Tarkio City Zoning Code
ARTICLE X
Administration
Section 405.440 Board of Adjustment.
[R.O. 2013 §405.440; CC 1991 §400.430; CC §42.900; Ord. No. 22.09 §XV, 10-30-1967]
A.
A Board of Adjustment is hereby created. The Board shall consist of five (5) members, who shall be residents of the City, appointed by the Mayor and approved by the Board of Aldermen, each to be appointed for a term of five (5) years, excepting that when the Board shall first be created, one (1) member shall be appointed for a term of five (5) years, one (1) for a term of four (4) years, one (1) for a term of three (3) years, one (1) for a term of two (2) years, and one (1) for a term of one (1) year. Members shall be removable for cause by the Mayor and Board of Aldermen upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.
B.
The Board of Adjustment shall adopt rules for the conduct of its business, establish a quorum and procedure, and keep a public record of all findings and decisions. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings of the Board shall be open to the public. Each session of the Board of Adjustment, at which an appeal is to be heard, shall be a public meeting with public notice of said meeting and business to be carried or published in a newspaper of general circulation in the City at least one (1) time seven (7) days prior to the meeting.
C.
An appeal may be taken to the Board of Adjustment 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 municipality affected by any decision of the Building Inspector. Such appeal shall be taken within such time as prescribed by the Board by general rule by filing with the Building Inspector a notice of appeal specifying the grounds thereof. A fee of fifty dollars ($50.00) shall accompany all notices of appeal. The Building Inspector shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.
D.
The Board of Adjustment shall have the following powers:
1.
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 in the enforcement of this Chapter and may affirm or reverse, in whole or part, said decision of the enforcement officer.
2.
To hear requests for variances from the literal provisions of the Zoning Code in instances where strict enforcement of the Zoning Code would cause undue hardship to circumstances unique to the individual property under consideration and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the Zoning Code. The Board of Adjustment shall not permit, as a variance, any use in a district that is not permitted under the ordinance. The Board of Adjustment may impose conditions in the granting of variance to ensure compliance and to protect adjacent property.
3.
To hold public hearings on and decide the following exceptions to or variations of this Chapter.
a.
To permit the extension of a district where the boundary line thereof divides a lot held in a single ownership at the time of adoption of this Chapter.
b.
Interpret the provisions of this Chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the Zoning District Map, where the street layout on the ground varies from the street layout as shown on this map.
c.
Permit reconstruction of a non-conforming building otherwise prohibited by Article IX where such action would not constitute continuation of a monopoly.
d.
Vary the yard regulations where there is an exceptional or unusual physical condition of a lot, not generally prevalent in the neighborhood, which condition when related to the yard regulations of this Chapter would prevent a reasonable or sensible arrangement of buildings on the lot.
e.
Vary the parking regulations by not more than fifty percent (50%) where it is conclusively shown that the specific use of a building would make unnecessary the parking spaces otherwise required by this Chapter, or where it can be conclusively shown that adequate off-street parking to serve a particular use has been provided by or is controlled by the municipality.
E.
Decision of the Board in respect to the above shall be subject to appeal to the Circuit Court of Atchison County within thirty (30) days after the filing of the decision in the office of the Board.
Section 405.450 Enforcement, Application and Permits.
[R.O. 2013 §405.450; CC 1991 §400.440; CC §42.910; Ord. No. 22.09 Art. XVI, 10-30-1967]
A.
It shall be the duty of the person designated by the Mayor as Building Inspector to administer and enforce the regulations contained herein.
B.
It shall be unlawful to commence or to proceed with the erection, construction, reconstruction, conversion, alteration, enlargement, extension, raising or moving of any building or structure or any portion thereof without first having applied in writing to the Building Inspector for a building permit to do so and until a building permit has been granted therefor.
C.
Every application for a building permit shall be in writing and delivered to the Building Inspector and shall be accompanied by a detailed set of plans, in duplicate, showing the size of the proposed building or structure, its location on the lot, the basic materials of which it is to be constructed and the details and type of construction to be used. On the issuance of a permit, one (1) set of said plans shall be retained by the Building Inspector as a permanent record and one (1) set shall be returned to the applicant. In cases of any building or structure to be located outside the fire districts, the Building Inspector may, at his/her own discretion, permit the substitution of a written statement covering the essential information required in place of said plans.
D.
Blank forms shall be provided by the Building Inspector for the use of those applying for permits as provided in this Chapter. Any permits issued by the Building Inspector shall be on standard forms for such purpose and furnished by the City.
E.
A careful record of all such applications, plans and permits shall be kept in the office of the Building Inspector. The fees to be charged for building permits shall be as follows:
Description of work | Fee |
|---|---|
For work costing five hundred dollars ($500.00) or less | $.50 |
For work costing over five hundred dollars ($500.00) but not over one thousand dollars ($1,000.00) | $1.00 |
For work costing over one thousand dollars ($1,000.00) but not over two thousand five hundred dollars ($2,500.00) | $2.00 |
For work costing over two thousand five hundred dollars ($2,500.00) but not over five thousand dollars ($5,000.00) | $4.00 |
For work costing over five thousand dollars ($5,000.00) but not over ten thousand dollars ($10,000.00) | $6.00 |
For work costing over ten thousand dollars ($10,000.00) but not over fifteen thousand dollars ($15,000.00) | $10.00 |
For work costing over fifteen thousand dollars ($15,000.00) but not over twenty-five thousand dollars ($25,000.00) | $15.00 |
For work costing over twenty-five thousand dollars ($25,000.00) but not over fifty thousand dollars ($50,000.00) | $20.00 |
For work costing over fifty thousand dollars ($50,000.00) | $25.00 |
F.
Any building permit under which the proposed construction has not been completed within one hundred eighty (180) days of the date of issue shall expire by limitation; and no work or operation shall take place under such permit after such expiration. A continuance of ninety (90) days may be issued by the Building Inspector upon request. Partial construction, not completed, must be removed at the land owner's expense within thirty (30) days.
[Ord. No. 195.17, 8-5-2017]
G.
Subsequent to October 30, 1967, no change in the use or occupancy of land, nor any change of use or occupancy in an existing building other than for single-family dwelling purposes, shall be made, nor shall any new building be occupied until a certificate of occupancy has been issued by the Building Inspector. Every certificate of occupancy shall state that the new occupancy complies with all provisions of this Chapter. No permit for excavation for, or the erection or alteration of, any building shall be issued before the application has been made and approved for a certificate of occupancy and compliance, and no building or premises shall be occupied until such certificate and permit is issued. A record of all certificates of occupancy shall be kept on file in the office of the Building Inspector, and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or a building affected by such certificate of occupancy.
Section 405.460 Amendments.
[R.O. 2013 §405.460; CC 1991 §400.450; CC §42.920; Ord. No. 22.09 Art. XVII, 10-30-1967]
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 herein established. Any proposed amendment, supplement, change, modification or repeal shall first be submitted to the City Planning Commission for its recommendations and report. If the City Planning Commission makes no report within forty-five (45) days, it shall 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 City Planning 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 of Tarkio. In case of an adverse report by the City Planning Commission, or if a protest against such proposed amendment, supplement, change, modification or repeal shall be 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, places and alleys) included within such proposed amendment, supplement, change, modification 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.
Section 405.470 Violation and Penalty.
A.
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 City, 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.
B.
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 an ordinance violation 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.
C.
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).