Authorization. A Zoning Administrator shall be appointed by the Governing Body. The Zoning Administrator shall be authorized to expend such funds to employ deputies and clerical assistants and to carry out his/her duties under these regulations as shall be approved from time to time by the Governing Body.

Duties Of The Zoning Administrator. The Zoning Administrator or his/her duly designated and acting deputy shall enforce these regulations and, in addition thereto and in furtherance of said authority, he/she shall:

Zoning Certificates. Unless a zoning certificate shall first have been obtained from the office of the Zoning Administrator:

Application For Zoning Certificate.

Issuance Of Zoning Certificate. A zoning certificate shall be either issued or refused by the Zoning Administrator within ten (10) days after the receipt of an application or within such further period as may be agreed to by the applicant. When the Zoning Administrator refuses to issue a zoning certificate, he/she shall advise the applicant in writing of the reasons for the refusal.

Period Of Validity. A zoning certificate shall become null and void six (6) months after the date on which it is issued unless within such six (6) month period construction, building, moving, remodeling or reconstruction of a structure is commenced or a use is commenced.

Occupancy Certificates. No structure or addition thereto constructed, built, moved, remodeled or reconstructed after the effective date of these regulations shall be occupied or used for any purpose; and no land vacant on the effective date of these regulations shall be used for any purpose; and no use of any land or structure shall be changed to any other use, unless an occupancy certificate shall first have been obtained from the office of the Zoning Administrator certifying that the proposed use of occupancy complies with all the provisions of this Chapter.

Violations. If any building or structure is erected, constructed, reconstructed, altered, converted or maintained or any building, structure or land is used in violation of these regulations, the City, in addition to other remedies, may institute any appropriate action 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 Zoning Administrator or any other officer authorized to issue building permits, who is empowered to cause any building, structure, place or premises to be inspected and examined and to order, in writing, the remedy of any condition found to exist therein or thereat in violation of any provision of this Chapter.

Penalty. The owner or general agent of a building or premises where a violation of any provision of the regulations of this Chapter 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 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 (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 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).

Authority. The Board of Adjustment previously established and its members and their respective terms shall be continued, subject to the provisions of Chapter 89, RSMo.

Membership. The Board of Adjustment shall consist of five (5) members who shall be residents of the City and shall be appointed by the Mayor with the approval of the Board of Aldermen for terms of five (5) years. Three (3) alternate members may be appointed to serve in the absence of or the disqualification of regular members. All members and alternates shall be removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The Board shall elect its own Chairman who shall serve for one (1) year.

Proceedings. The Board shall adopt rules and regulations to govern its proceedings. 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 the 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.

Powers And Duties. The Board of Adjustment shall have the following powers:

Hearings Before The Board Of Adjustment. In carrying out the powers and duties of the Board, the Board shall hold a hearing on all items before it. The Board shall fix a time for the hearing within thirty (30) days following receipt of an appeal or variance request, give public notice of such hearing, by publication, one (1) time in an official newspaper or a newspaper of general circulation in the City at least fifteen (15) days prior to the date of said hearing. Additionally, the Board shall notify, by regular mail, the owners of all property within one hundred eighty-five (185) feet of the property for which the appeal or variance has been filed. The party in interest and any person notified above shall have an opportunity to be heard. Any party may appear at the hearing in person or by agent or by attorney. Following the hearing, the Board shall decide the appeal or variance within sixty (60) days following receipt of the appeal or variance.

Burden On Applicant. The applicant for an appeal or variance shall bear the burden of producing evidence establishing the grounds of the appeal or the necessity of the variance.

Appeal From Decision Of The Board.

Fees For Filing Appeal Or Variance. At the time of filing of an appeal or variance to the Board of Adjustment, the appellant shall pay to the City a non-refundable deposit of three hundred fifty dollars ($350.00) for the application review fee and costs. The application review fee consists of a filing fee of three hundred fifty dollars ($350.00), as well as an amount necessary to reimburse the City for the cost of a certified court reporter, recording fees, publications, postage, writs, determination of ownership interests, as well as engineering and legal costs incurred in reviewing the application. Said deposit shall be collected by the Chief Building Official or City Planner and no appeal or variance shall be heard or considered until said deposit is paid.

When Appeals May Be Taken. Appeals to the Board of Adjustment may be taken by any person aggrieved, by any neighborhood organization as defined in Section 32.105, RSMo., representing such person, or by any officer, department, board or bureau of the City affected by any decision of the Chief Building Official or City Planner. Such appeal shall be taken within five (5) days from the date of the decision to be appealed by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds. The officer(s) from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

Extent Of The Board's Appeal Powers. In exercising its 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. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Chief Building Official or City Planner or to decide in favor of the applicant or to affect any variation to the Zoning Code.

Stay Of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him/her that by reason of facts stated in the certificate a stay would, in his/her opinion, cause immediate 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. 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.

Decision On Appeals. The Board shall render decisions only on appeals from an action of the Chief Building Official or City Planner. The Board shall take action 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. In no case shall the Board consider or decide an appeal from an action of the Board of Aldermen or Planning and Zoning Commission, nor shall it render decisions or rulings which have the effect of repealing or amending this Chapter. In all cases, the spirit and intent of this Chapter shall be observed, public safety and welfare secured and substantial justice done.

Extent Of The Board's Variance Powers.

Standards For Variances. The Board of Adjustment shall not vary the regulations of this Chapter as authorized above unless and until the Board shall make written findings based upon the particular evidence presented to it in each specific case that:

Use Variance Not Authorized. The Board of Adjustment shall not be empowered to vary any of the provisions of this Chapter relating to the permitted or conditional use of land, buildings or structures in specific zoning districts.

Application Requirements. Any person seeking a variance shall submit an application to the Chief Building Official. The application shall be made on a form prescribed by the Chief Building Official and accompanied by filing fee as required in Section 400.625(H). The application shall be accompanied by the following information:

Extent Of Variance Limited. The Board, in exercising its authority to grant variances from this Chapter, shall be empowered to vary the provisions of this Chapter only to the extent necessary to relieve or alleviate the demonstrated hardship.

Conditions And Restrictions. The Board may impose any such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards set out in this Chapter to reduce, minimize or mitigate the effect of such variance upon other property in the neighborhood and better to carry out the general intent of the Chapter. Failure to comply with any such conditions and restrictions shall constitute a violation of this Chapter.

Notice Of Decision. After the hearing and making a decision, the Board shall file its written decision on the requested variance, supported by findings of fact and conclusions of law and list of Sections varied with respect to the standards in Section 400.635(B), with the Chief Building Official. The Chief Building Official shall mail, by first class mail, a copy of the decision to the applicant and each other person who requests in writing to be notified.

Duration And Validity Of Variance. No order of the Board of Adjustment granting a variance shall be valid for a period of longer than one (1) year from the date of such order unless the action that precipitated the request for the variance (subdivision of land, construction, change in use, etc.) is commenced within such period and pursued to completion without unnecessary delay on the part of the person holding the title or beneficial interest in the property for which the variance was granted.

The Planning and Zoning Commission of the City of Smithville, Missouri, shall consist of seven (7) members, including:

All citizen members of the Commission shall serve without compensation. The term of each of the citizen members shall be for four (4) years, except that the terms of the citizen members first appointed shall be for varying periods so that succeeding terms will be staggered. Any vacancy in a membership shall be filled for the unexpired term by appointment as aforesaid. The Board may remove any citizen member for cause stated in writing and after public hearing.