Any person found in violation of this chapter shall be guilty of a misdemeanor, punishable by a fine of not more than $200.00 for the first violation, $275.00 for the second violation within a 12-month period, $350.00 for the third violation within a 12-month period and $450.00 for the fourth and any subsequent violation within a 12-month period. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

(Ord. No. 2926, § 2(8.507), 1-9-2016)

State Law reference— Maximum combined court costs and penalties for municipal ordinance violations, RSMo 479.353.

The city has established within and for the city a board of adjustment with the powers and duties as hereinafter set forth.

(Ord. No. 2429, § 1(8.600), 11-13-2000)

(a)

The board of adjustment shall be composed of five members who shall be residents of the city except as provided in RSMo 305.410, each appointed by the mayor with the approval of the board of aldermen for a term of five years; provided, however, that for the first appointment under the provisions of this division one member shall be appointed for a term of one year; one member shall be appointed for a term of two years; one member shall be appointed for a term of three years; one member shall be appointed for a term of four years; and one member shall be appointed for a term of five years. Appointments thereafter shall be for a term of five years.

(b)

Three alternate members may be appointed to service in the absence of or the disqualification of the regular members.

(c)

Members of the board of aldermen, city planning and zoning commission, city employees, city attorney, building inspector or other city officials shall not be appointed to the board of adjustment.

(d)

All members and alternates shall be removable for cause by the appointing authority upon written charges and after public hearing.

(e)

Vacancies shall be filled by the appointing authority for the unexpired term of any member whose office becomes vacant.

(f)

The board shall elect its own chairperson who shall serve for one year.

(Ord. No. 2429, § 1(8.601), 11-13-2000)

State Law reference— Similar provisions, RSMo 89.080.

(a)

The board of adjustment shall adopt rules of procedure in accordance with the provisions of this division and state law governing their operation.

(b)

Meetings of the board of adjustment shall be held at the call of the chairperson and at such other times as the board of adjustment may determine. Such 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.

(c)

The board of adjustment 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 of adjustment and shall be public record. All testimony, objections thereto and rulings thereon, shall be taken down by a recorder and employed by the board of adjustment for that purpose.

(Ord. No. 2429, § 1(8.602), 11-13-2000)

State Law reference— Similar provisions, RSMo 89.080.

(a)

The board of adjustment shall have the following powers:

(1)

Powers relative to interpretations. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the building inspector or any other administrative official in the interpretation and enforcement of this chapter.

(2)

Powers relative to special exceptions. To hear and decide, upon appeal, applications for a special exception to the terms of this chapter under the following circumstances and conditions:

a.

To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown of record.

b.

To interpret the provisions of this chapter where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which the map is on file in the office of the zoning administrator.

(3)

Powers relative to variances. Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the original adoption of the ordinance from which this chapter is derived or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, which condition is not generally prevalent in the area, the strict application of this chapter would result in peculiar and exceptional practical difficulties to or exceptional undue hardship upon the owner of such property, the board of adjustment is empowered to authorize upon an appeal in specific cases a variance from the terms of this chapter, as will not be contrary to the public interest, so that the spirit of this chapter will be observed and substantial justice will be done. The board of adjustment may establish such requirements relative to such property as would carry out the purpose and intent of this chapter. It is specifically provided, however, that the board of adjustment is not authorized to grant a use variance.

(b)

In exercising the above-mentioned powers the board of adjustment may, in conformance with the provisions of this division, reverse or affirm wholly or partly or may modify the order, requirement, decisions 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.

(c)

In considering all appeals from rulings made under this division, the board of adjustment shall, in making its findings on any specific case, determine the effect of the proposed change upon the supply of light and air to adjacent property, upon the congestion of the public streets, upon the public safety from fire and other hazards, upon the established property values within the surrounding area and upon other factors relating to the public health, safety, comfort, morals and general welfare of the people of the city. Further, in exercising its power to grant special exceptions and variances, the board of adjustment may impose any reasonable condition which shall be necessary to protect surrounding property values and to promote the health, safety, morals and general welfare.

(d)

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 or any matter upon which the board of adjustment is required to pass or to effect any variation in this chapter.

(e)

Every ruling made upon any appeal to the board of adjustment shall be accompanied by a written finding of fact based on the testimony received at the hearing afforded by the board of adjustment and shall specify the reason for granting or denying appeal.

(Ord. No. 2429, § 1(8.603), 11-13-2000)

State Law reference— Similar provisions, RSMo 89.090.

(a)

Persons aggrieved by any decision of the zoning administrator may appeal to the board of adjustment by filing a notice of appeal with the city clerk.

(b)

Appeals to the board of adjustment shall be taken within 30 days from the date of the decision by filing with the building inspector from whom the appeal is taken and with the city clerk a notice of appeal specifying the grounds thereof and by paying a filing fee as provided in the city fee schedule at the office of the city clerk at the time the notice is filed.

(c)

The officer accepting the appeal shall forthwith transmit to the board of adjustment certified copies of all the papers constituting the record of the matter together with a copy of the ruling or order from which the appeal is taken.

(d)

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 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 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 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.

(e)

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 a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

(f)

The board of adjustment shall not rehear an appeal one decided unless it is shown by the appellant that all pertinent facts of the case were not brought before the board of adjustment at the public hearing and that for some reason he was prevented from presenting such facts; or that the facts of the case have materially changed since the public hearing.

(Ord. No. 2429, § 1(8.604), 11-13-2000)

State Law reference— Similar provisions, RSMo 89.100.

(a)

Any person, jointly or separately 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 of the county in which the property affected is located, a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the board of adjustment.

(b)

Upon the presentation of such petition the court may allow a writ of certiorari directed to the board of adjustment to review such decision of the board of adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney but shall not be less than ten 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 course shown, grant a restraining order.

(c)

The board of adjustment 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.

(d)

If, upon the hearing it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which a determination of the court shall be made.

(e)

The court may reverse or affirm, wholly or partly 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.

(Ord. No. 2429, § 1(8.605), 11-13-2000)

State Law reference— Similar provisions, RSMo 89.110.

The uses listed under the various districts as "uses permitted on review" are so classified because they more intensely dominate the area in which they are located than for other uses permitted in the district; however, the nature of such uses makes it desirable that they be permitted to locate therein. The following procedure is established to integrate properly the uses permitted on review with the other land uses located in the district. These uses shall be reviewed and authorized or rejected under the following procedure:

(1)

An application shall be filed with the city planning and zoning commission for review. The application shall show the location and intended use of site, the names of all the property owners and existing land uses within 185 feet and any other material pertinent to the request which the city planning and zoning commission may require.

(2)

The city planning and zoning commission shall hold one or more public hearings thereon.

(3)

The city planning and zoning commission shall, within 45 days of the date of application, transmit to the board of aldermen its report as to the effect of such proposed building or use upon character of the neighborhood, traffic conditions, public utilities and other matters pertaining to the general welfare and the recommendation of the city planning and zoning commission concerning use thereon. Thereupon, the board of aldermen may authorize or deny the issuance of a building permit for the use of land or building as requested.

(Ord. No. 2429, § 1(8.700), 11-13-2000)

(a)

Public hearing required. The board of aldermen may, from time to time, on its own motion or on petition from a property owner or on recommendation of the city planning and zoning commission, amend the regulations and districts herein established. No change in regulations, restrictions or district boundaries shall become effective until after a public hearing held in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard at least 15 days' notice of the time and place of such hearing shall be published in an official paper or paper of general circulation in the city.

(b)

Planning and zoning commission report. Every such proposed amendment shall be referred by the city planning and zoning commission for report. If a protest against such amendment be 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 territory included in such proposed change, such amendment shall not be passed except by the favorable vote of two-thirds of all the members of the board of aldermen.

(c)

Fee. For each petition for amendment to this division, a fee as provided in the city fee schedule plus the cost of legal publication shall be paid to the city clerk.

(Ord. No. 2429, § 1(8.703-1), (8.703-2), 11-13-2000; Ord. No. 2492, § 1, 3-11-2002)

State Law reference— Similar provisions, RSMo 89.050 and 89.060.

(a)

All new additions and annexations of land to the city shall be in an A Agricultural Zone unless otherwise classified by the board of aldermen, for a period of time not to exceed one year from the effective date of the ordinance from which this division is derived, annexing the addition.

(b)

Within this one-year period of time, the board of aldermen shall instruct the city planning and zoning commission to study and make recommendations concerning the use of land within the annexation to promote the general welfare and in accordance with the comprehensive city plan and upon receipt of such recommendations the board of aldermen shall, after public hearings as required by law, establish the district classification of the annexation; provided, however, that this shall not be construed as preventing the board of aldermen from holding public hearings prior to annexation and establishing the district classification at the time of the annexation.

(Ord. No. 2429, § 1(8.704), 11-13-2000)

(a)

Purpose and intent. Certain land uses and developments present unique problems with respect to their proper location and relationship to other land uses. Therefore, analysis and judgment of the consequences of each development and use is necessary to preserve and to promote the public health, safety and general welfare. Such land uses and developments are identified in this chapter as uses requiring review of the planning and zoning commission and the board of aldermen.

(b)

Application. The granting of a conditional use permit may be initiated by a verified application of one or more of the owners of record of a lot or tract of land or their authorized representatives or by a resolution by the planning and zoning commission or the board of aldermen. Application for a conditional use permit for a specific tract of land shall be filed in the office of the zoning official. The application shall be filed on forms prescribed for that purpose by the zoning official and be accompanied by the following:

(1)

Filing fee.

(2)

The correct legal description of the property.

(3)

The present zoning district for the property.

(4)

The typewritten names, addresses and telephone numbers of all owners and their attorney and their designated representative, if any.

(5)

The signatures of all owners, their attorney or their designated representative.

(6)

The designated representative shall present proper power of attorney signed by all owners and notarized showing authorization to act on behalf of all owners.

(7)

Attached to the application shall be a plat showing the real estate for which a conditional use permit is desired. The plat shall be drawn to scale and shall show the dimensions of the property along with sufficient neighborhood information to readily identify the property's boundary lines.

(8)

Land development plan, including, but not limited to, the following:

a.

Approximate location and designated uses of buildings and other structures as well as parking and open areas shall be indicated.

b.

Proposed ingress and egress to the site, including adjacent streets.

c.

Preliminary plan for provisions of utilities.

d.

Proposed landscaping and screening.

e.

Any other requirements for the land development plan set forth in this chapter.

After checking the application for accuracy, the zoning official shall file one copy of the application with the city clerk and place the matter on the agenda of the planning and zoning commission for their review and recommendation.

(c)

Public meeting. Before making a decision, the planning and zoning commission and board of aldermen shall review and consider the application for a conditional use permit in an open public meeting. At such meeting, both those in favor of and those opposed to the conditional use permit will be given reasonable opportunity to be heard. The criteria to be considered shall include, but not be limited to, the following:

(1)

Whether the proposed conditional use complies with all applicable provisions of this chapter and will conform to the general intent and purpose of this chapter and the zoning district in which the proposed conditional use will be located;

(2)

Whether the proposed conditional use is in accordance with the intent of and furthers and promotes the goals of the city's comprehensive plan;

(3)

Whether the proposed conditional use at the specified location will contribute to and promote the welfare or convenience of the public;

(4)

Whether the proposed conditional use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located;

(5)

Whether the location and size of the conditional use, the nature and intensity of the operation involved in or conducted in connection with it and the location of the site with respect to streets giving access to it are such that the conditional use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. In determining whether the conditional use will dominate the immediate neighborhood, consideration shall be given to the location, nature and height of buildings, structures, walls and fences on the site and the nature and extent of proposed landscaping and buffering on the site;

(6)

Whether adequate utility, drainage and other such necessary facilities have been or will be provided; and

(7)

Whether adequate access roads or entrance and exit drives will be provided and shall be so designed to present traffic hazards and to minimize traffic congestion in public streets and alleys.

(d)

Public hearing. A public hearing on the application shall be held by the body considering the matter in accordance with the provisions of this chapter and state law. The public hearing shall be held within 60 days of verification by the zoning official that the petition meets the minimum application.

(e)

Imposition of additional conditions, safeguards and restrictions. In granting a conditional use, the body reviewing the request may impose such conditions, safeguards and restrictions upon the premises to reduce or minimize any potential injurious effect of such conditional uses upon other property in the neighborhood and to carry out the general purpose and intent of these regulations.

(f)

Transferability. Conditional use permits are not transferable to new tenants or operators.

(g)

Revocation. The board of aldermen may revoke all or part of a conditional use permit if it is not put into use within 12 months of the date of approval. The board of aldermen, after a public hearing, may revoke a conditional use permit for failure of compliance with the regulations and restrictions of this chapter or the requirements of the conditional use permit.

(Ord. No. 2798, § 1, 10-12-2010)