or Structural Changes - Appointment of Zoning Inspector - Inspections and Permits.
[R.O. 2012 §400.200; CC 1979 §32-21; Ord. No. A-1867 §16, 2-22-1984]
A.
In order to facilitate enforcement of the provisions of this Chapter, notice of any proposed new construction, moving a building or structural changes which will result in extension of the exterior walls of any structure shall be given the City Clerk on forms supplied by the City Clerk, in the form designated by the City Council. This form shall be designed so as to furnish information which will indicate compliance or non-compliance with this Chapter and shall include a rough plot plan indicating distances from the boundary lines. Such notice shall be given not less than ten (10) days prior to the start of such construction or movement.
B.
The City Council shall appoint a Zoning Inspector, who shall be furnished a copy of such notice and who shall make an inspection of the property to ascertain that the proposed construction or movement will not violate provisions of this Chapter and issue a permit to the owner of the property if he/she finds that such construction or movement will not violate this Chapter. Such initial inspection shall be made not more than ten (10) days after receipt of such notice by the City Clerk, and a copy of the permit issued shall be forwarded to the Board of Adjustment within twenty-four (24) hours after it is issued.
C.
No new construction or structural changes shall be commenced, and no building shall be moved, until the permit required by this Section has been issued.
D.
The Zoning Inspector shall also inspect the property subsequent to completion of construction or movement and report compliance or non-compliance to the Board of Adjustment not more than thirty (30) days after such completion of construction or movement.
E.
The City Clerk shall furnish to the Board of Adjustment a copy of all original notices of construction, movement or structural changes at the next regular meeting of that body after any such notice has been made.
F.
The City Council shall establish such inspection fees as it deems necessary to cover the cost of the inspection.
Section 400.210 Amendments, Modifications, Etc., of Chapter or District Boundaries - Generally.
[R.O. 2012 §400.210; CC 1979 §32-22; Ord. No. A-1867 §17, 2-22-1984]
The City Council may, from time to time, on its own motion or on petition, after public notice, hold hearings on, as provided in this Article and may amend, supplement, change, modify or repeal the classifications, regulations and restrictions as established in this Article, and may change, restrict or extend the boundaries of the various districts established herein. Before taking any action upon any proposed amendment, modifications, change, restriction or extension, the same shall be referred by the Council to the Zoning and Planning Commission for report and recommendation.
Section 400.220 Amendments - Protest By Property Owners.
[R.O. 2012 §400.220; CC 1979 §32-23; Ord. No. A-1867 §18, 2-22-1984]
If a protest against any such amendment, change, modification, repeal, restriction or extension as provided in Section 400.210 shall be presented, duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the land exclusive of streets and alleys, included in such proposed change, or within an area determined by lines drawn parallel to and one hundred eighty- five (185) feet distant from the boundaries of the district proposed to be changed, such amendment shall not be passed, except by two-thirds (2/3) vote of the Council.
Section 400.230 Amendments - Public Hearing - Notice of Hearing.
[R.O. 2012 §400.230; CC 1979 §32-24; Ord. No. A-1867 §19, 2-22-1984]
No action on an amendment, change, modification or repeal shall be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days notice of the time and place of such hearing shall be published in an official paper or a paper of general circulation in the City.
Section 400.240 Powers and Duties Generally of Zoning Inspector.
[R.O. 2012 §400.240; CC 1979 §32-25; Ord. No. A-1867 §20, 2-22-1984]
It shall be the duty of the Zoning Inspector to enforce the provisions of this Chapter, and he/she is hereby authorized and instructed to arrest, prosecute or bring any proceedings in a proper Court in the name of the City against any person violating any of the terms of this Chapter. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this Chapter, the Zoning Inspector is hereby authorized and directed to institute any appropriate action or proceedings to prevent such unlawful erection, maintenance, construction, reconstruction, alteration, repair, conversion or use, to restrain, correct or abate such violation and to prevent any illegal act, conduct or use on or about such premises.
Section 400.250 Board of Adjustment. [1]
[R.O. 2012 §400.250; CC 1979 §32-26; Ord. No. A-1867 §21, 2-22-1984]
A.
Established. A Board of Adjustment is hereby established in accordance with the provisions of State law regarding the zoning of cities. The word "Board", when used in this Chapter, shall be construed to mean the Board of Adjustment.
B.
Composition — Terms — Removal Of Members — Vacancies — Election Of Chairman — Appointment To Board Of Members Of Zoning And Planning Commission. The Board shall consist of five (5) members, who shall be residents, to be appointed by the City Council, not more than two (2) of whom shall reside in any one City Ward. Membership of the first (1st) Board appointed shall serve, respectively, one (1) for one (1) year; one (1) for two (2) years; one (1) for three (3) years; one (1) for four (4) years; and one (1) for five (5) years; thereafter, members shall be appointed for terms of five (5) years each. Members shall be removable for cause, upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The Board shall elect its own Chairman, who shall serve for one (1) year. Members of the Zoning and Planning Commission may also be appointed and serve on the Board of Adjustment.
C.
Rules — Meetings — Chairman To Administer Oaths, Etc. — Minutes And Records — Quorum. The Board shall adopt rules in accordance with the provisions of this Chapter. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman or in his/her absence,, the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep the 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 City Clerk and shall be a public record. The presence of four (4) members shall be necessary to constitute a quorum.
D.
Appeals — Generally. Appeals to the Board may be taken by any person, any neighborhood organization as defined in Section 32.105, RSMo., representing such person, aggrieved by any decision of the Zoning Inspector or any Administrator Officer of the City. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the Zoning Inspector or Administrator Officer from whom the appeal is taken, and with the Board, a notice of the appeal, specifying the grounds thereof. The Zoning Inspector or Administrator Officer from whom the appeal was taken shall forthwith transmit to the Board all the papers constituting the records upon which the action appealed from was taken. Service of such notices, papers and records shall be constituted by depositing the same with the City Clerk.
E.
Appeals — Stay Of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board, after the notice of appeal shall have been filed with him/her, that by reason of facts stated in the certificate, a stay would, in his/her opinion, cause imminent 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 or by a Court of Record on application and notice to the officer from whom the appeal is taken and on due cause shown.
F.
Appeals — Notices — Hearing. The Board shall give not less than five (5) days public notice for the hearing of the appeal, as well as notice to the parties in interest, and thereafter decide the same within a reasonable time. Upon the hearing, any party may appear, in person, by agent or by attorney. In addition to the notice provided in this Section, the Board shall cause a notice to be posted upon the premises which are the subject of the appeal, the substance of which shall be that a hearing is to be held before the Board of Adjustment on a date specified concerning such premises, and directing all persons interested therein to appear before the Board and make their objections, if any, known.
G.
Powers Generally. The Board shall have the following powers:
1.
To hear and decide appeals, where it is alleged there is error in an order, requirement, decision or determination made by an administrative official in the enforcement of this Chapter.
2.
To hear and decide all matters referred to it or upon which such Board is required to pass under this Chapter.
3.
In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of such ordinance, to vary or modify the application of any of the regulations or provisions of such ordinance relating to the construction or alteration of buildings or structures or the use of land so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done.
4.
To determine, in cases of uncertainty, the classification of any use not specifically enumerated in this Chapter.
Section 400.260 Appeals To Circuit Court.
[R.O. 2012 §400.260; CC 1979 §32-27; Ord. No. A-1867 §22, 2-22-1984]
Any person aggrieved by any decision of the Board of Adjustment, any neighborhood organization as defined in Section 32.105, RSMo., representing such person, or any Officer, Department, Board or Bureau, may present to the Circuit Court of Barry or Lawrence County a petition, duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the Court within thirty (30) days after the filing of the decision in the office of the Board or the City Clerk. Upon the presentation of such petition, the Court may allow a writ of certiorari directed to the Board, to review such decision of the Board, and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten (10) days and may be extended by the Court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the Court may, on application, on notice to the Board and on due cause shown, grant a restraining order. The Board shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof, or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. If, upon hearing, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take additional evidence as it may direct or appoint a referee to take such evidence as it may direct and report the same to the Court with his/her findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the Court shall be made. The Court may reverse or affirm, wholly or partially, or may modify the decision brought up for review. Costs shall not be allowed against the Board, unless it shall appear to the Court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from.
Section 400.270 Persons Petitioning Zoning and Planning Commission or Board of Adjustment To Pay For Publication of Notice of Public Hearing. [1]
[R.O. 2012 §400.270; CC 1979 §2-2; Ord. No. A-1899 §§1 — 3, 3-9-1962; Ord. No. A-7098, 10-26-2001; Ord. No. 7593 §1, 8-22-2005]
A.
Any person petitioning the Zoning and Planning Commission for an alteration, change or amendment in Chapter 400 of this Code or other zoning regulations of the City, and any person petitioning the Board of Adjustment for a decision of such Board, as provided and required in this Code or other ordinances of the City, shall pay the cost of the required publication of notice of the public hearing to be held by the Zoning and Planning Commission or Board of Adjustment.
B.
Any person petitioning the Zoning and Planning Commission or Board of Adjustment shall, before publication of such notice, deposit with the City's Collection Clerk a sum estimated by the City to be sufficient to pay the cost of such publication. Such deposit shall be applied upon the cost of such publication and the balance, if any, refunded to the depositor thereof. In the event such deposit is not sufficient to pay such cost, such petitioner shall, upon demand, pay the balance thereof to the City.
C.
The person requesting variances, modifications, exemptions or other changes to this Chapter shall pay all publication costs, notification costs and other costs incurred by the City of Monett.