The Building Inspector or his/her duly authorized representative shall have the power to enforce the provisions of this Chapter. No building or other structure shall be erected, constructed, reconstructed or moved, nor shall it be altered without first obtaining a building permit from the Building Inspector to be issued in accordance with the terms of this Chapter. The Building Inspector is further empowered to word in writing the remedying of any condition found to exist therein or thereafter in violation of any provision of the regulations enumerated in this Chapter.

Applications for building permits shall be filed with the Building Inspector upon forms prescribed, setting forth, among other things, the legal description of the lot, tract or parcel of land, together with a general description of the building or structure to be constructed, erected or altered thereon including the approximate size and shape, location of the building or structure upon the lot, tract or parcel and the intended use.

No such permit shall be issued for any building, structure or construction unless the same be in conformity in every respect with all the provisions of this Zoning Code.

The Building Inspector shall be empowered to act within the provisions of this Chapter upon all applications for building permits, and the same shall be approved or denied not later than the fifth (5th) business day succeeding the day of filing. In the event of refusal to issue a permit upon application, as herein provided, the applicant may perfect an appeal to the Board of Adjustment as provided in Section 405.270.

There shall be a separate permit for each building or structure to be constructed, erected or altered, except accessory buildings and appurtenances which may be included in the permit for the main building when construction is simultaneous.

A permit may be revoked by the Building Inspector at any time prior to the completion of the building or structure for which the same was issued when it shall appear that there is departure from the plans, specification or conditions as required under the terms of the permit, that the same was procured by false representation or was issued by mistake, or that any of the provisions of the Zoning Code are being violated. Upon the failure, refusal or neglect of any owner, his/her agent, contractor or duly authorized representative to secure such permit and pay the prescribed fee therefor, as herein provided, the Building Inspector may issue a stop order, provided however, twenty-four (24) hours' written notice of such revocation or order to stop shall be served upon the owner, his/her agent, or contractor, or upon any person employed upon the building or structure for which such permit was issued, and thereafter no such construction shall proceed.

The Building Inspector or other competent person designated by him/her as his/her agent shall have the right to enter into any building or structure in the discharge of his/her official duties; and for that purpose, he/she shall be given prompt access to all buildings or structures, public and private, on application to the company or individual owning or having charge or control thereof. Any person who denies access to the Building Inspector or his/her agent shall be in violation of the terms of the application for building permit, and said permit may be revoked at the discretion of the Building Inspector, subject to appeal before the City Council.

The Board of Adjustment may, during a period of one (1) year from the date of the adoption of this Chapter, and after public hearing, order the Building Inspector to issue a building permit for the erection, construction, reconstruction or alteration of a building or structure, which building or structure cannot reasonably comply with one (1) or more of the provisions of this Chapter, provided:

A Board of Adjustment is hereby established in accordance with the provisions of Chapter 89, RSMo., regarding the zoning of Cities. The word "Board", when used in this Chapter, shall be construed to mean Board of Adjustment.

The Board shall consist of five (5) residents appointed by the Mayor and approved by the City Council, along with three (3) alternate members to serve in the absence of or the disqualification of the regular members. The term of the office of the members of the Board shall be for five (5) years, excepting that five (5) members first (1st) appointed shall serve respectively for terms of one (1) year; two (2) years; three (3) years; four (4) years; and five (5) years; thereafter members shall be appointed for terms of five (5) years each. The members shall elect their own Chairman and Secretary, who shall serve for one (1) year. Vacancies shall be filled for the unexpired term only. Members may be removed for cause by the Mayor and the City Council upon written charges and after public hearing. The Board shall adopt rules of procedure 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. Such 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 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. All testimony, objections thereto, and rulings thereon shall be taken down by a reporter employed by the Board for that purpose. The presence of three (3) members of the Board shall constitute a quorum for the transaction of business; provided, however, that the concurring vote of four (4) members of the Board shall be necessary to effect a ruling in favor of an appellant.

Appeals. Appeals to the Board of Adjustment may be taken by any person aggrieved or by any office, department, or board of the City of Neosho affected by any decision of the Building Inspector. Such appeal shall be taken within thirty (30) days by filing with the officer from whom the appeal is taken, and with the Board of Adjustment, a notice of appeal in writing specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.

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, 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 cases proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by the Circuit Court, on application or notice to said officer and on due cause shown.

The Board of Adjustment shall fix a reasonable time for the hearing of the appeal and give public notice thereof by publication one (1) time in a local newspaper of general circulation not less than five (5) nor more than fifteen (15) days prior to said hearing, as well as due notice to the parties in interest. Upon the hearing, any party may appear in person or by agent or by attorney.

The Board shall render its decision within thirty (30) days of such hearing. The appellant and the officer appealed from shall be notified in writing of the decision of the Board.

The Board of Adjustment shall render decisions only on appeals from an action of the Building Inspector. The Board shall render a decision only when it has determined that a permit has been incorrectly issued or denied, or when it has determined that the ordinance has been incorrectly interpreted, or when the appellant proves undue and unnecessary hardship due to a provision or provisions herein contained as applied to a specific lot or tract. In case an unnecessary or undue hardship, due to peculiar characteristics of a specific lot or tract, is proven, the Board may issue a variance, signed by the Chairman, and setting out any conditions to be met. A copy of the variance shall be sent to the Building Inspector who shall issue a building permit setting out the terms of the variance. In no case shall the Board of Adjustment issue a variance or an order permitting a use to be placed in a district in which it is not permitted in this Chapter, except as provided in Section 405.260. In no case shall the Board decide an appeal from an action of the City Council. The concurring vote of four (4) members of the Board shall be necessary to effect a decision. In all cases the spirit and intent of this Chapter shall be observed, public safety and welfare secured, and substantial justice done.

In exercising the above-mentioned powers, the Board may, in conformity with the provisions of this Chapter, 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.

Any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment, or any officer, department, board, or bureau of the City of Neosho 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 thirty (30) days after the filing of the decision in the office of the Board and thereafter proceedings shall be had thereon as provided by Section 89.110, RSMo., and amendments thereto.

Subsequent to the effective date of this Chapter, no change in the character of use or in the occupancy classification of land or of a building shall be made, nor shall any new building be occupied, until a certificate of occupancy has been issued by the Building Inspector. Every certificate of occupancy shall state that the new occupancy complies with all provisions of this Chapter.

No permit for excavation for, or the erection or alteration of, any building shall be issued before the application has been made and approved for a certificate of occupancy and compliance, and no building or premises shall be occupied until such certificate and permit is issued.

A certificate of occupancy shall be required of all lawful non-conforming uses of land or buildings erected at the time of passage of this Chapter. Application for such certificates of occupancy for non-conforming uses shall be filed with the Building Inspector by the owner or lessee of the land or building occupied by such non-conforming use within two (2) years from the effective date of this Chapter.

It shall be the duty of the Building Inspector to issue a certificate of occupancy for a lawful non-conforming use, but failure to apply for such certificate of occupancy for non-conforming use or failure of the Building Inspector to issue such certificate of occupancy for non-conforming use shall be considered evidence that such non-conforming use did not lawfully exist at the effective date of this Chapter.

A record of all certificates of occupancy shall be kept on file in the office of the Building Inspector, and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or building affected by such certificate of occupancy.

Applications for amendment, revision or change of the Zoning District Map of Neosho may be made by any person, or his/her agent, who owns the land sought to be rezoned. If such application is made by the owner's agent, said 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 Planning and Zoning Commission and duly filed with the City Clerk.

Applications for amendment, revision or change of any of the rules, regulations or provisions of the text of the Zoning Code of Neosho, other than the Zoning District Map, or application for a special use permit, or application for vacation of streets and alleys, may be made by any interested person on forms prescribed by the Planning and Zoning Commission and duly filed with the City Clerk.

A fee of fifty dollars ($50.00), plus such sum as may be expended for publication and notice as hereinafter provided, shall accompany each application for an amendment or special use permit or application for vacation of streets and alleys. Immediately upon receipt of such application, the City Clerk shall note thereon the date of filing and make a permanent record thereof.

Notice of time and place of such hearing shall be published at least once in a newspaper of local distribution not less than fifteen (15) days before such hearing in a format to provide sufficient notice as to the purpose of said hearing to give reasonable notice to all interested and/or affected person(s). Supplemental or additional notices may be published or distributed as the Planning and Zoning Commission and/or City Council may prescribe from time to time.

Upon the final hearing of such application the Planning and Zoning Commission shall approve or deny the same and a report of such action, together with a recommendation for final approval or denial shall be made by the Commission to the City Council. Where the purpose and effect of the proposed amendment is to change the zoning classification of a particular property the Planning and Zoning Commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:

Before acting upon any application for amendment or special use permit, the City Council shall set a time and place for a hearing thereon, notice of which hearing shall be published at least one (1) time in a newspaper of general circulation in the City of Neosho, not less than fifteen (15) days prior to the date of such hearing.

Recommendations for revision, or amendment of this Chapter, including the Zoning District Map, may also be made by Planning and Zoning Commission upon its own motion, for final determination by the City Council; likewise the City Council 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 Planning and Zoning Commission for recommendation and report. In either case final action thereon shall be taken only upon notice and hearing, as provided herein.

In case of a protest against a change in regulations, restrictions or boundaries is duly signed and acknowledged by owners of thirty percent (30%) 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 one hundred eighty-five (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 two-thirds (2/3) of all the members of the City Council. Provided further that as to the vacation or abandonment of streets, such vacation or abandonment shall not become effective except by favorable vote of two-thirds (2/3) of all members of the City Council, unless a consent of the persons owning two-thirds (2/3) of the property immediately adjoining thereto be obtained therefor in writing, which consent shall be acknowledged by the City Clerk and filed for record in the office of the City Clerk in said City.

A signature of an owner is deemed acknowledged only if it is signed before a notary public or before the City Clerk.

A signature by one (1) owner of a tenancy by the entirety is insufficient and void.

In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of this Chapter, the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business or use in or about such premises. Such regulations shall be enforced by the Building Inspector, who is empowered to cause any building, structure, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of the regulations enumerated herein.

The owner or general agent of a building or premises in or upon which a violation of any provision of this Chapter has been committed or shall exist; or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist; or the owner, general agent, lessee or tenant of any part of the building or premises in or upon which such violation has been committed or shall exist; or the general agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which such violation shall exist shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00) for each and every day that such violation continues, but if the offense be willful, on conviction thereof the punishment shall be a fine of not less than one hundred dollars ($100.00) nor more than two hundred fifty dollars ($250.00) for each and every day that such violation shall continue, or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment in the discretion of the court. Any such person who, having been served with an order to remove any such violation, shall fail to comply with said order within ten (10) days after such service, or shall continue to violate any provision of these regulations in the respect named in such order, shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).