Owensville City Zoning Code
ARTICLE VIII
Administration
Section 400.630 Development Review.
[R.O. 2011 § 400.630; Ord. No. 1161 § 1, 11-18-2013]
A.
Administrative Approval For Single-Family Uses. When a single-family detached residential dwelling and/or an accessory building to a single-family dwelling is to be constructed, converted, reconstructed, or structurally altered within a subdivision previously approved by the Board of Aldermen or upon a lot of record, no building permit shall be issued for the development without the approval of the Administrative Official as to the conformance of said modification to all pertinent Sections of this Chapter. Approval of the Planning and Zoning Commission is not required for these uses.
B.
Multifamily And Non-Residential Construction. The construction of a new commercial or multifamily building shall require review and approval by the Planning and Zoning Commission for the adequacy of the internal on-site and external street circulation system, the design of the proposed landscaping and parking areas, and conformance with this Chapter.
C.
Development Plan. A development plan shall be required for all new multifamily and non-residential structures or major renovation of a multifamily or non-residential structure, as determined by the Administrative Official. The owner or owner's representative shall submit three (3) copies of the development plan reflecting the nature of the proposed development or redevelopment to the Administrative Official for Planning and Zoning Commission review and approval for permitted uses. Development involving a conditional use permit (Section 400.640) or rezoning (Section 400.650) shall be reviewed and approved pursuant to the applicable review procedures and requirements. In order to assure the fullest practicable presentation of facts for analysis and for the permanent record, the Planning and Zoning Commission may prescribe additional data and information from the applicant. Required information shall include, but need not be limited to:
1.
A site plan showing existing and proposed uses and structures, including setbacks, easements and zoning of the site and adjacent parcels.
2.
Existing and proposed contours at intervals of two (2) feet or less referred to sea level datum.
3.
Location of all isolated trees having a diameter of six (6) inches or more and all tree masses.
4.
Proposed ingress and egress to the site, including on-site parking areas, stalls, loading areas and adjacent streets.
5.
Bicycle and pedestrian access to the site from public sidewalks or streets.
6.
Proposed landscaping, including type and size of planting and fencing.
7.
Two (2) section profiles through the site showing preliminary building form and mass.
8.
Any additional information as determined by the Administrative Official.
D.
Final Development Plan. No building shall hereafter be constructed, reconstructed or altered nor shall any such work be started until a final development plan for the project has been approved in accordance with this Chapter and a building permit for the work has been issued. Notwithstanding this requirement, the Administrative Official has discretion to allow, without requiring any final development plan, construction, reconstruction or alterations of any single, detached residential structure consisting of no more than four (4) dwelling units, so long as such proposed construction is otherwise in compliance with all applicable laws, ordinances, rules and regulations.
E.
Administrative Official/Commission Review; When. The Administrative Official shall conduct the final development plan review if the proposed improvements shown on the final development plan do not involve any resubdivision, rezoning, conditional use or variance in order to complete the proposed improvements in accordance with this Chapter. In all other instances, the Administrative Official shall first determine that application and submission requirements are satisfied and, if so, then forward the application to the Commission for its review.
1.
After review and approval of the final development plan by the Planning and Zoning Commission, a copy of the final development plan shall be recorded by the developer with the office of the Gasconade County Recorder of Deeds. The plan shall be accompanied by the conditions and restrictions of the ordinance authorizing the development.
2.
If substantial construction or development authorized by the conditional use permit or planned development permit does not begin within the period of time specified in the conditions of the ordinance authorizing the development, the Board of Aldermen may, on its own motion or on a recommendation of the Planning and Zoning Commission, rezone the property or any portion thereof to the zoning district classification that prevailed prior to the approval; rescind approval of the subdivision, recommend to the Board of Adjustment that the variance be revoked or, if applicable, void the conditional use permit authorizing the development; or all, if applicable. A public hearing is not required for this rezoning and/or voiding; however, the owner shall be notified by the Board of Aldermen of the proposed rezoning and/or voiding prior to the introduction of any bill for said rezoning and/or voiding.
3.
After the recording of a final development plan, changes not inconsistent with the purpose or intent of this Chapter may be approved by the Planning and Zoning Commission. Changes affecting the purpose, intent, or concept of this Chapter, or the final development plan, shall require a new application to be filed with the Board of Aldermen.
4.
In the event of an abandonment of a use authorized pursuant to a conditional use or planned development permit, such permit shall expire and be of no further force and effect. Upon such expiration, no such use may be resumed without the filing of a new application therefor with the Board of Aldermen. The term "abandonment" shall be deemed to have the same meaning set forth in this Chapter.
F.
Subsequent Application. Upon the granting or denial by the Board of Aldermen of an application for a conditional use permit, planned development overlay, and/or a zoning change, no subsequent application requesting a conditional use permit, planned development permit, and/or a rezoning, with reference to the same property or part thereof, shall be filed by any applicant, whether the same person, firm, or corporation, until expiration of twelve (12) months after the final denial or grant. Unless otherwise stated at the time of approval of an ordinance authorizing a development, substantial work or construction must be commenced within one (1) year or the approval shall automatically be void.
G.
Building Permit. Upon approval of the submitted or revised development plan by the Planning and Zoning Commission, application for building permits and certificates of occupancy may take place at the office of the Administrative Official.
H.
Improvements. No building, facilities, establishments, or service concerns may occupy or use any portion of the subject tract until the required improvements are constructed or a performance bond and/or escrow is posted covering construction of improvements as determined by the Planning and Zoning Commission. If the development is to occur in sections, all improvements necessary to the proper operation and functioning of the section, even though same may be located outside the section, must be constructed and installed or a performance bond and/or escrow agreement posted covering the estimated cost of improvements as determined by the Planning and Zoning Commission.
I.
Joint Ownership. Where this Chapter permits or requires an act on the part of an owner or landowner, and a particular lot or tract of land is owned by several persons, whether in joint tenancy, tenancy in common, partnership, joint venture or other form of joint ownership, the act shall be taken on behalf of, and with the express written consent of, all such persons, which written consent shall be provided to the City.
Section 400.640 Conditional Use Permits.
[R.O. 2011 § 400.640; Ord. No. 1161 § 1, 11-18-2013]
A.
Intent And Purpose. It is hereby declared that certain land uses and developments present unique problems with respect to their proper location and relationships to other land uses. Therefore, analysis and judgment of the consequences of each development and use is necessary to preserve and promote the public health, safety, and general welfare. The purpose of conditional use permits is to provide the City with a procedure for determining the appropriateness of such uses. The appropriateness of the use shall be determined in consideration of surrounding uses, activities and conditions of the site and of the surrounding area. Based upon this determination, the City may decide to permit, reject or conditionally permit the use for which the conditional use is sought.
B.
Authorization. The Board of Aldermen is hereby authorized to decide whether conditional use permits shall be granted subject to the standards contained herein; to grant conditional use permits with such conditions or restrictions as are appropriate to protect the public interest and to secure compliance with these regulations; and to deny requests which fail to satisfy the standards and requirements contained herein and which are not in harmony with the purposes and interest of these regulations and the health, safety, and welfare of the community. The Board of Aldermen shall decide whether conditional use permits shall be granted only after having received a recommendation from the Planning and Zoning Commission.
C.
Application. Applications and preliminary development plans for conditional use permits shall be submitted to the Administrative Official for Planning and Zoning Commission review and Board of Aldermen review and approval. In order to assure the fullest practicable presentation of facts for analysis and for permanent record, the Board of Aldermen may prescribe additional data and information from the applicant. Required information shall be provided in triplicate and shall include, but need not be limited to, the following:
1.
A site plan showing proposed uses and structures.
2.
Existing and proposed contours at intervals of two (2) feet or less referred to sea level datum.
3.
Location of all isolated trees having a diameter of six (6) inches or more and all tree masses.
4.
Proposed ingress and egress to the site, including on-site parking areas and adjacent streets.
5.
Proposed landscaping, including type and size of planting and fencing.
6.
Two (2) section profiles through the site showing the preliminary building form and mass.
7.
Each application shall be verified by at least one (1) of the owners or authorized representatives of the owners of the subject property attesting to the truth and correctness of all facts and information presented with the application.
D.
Review Procedures. Upon receipt of a complete application for conditional use permit and all accompanying material, the Administrative Official shall call a public hearing, pursuant to Section 400.660, for the next scheduled meeting of the Planning and Zoning Commission. The Planning and Zoning Commission shall submit a recommendation to the Board of Aldermen within thirty (30) days after the close of the public hearing. No application for a conditional use permit may be approved by the Board of Aldermen until such hearing is held and a written recommendation with a report of findings of fact is filed with the Board of Aldermen by the Commission.
E.
Standards For Conditional Use Approval. Upon receipt of the Planning and Zoning Commission's recommendations, the Board of Aldermen shall schedule a public hearing pursuant to Section 400.660. At the hearing, the Board shall hear and consider evidence relating to the standards set out below. At the conclusion of the public hearing, the Board shall adopt findings of fact as part of its decision to grant, grant with conditions, or deny the permit. No conditional use shall be recommended by the Commission unless written findings of fact based directly on the particular evidence presented to it supports said recommendation. The written findings of fact shall respond in the affirmative to the following standards and include a written description responding to each.
1.
The establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger public health, safety, or the general welfare of the community.
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 or 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, and/or other necessary facilities have been or are being provided.
5.
Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
6.
The conditional use conforms to the applicable regulations of this Chapter, the Comprehensive Plan and other applicable City regulations, except as such regulations may in each instance be modified by the Board of Aldermen, pursuant to the recommendation of the Planning and Zoning Commission.
7.
The Planning and Zoning Commission and Board of Aldermen shall review and consider any and all formal written protests pertaining to the proposed conditional use, in accordance with aforementioned standards, and the protests shall be substantiated on a factual basis.
F.
Conditions Of Approval And Restriction. In approving a conditional use permit application, the Board of Aldermen may impose conditions and restrictions as necessary to assure that the standards of Section 400.640(E) are complied with and the general intent of this Title is effectuated. The Board of Aldermen in approving a conditional use permit may specify that any future enlargement or alteration in the use of the structure or site must be approved by the Board of Aldermen, upon receipt of the recommendation by the Planning and Zoning Commission, as an amendment to the conditional use permit before a building permit for the enlargement or alteration may be issued. In addition, the Board of Aldermen may require a final development plan in conjunction with any application for or amendment of any conditional use permit. Failure to comply with any of the Board of Aldermen's conditions or restrictions shall constitute a violation of this Chapter punishable by revocation of the conditional use permit or as provided in Section 400.690 of this Chapter.
G.
Transferability. All conditional use permits shall be approved for the originating applicant for a specific location. Should title to the property be transferred to a different owner, a renewal of the original conditional use permit shall be required prior to issuing a new business license, pursuant to the requirements herein. Additionally, conditional use permits may not be transferred to any other location by the applicant.
H.
Revocation. Revocation proceedings may be initiated by the Board of Aldermen in accordance with the following provisions:
1.
Unless the conditional use permit holder and the landowner agree in writing that the permit may be revoked, the Board of Aldermen shall hold a public hearing to consider the revocation of the conditional use permit.
2.
The City shall give the permit holder and the landowner notice of the scheduled revocation hearing at least fifteen (15) days prior to the date scheduled for such hearing by certified mail, return receipt requested. If such notice cannot be delivered or is not accepted, notice may be given by publishing a notice of hearing in a newspaper of general circulation in the City or by posting a notice of hearing on the property at least fifteen (15) days prior to the date scheduled for the hearing.
3.
The public hearing shall be conducted in accordance with rules and procedures established by the Board of Aldermen. At the conclusion of the public hearing, the Board may render its decision or take the matter under advisement.
4.
No conditional use permit shall be revoked unless a majority of the Board of Aldermen is satisfied by a preponderance of the evidence that grounds for revocation exist, such as a violation of a condition of the permit or violation of other City ordinance. Any motion for the revocation of a conditional use permit shall clearly state the grounds for revocation.
I.
The following land uses shall be allowed in all zoning districts as required by law upon compliance with the ordinances of the City of Owensville and the provisions of this Section:
1.
Parabolic television antennas, also known as "satellite earth stations" or "dish," more than twenty-four (24) inches in diameter or installed higher than the highest point of the roof of any lawful structure located on the lot or lots occupied by the building served by such antenna. If any parabolic television antennas are or will be observable from a public street, then shielding, as approved by the Board of Aldermen on a conditional use permit, shall be required. Any shielding required shall conform to the architectural style of the building and shall be of permanent-type construction. The number of parabolic television antennas permitted under this provision is limited to one (1) antenna per building and is applicable to all zoning districts within the City.
2.
A new land use of residential or outpatient facilities for treatment of alcohol and other drug abuse.
Section 400.650 Amendments To Zoning Regulations And Map.
[R.O. 2011 § 400.650; Ord. No. 1161 § 1, 11-18-2013]
A.
When There May Be An Amendment. The regulations, restrictions and boundaries contained in this Chapter may from time to time be amended, supplemented, changed, modified or repealed by the Board of Aldermen either on its own motion or on written application therefor filed with the Administrative Official on behalf of the Board of Aldermen by the Mayor, any member of the Board, the Commission, the Administrative Official or by any governmental body or person with a financial, contractual or proprietary interest in the real estate which would be affected by the proposed amendment.
B.
Application And Submission Requirements. An application for either a text amendment or an amendment in the nature of a rezoning shall be submitted on a form containing such information and materials as may be required by the Administrative Official, the Commission or the Board of Aldermen. The application shall be signed by the owner of the affected real estate or the authorized representative of such owner and shall contain the following initial information, in addition to that which the Administrative Official, the Planning and Zoning Commission or the Board of Aldermen may determine in each particular case is required:
1.
Text Amendment. If the text of this Chapter is proposed to be amended, the application shall set forth the proposed new text to be added and existing text to be deleted.
2.
Rezoning-Development Plan. If the location of all or any part of the existing zoning districts are to be changed, then the application shall include the submission of three (3) copies of a preliminary development plan as set forth in Section 400.630(C), including legal description of the affected real estate sealed by a licensed land surveyor.
3.
If the application is signed by a representative of the owner of the affected real estate, it shall be accompanied by a written, notarized statement of the real estate owner designating the representative to sign for the real estate owner.
4.
The name, address and phone number of the applicant.
5.
Applicant's interest in the property and, if the applicant is not the owner, the name, address and phone number of the owner(s).
6.
Locator numbers of all property shown on the plat or survey.
7.
Present and proposed zoning.
8.
Signature(s) of applicant(s) and owner(s) certifying the accuracy of the required information.
C.
Application Review Procedures.
1.
Administrative Official. The Administrative Official shall receive the application and associated development plan (if a rezoning request) on behalf of the Board of Aldermen and determine whether it complies with all initial submission requirements. If the application does not comply with all initial submission requirements, the Administrative Official shall take no action with respect thereto, except that within a reasonable time after submission, return the application to the applicant with a written list of the deficiencies in the application. If the application is determined by the Administrative Official to be in compliance with initial submission requirements, then the Administrative Official shall provide copies of the application to those officers and contractors in and with the City and Gasconade County from whom review and report are necessary in order for the Administrative Official to make his/her report to the Commission, including, but not limited to, the Fire Chief, Police Chief, the Building Commissioner and the Director of Public Works, the City Attorney and planning and zoning consultants or contractors. After obtaining the necessary reports, the Administrative Official shall prepare and transmit a report to the Commission containing his/her recommendations concerning the application and the reasons therefor in light of the terms of this Chapter, the Comprehensive Plan and prudent planning and zoning concerns.
2.
Planning and Zoning Commission. Upon receipt of the Administrative Official's report on the application, the Commission shall make its final report to the Board of Aldermen, either recommending, recommending with conditions or not recommending the zoning amendment or rezoning. The Administrative Official shall forward copies of the application and all submittals incident thereto, the Administrative Official's report thereon and the Commission's recommendation and report (if any) thereon (collectively "application package") to the Board of Aldermen.
3.
Board of Aldermen.
a.
Upon receipt by the Board of Aldermen of the application package from the Administrative Official, the Board of Aldermen shall conduct a public hearing thereon. Public notice shall be given no less than fifteen (15) days prior to such hearing. All owners of property within the area of the proposed change (if any) and all owners of property within the surrounding area shall be given personal notice of the hearing by mail as provided in Section 400.660 of this Chapter.
b.
In the event that the owners of thirty percent (30%) or more of the areas of land (not including streets and alleys) included either in the proposed area of 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 protest in writing, duly signed and acknowledged, to the proposed change, no such amendment shall become effective except upon the favorable vote of two-thirds (2/3) of all the members of the Board of Aldermen. Otherwise, it shall take an affirmative vote of fifty-one percent (51%) of the Board of Aldermen to approve any proposed application (the same vote required to pass an ordinance).
D.
Rezoning: Final Development Plan Approval. After approval of the application for rezoning and before any permit is issued by the City for any construction, reconstruction, alteration or other development of the subject property, the applicant shall comply with the requirements for development plan review as set forth in Section 400.630.
E.
Annexation. All territory that may be annexed by the City after the effective date of this Chapter shall be zoned as follows:
1.
No Previous Zoning Ordinance In Effect. If at the time of annexation the newly annexed land is not subject to a valid zoning ordinance duly imposed by a properly authorized governmental subdivision of the State, the City shall in due course and in accordance with law adopt zoning regulations for the annexed territory.
2.
Preexisting Zoning Ordinances In Effect. If at the time of annexation the newly annexed land is subject to a valid zoning ordinance duly imposed by a properly authorized governmental subdivision of the State, upon annexation such annexed land shall remain subject to the zoning regulations in effect prior to annexation until such time as the City shall adopt zoning regulations for the annexed territory.
F.
Fee Schedule.
1.
Prior to any action by the Board of Aldermen relative to any amendment, supplement, or modification to this Chapter initiated by petition, the petitioner for said amendment, supplement, change, or modification of the boundaries or regulations of any district shall deposit with the City Clerk the sum of money in accordance with the following schedule:
Fee Schedule | |
|---|---|
Conditional Use | $100 |
Variance | $300 |
Zoning Change or Annexation | $100 |
2.
No fee shall be required in the event the rezoning of property is initiated by the Board of Alderman, the Planning Commission or other City Official on behalf of the City.
Section 400.660 Public Hearing And Notice.
[R.O. 2011 § 400.660; Ord. No. 1161 § 1, 11-18-2013]
A.
Notice And Hearings. Whenever the provisions of this Chapter require notice and hearing, the following procedures herein shall govern:
1.
Time Of Publication And Content. Publication in a newspaper printed or published in the City of Owensville. However, if no newspaper be printed or published in the City, then said notice shall be published in some daily, triweekly, semiweekly, or weekly newspaper of general circulation in the City. Publication shall commence not more than thirty (30) nor less than fifteen (15) days before the hearing date. Every affidavit to proof of publication shall state that said publication and the newspaper in which notice was published has met the requirements of the foregoing provisions and those of Chapter 493, RSMo., governing legal publications, notice and advertisement. Notice shall contain, in addition to the legal description of the parcel of land, the approximate street location, or address when possible; the name of the applicant; the present district classification; the zoning district classification sought, if applicable; and the proposed use of the tract.
2.
Posting Notice. In addition to publishing notice, the Administrative Official shall post notice, consisting of the same information as required in Subsection (A)(1), on the subject property or its immediate vicinity, as well as at the City Hall of the City of Owensville. Notice shall be posted at least fifteen (15) calendar days prior to the public hearing at points nearest to the rights-of-way of any street or roadway abutting such land so as to be clearly visible to the traveling public. The notice, as posted, shall contain a caption in large letters stating the nature of the proposed action.
3.
Notification Of Neighboring Landowners. The applicant shall make a good faith effort to mail notice, consisting of the same information as required for publication in Subsection (A)(1), to all landowners of record within one hundred eighty-five (185) feet from each legal boundary of the subject property. This notice shall be sent by certified mail at the applicant's expense. The applicant shall provide to the Administrative Official no less than seven (7) days prior to the public hearing receipts of the certified mailing. The Administrative Official shall verify the accuracy of the receipts and compliance with this Chapter. Failure to submit receipts on time shall automatically continue the hearing to the next hearing date. The submission of said receipts shall serve as proof of the applicant's good faith effort to provide additional notice to the adjacent property owners. In addition to the receipts, the applicant shall provide the Administrative Official with a map showing the subject property and any neighboring properties affected under this Subsection along with the locator numbers of each property shown. All applicants shall be required to sign a form, attached to the application, that they have read and understand these notification requirements. For any subsequent required public hearings, the applicant shall provide to the Administrative Official the notification letters properly sealed in an envelope, addressed to the property owners within one hundred eighty-five (185) feet and with the proper postage attached to be sent regular mail. The Administrative Official shall then review the envelopes with the list of property owners to verify the that applicant has made a good faith attempt to notify said property owners.
4.
Record Of Proceeding. The Administrative Official shall provide for maintaining a record of the hearing and for taking statements, evidence and testimony.
5.
Minimum Notice. Failure to comply with any additional notice or posting requirements herein which are greater than required by State law shall not be a basis for invalidation of any approval or enactment.
Section 400.670 Permits And Fees.
[R.O. 2011 § 400.670; Ord. No. 1161 § 1, 11-18-2013; Ord. No. 1299, 8-5-2019]
A.
Building Permits.
1.
No building shall hereafter be erected, constructed, or structurally altered, or remodeled, nor shall any work be started thereon, until a building permit therefor has been issued by the Administrative Official which shall state that the proposed building complies with all relevant provisions of this Chapter and the Building Code.[1]
2.
Applications for building permits for developments which require Planning and Zoning Commission or Board of Aldermen approval shall be accompanied by a copy of the approved drawing or plat, in duplicate, showing the lot plan, the location of the building on the lot, accurate dimensions of building and lot, a drawing showing a section through the proposed improvement which shows the type of construction and materials to be used, the total cost of the proposed improvements and such other information as may be necessary to provide for the enforcement of these regulations. If the subject lot is not a lot of record, this plat shall be prepared after the lot has been staked by a licensed surveyor or engineer.
B.
Grading Permits. Applications for a grading permit shall be submitted to the Code Enforcement Officer with a fee of fifty dollars ($50.00) and shall be accompanied by a plan in form and size suitable for permanent filing, drawn to scale, and showing the areas to be graded, the depth of cut and fill, and an estimate of total cubic feet of cut and fill. The plans shall be prepared and sealed by a registered engineer. A record of the application and plans shall be kept in the office of the Code Enforcement Officer.
C.
Occupancy Permits, General.
1.
No vacant land shall be occupied or used, and no building hereafter erected, structurally altered, or vacated shall be occupied or used until a certificate of occupancy shall have been issued by the Administrative Official.
2.
No occupancy permit shall be issued unless the building or proposed use of a building or land complies with all relevant development, construction and building laws, health laws, and City ordinances, and is in compliance with the provisions of this Chapter.
3.
No occupancy permit shall be issued unless the current tenant and owner's address and contact information, including current phone number, is on file with the application.
4.
All conditions relating to or limiting the use, status, or operation of the development after the issuance of a building permit shall be posted in a conspicuous public place on the premises for at least fifteen (15) days prior to the issuance of an occupancy permit. As long as a substantial part of the development remains in single ownership, or ownership of any part of the property is retained or held by the developer or by trustees with duties imposed by this Chapter or by conditions imposed under authority hereof, such person or persons shall maintain such list of conditions in a conspicuous place, and failure to do so shall constitute a violation of this Chapter.
5.
Certificate of occupancy for a building or land.
a.
A certificate of occupancy for a new building, alteration of an existing building, or a vacated building may be applied for in writing to the Administrative Official coincident with an application for a building permit, should both coincide. Said occupancy certificate shall be issued within five (5) days after the successful inspection of such building or part thereof shall have been completed in conformity with the provisions of these regulations. Occupancy inspections shall be completed by any individual authorized by the Board of Aldermen to complete such inspections.
b.
Pending the issuance of a regular occupancy certificate, the Administrative Official may issue a temporary certificate of occupancy for a period not exceeding six (6) months while the completion of alterations is occurring or during partial occupancy of a building pending its completion. Such temporary certificate shall not be construed to alter in any way the respective rights, duties, or obligations of the owners or of the City relating to the use or occupancy of the premises or any other matter covered by this Chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.
c.
No merchants nor operating license shall hereafter be granted to any applicant, nor shall any license hereafter be renewed until a certificate of occupancy has been granted the applicant of such license.
d.
Certificate of occupancy for the use of vacant land or the change in the character of the use of land, as herein provided, shall be applied for to the Administrative Official before any such land shall be occupied or used. Provided such use is in conformity with the provisions of this Chapter, a certificate of occupancy shall be issued within five (5) days after the application has been made.
D.
Fees.
1.
Except as otherwise specifically provided, hereafter all such fees as required by this Section shall be collected by the Administrative Official and deposited with the City Collector.
2.
The fee schedule for residential occupancy inspections shall be as follows: (a) twenty-five dollars ($25.00) for the first occupancy inspection; (b) no fee for a second occupancy inspection, if required, to correct any deficiencies identified during the first occupancy inspection within thirty (30) days; and (c) fifty dollars ($50.00) for a third occupancy inspection, or any subsequent occupancy inspection, if required. Upon the successful completion of an occupancy inspection, a permit for the use of the land or a building shall be issued at no additional cost.
3.
Subdivision Review Fees.
4.
Plan Review When Public Hearing Under Conditional Use Permit Is Requested.
a.
Site Plan Review Fee: There shall be a fee of one hundred dollars ($100.00) for a site plan review to accompany a submission of a site plan.
b.
Public Hearing Fee. There shall be a fee of one hundred dollars ($100.00) for a hearing for an application for a conditional use permit to be used to reimburse the City for publication, mailing and miscellaneous costs.
E.
Permit Records. A record of all permits shall be kept on file in the office of the Administrative Assistant.
Section 400.680 Enforcement.
[R.O. 2011 § 400.680; Ord. No. 1161 § 1, 11-18-2013]
A.
It shall be the duty of the Administrative Official to enforce the provisions of this Chapter. The Board of Aldermen may deputize one (1) or more additional members of his/her staff, as well as members of other City departments who have a particular skill or competence to act for the Administrative Official. The term "Administrative Official" as used elsewhere in this Chapter shall be deemed to include such deputies.
B.
The Administrative Official shall enforce the provisions of this Chapter by authorizing the issuance of building permits and occupancy permits. By means of field inspections and other activities delineated herein, he/she shall ensure conformance with this Chapter. With the advice of the City Attorney, the Administrative Official shall take appropriate action to assure that all uses and developments within the City limits comply with this Chapter and any ruling made pursuant thereto. The Administrative Official is authorized to inspect or cause to be inspected any building or other structure or any land on which work is in progress and to order the stoppage of work being done in violation of this Chapter. He/she shall inspect, or cause to be inspected, such premises after work is completed and shall not authorize the issuance of any occupancy permit until final inspection has been made.
C.
The Administrative Official shall have the power to adopt such administrative regulations as he/she deems necessary to the carrying out of his/her enforcement responsibilities. These regulations shall have general applicability to cases of similar character.
D.
No building, structure, or part thereof shall hereafter be erected, constructed, or enlarged; nor shall any building, structure, or part thereof be hereafter occupied or used in any case of establishment of a new use, extension, or alteration of cause; or converted from one use to another use until the Administrative Official authorizes the issuance of a proper permit. However, no permit shall be required for the raising of agricultural crops or orchards.
E.
No building, structure, or part thereof shall be erected, constructed, reconstructed, or enlarged, nor shall such work be started without the issuance of a building permit authorized by the Administrative Official. This permit shall state that the construction complies with the provisions of this Chapter.
F.
Except as previously provided, no land shall be occupied or used and no building or structure hereafter erected shall be occupied or used, in whole or in part, for any purpose until an occupancy permit is issued. Said permit shall state that the structure and use comply with the provisions of this Chapter. The use of any land, building, structure, or part thereof, now or hereafter erected, shall not be changed until an occupancy permit is issued. No occupancy permit shall be issued for a change in use unless such change is in conformity with the provisions of this Chapter.
G.
The Planning and Zoning Commission or its authorized representatives and the Administrative Official or his/her authorized representatives are hereby empowered, in the performance of their functions, to enter upon any land in the City for the purpose of making inspections, examinations, and surveys or to place and maintain thereon monuments, markers, notices, signs, or placards required to effectuate the purpose and provisions of this Chapter. All authorized representatives shall be required to present proper credentials upon demand when entering upon any land or structure.
H.
The Administrative Official, or his/her deputies or inspectors may cause the cessation of any erection, construction, reconstruction, alteration, conversion, maintenance, or use in violation of the Zoning Ordinance by posting a stop-work or stop-use notice on the premises and by notice in writing to the owner of the property involved, or to his/her agents, or to the person doing the work in the case of a stop-work order, stating the nature of the violation.
I.
The Administrative Official may refer any violation of this Chapter to the City Attorney or Prosecuting Attorney for prosecution or other appropriate action when deemed necessary.
J.
The Police Department shall aid the Administrative Official in enforcing this Chapter by posting stop-work or stop-use notices when requested by the Administrative Official.
Section 400.690 Violations And Penalties.
[R.O. 2011 § 400.690; Ord. No. 1161 § 1, 11-18-2013]
The owner or general agent of a building or premises where a violation of any provision of said regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee, or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor, or any other person who commits, takes part or assists in any such violation, or who maintains any building or premises in which any such violation shall exist shall be guilty of a municipal ordinance violation punishable as set forth in Section 100.220(D) of this Code. Any such person who, having been served with an order to remove any such violation, shall fail to comply with such order within ten (10) days after such service or shall continue to violate any provision of the regulations made under authority of Sections 89.010 to 89.140, RSMo., in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).
Section 400.700 Action For Enforcement Of Chapter.
[R.O. 2011 § 400.700; Ord. No. 1161 § 1, 11-18-2013]
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 Code Enforcement Officer, 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.