Perry, MO Zoning Ordinance

Section 405.110 Permit.

[R.O. 2011 § 405.110; CC 1990 §42.300]

No building or structure shall be erected, added to or structurally altered until a permit has been issued by the enforcement officer. Except upon a written order of the Board of Adjustment, no such permit shall be issued for any building where said construction, addition or alteration or use thereof would be in violation of any of the provisions of this Chapter.

There shall be submitted with all applications for a permit two (2) copies of a layout or plot plan drawn to scale showing actual dimensions of the lot to be built upon, the exact size and location of the lot of the building and accessory buildings to be erected and such other information as may be necessary to determine and provide for the enactment of this Chapter.

One (1) copy of such layout or plot shall be returned to the applicant when approved by the enforcement officer together with such permit.

Section 405.120 Non-Conforming Uses.

[R.O. 2011 § 405.120; CC 1990 §42.310]

The lawful use of a building existing at the time of the adoption of this Chapter may be continued, although such use does not conform with the provisions hereof. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or more restricted classification. The foregoing provisions shall also apply to non-conforming uses in districts hereafter changed. Wherever a non-conforming use of a building has been changed to a more restricted use or to a conforming use, such use shall not hereafter be changed to a less restrictive use.

In the event that a non-conforming use of any building or premises is discontinued or its normal operation stopped for a period of one (1) year, the use of the same shall thereafter conform to the regulations of the district in which it is located.

Non-conforming uses include discarded goods and materials placed upon property not officially approved for such use and shall be removed within one (1) year from the effective date of this Chapter.

Section 405.130 Interpretation.

[R.O. 2011 § 405.130; CC 1990 §42.320]

In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements adopted for the promotion of public health, morals, safety or the general welfare. Whenever the requirements of this Chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern.

Section 405.140 Amendments.

[R.O. 2011 § 405.140; CC 1990 §42.330]

The Board of Aldermen may, from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries of districts or regulations or restrictions established. Any proposed amendment, supplement, change, modification or repeal shall first be submitted to the Planning and Zoning Commission for its recommendations and report. If the Planning and Zoning Commission makes no report within thirty (30) days, it should be considered to have made a report approving the proposed amendment, supplement, modification or change. Upon the filing of the recommendations and report by the Planning and Zoning Commission with respect to any proposed amendment, supplement, change, modification or repeal, the Board of Aldermen shall proceed to hold a public hearing in relation thereto giving at least fifteen (15) days' notice of the time and place of such hearing, which notice shall first be published in a newspaper having a general circulation in the City.

In case of an adverse report by the Planning and Zoning Commission or if a project against such proposed amendment, supplement, change, modification or repeal was presented in writing to the City Clerk duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the area of the land (exclusive of streets, change, modifications or repeal) 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, supplement, change, modification or repeal shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the Board of Aldermen. The increased vote requirement shall apply in all cases of special use permit cases.

The party or parties proposing or recommending a change in the district regulations or district boundaries should deposit a fee of seventy-five dollars ($75.00) to the City Clerk at the time the application is filed and obtain a receipt therefor and an additional fee of fifteen dollars ($15.00) shall be paid to the City Clerk prior to the time publication of "Notice of Public Hearing" is ordered by the Board of Aldermen and obtain a receipt therefor.

Under no condition shall said sum or any part thereof be refunded for failure of said change to be adopted by the Board of Aldermen.

Section 405.150 Board Of Adjustment.

[R.O. 2011 § 405.150; CC 1990 §42.340]

Creation, Appointment And Organization.

Board Of Adjustment Established. The word "Board," when used, shall be construed to mean the Board of Adjustment. The Board shall consist of five (5) members, all of whom shall be residents of the municipality except as provided in Section 305.410, RSMo., appointed by the Mayor and approved by the Board of Aldermen. The term of office of the members of the Board shall be for five (5) years, excepting that the membership of the first Board appointed shall serve respectively for terms of 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 each. Thereafter, members shall be appointed for terms of five (5) years each. Vacancies shall be filled for the unexpired term only. Members shall be removed for cause by the Mayor and Board of Aldermen upon written charges and after public hearing.

The Board shall elect its own Chairman and Vice Chairman who shall serve for one (1) year. The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this Chapter.

Meetings of the Board shall be held at or 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 taken down by a reporter employed by the Board for the purpose.

Powers, Duties And Procedures.

Powers Relative To Errors. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the enforcement officer in the enforcement of this Chapter.

Powers Relative To Variations. When, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of adoption of this Chapter 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 neighborhood, the strict application of the area regulations would result in peculiar and exceptional practical difficulties or exceptional and undue hardship upon the owner of such property, the Board shall be empowered to authorize, upon an appeal relating to such property, a variation from such strict application so as to relieve such difficulty or hardship.

Powers Relative To Exceptions. Upon appeal, the Board should be empowered to permit the following exceptions:

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

To permit the reconstruction of a non-conforming building which has been damaged by explosion, fire, act of God or the public enemy to the extent of less than sixty-five percent (65%) of its assessed value when the Board finds some compelling public necessity requiring a continuance of the non-conforming use, but in no case shall such a permit be issued if its primary function is to continue a monopoly.

To interpret the provision 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 map is on file in the City offices and made a part of this report.

To vary parking regulations wherever the character or use of the building is such as to make unnecessary the full provision of parking facilities or when such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.

In exercising the above powers, the Board may reserve or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made and to that end should have all the powers of the officer from whom the appeal is taken. In considering all the appeals the Board shall, before making any finding in a specific case, first determine that the proposed change will not constitute a change in the District Map and will not impair an adequate supply of light and air to adjacent property or increase congestion in public streets or increase the danger of fire or materially diminish or impair established property values within the surrounding areas or in any other respect impair the public health, safety, comfort, morals and welfare of the City. Every change granted or denied by the Board shall be accompanied by a written finding of fact based on sworn testimony and evidence, specifying the reason for granting or denying the variation. The decision of the Board shall be made a part of any building permit in which variation is allowed.

The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the enforcement officer or to decide in favor of the applicant on any matter upon which it is required to pass or to effect any variation.

Procedure.

Appeals to the Board on any matter over which the Board is specifically granted jurisdiction may be taken by any person aggrieved or by any neighborhood organization as defined in Section 32.105, RSMo., representing such person or by an officer, department, any board or bureau of the City affected by any decision of the enforcement officer. Such appeal shall be taken within thirty (30) days of such decision by filing with the enforcement officer and with the Board a notice of appeal specifying the grounds thereof. The enforcement officer shall transmit to the Board all the papers constituting the record upon which the action appealed from is taken.

An appeal stays all proceedings in furtherance of the action appealed from, unless the enforcement officer certifies to the Board after the notice of appeal had 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 proper legal action.

The Board shall fix a reasonable time for the hearing of the appeal, give not less than fifteen (15) days' public notice thereof in a newspaper of general circulation, 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.

A fee of seventy-five dollars ($75.00) shall be paid to the City Clerk at the time the application is filed and obtain a receipt prior to the time publication of "Notice of Public Hearing" is ordered by the Board of Adjustment.

Section 405.160 Violations And Penalties.

[R.O. 2011 § 405.160; CC 1990 §42.350]

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 Sections 89.010 to 89.140, RSMo., or of any ordinance or other regulation made under authority conferred hereby, 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 such 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 an officer 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 made under authority of Sections 89.010 to 89.140, RSMo.

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 misdemeanor punishable as follows:

In any city with more than three hundred thousand (300,000) inhabitants, by a fine of not less than ten dollars ($10.00) and not more than five hundred dollars ($500.00) for each and every day that such violation continues, 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. Notwithstanding the provisions of Section 82.300, RSMo., however, for the second and subsequent offenses involving the same violation at the same building or premises, the punishment shall be a fine of not less than two hundred and fifty dollars ($250.00) or more than one thousand dollars ($1,000.00) 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.

In all other municipalities, by a fine of not less than ten dollars ($10.00) and not more than two hundred fifty dollars ($250.00) for each and every day that such violation continues, 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. Notwithstanding the provisions of Section 82.300, RSMo., for the second and subsequent offenses involving the same violation at the same building or premises, the punishment shall be a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) for each and every day that such violation shall continue, or by imprisonment for ten 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 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 and fifty dollars ($250.00).