No land or structure hereafter erected, moved or altered in its use shall be used until the Zoning Officer shall issue a permit that such land or structure is found to be in conformity with the provisions of this Chapter.

In case any building or structure is constructed, reconstructed, altered or converted or any building, structure or land is used in violation of this Chapter, the Zoning Officer, may institute any appropriate action or proceeding, including enforcement pursuant to Section 405.350:

In the event that construction commences on any building or structure without obtaining a proper permit, the Zoning Officer shall first:

There is hereby established the office of Assistant Zoning Officer.

The Assistant Zoning Officer shall have all the duties, responsibilities and powers of the Zoning Officer when the Zoning Officer is not within the City limits, has a conflict of interest or is otherwise incapable of performing the duties of Zoning Officer.

The Assistant Zoning Officer shall be appointed by the Mayor with the consent of the Board of Aldermen and shall be subject to termination by the Mayor with the consent of the Board of Aldermen with or without cause.

The Assistant Zoning Officer shall be paid by the City in accordance with such resolution that may from time to time be passed by the Board of Aldermen.

Establishment — Membership. A Board of Adjustment is hereby established. The word "Board", when used in this Section, shall be construed to mean the Board of Adjustment. The Board shall consist of five (5) members, all of whom shall be residents 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 (1st) Board shall be one (1) member for one (1) year; one (1) for two (2) years; one (1) for three (3); one (1) for four (4) years; and one (1) for five (5) years. Thereafter the members shall be appointed for terms of five (5) years each. Vacancies shall be filled for the unexpired term only. Members shall be removable for cause by the Mayor and the Board of Aldermen upon written charges and after public hearing.

Officers — Rules And Regulations. The Board shall elect its own 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.

Appeals. 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 municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The officer 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. 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.

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

Meetings. Meetings shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman, or in his/her absence the Vice Chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

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 a public record and be immediately filed in the office of the Board.

Actions. The Board of Adjustment shall always act with due consideration to promoting the public health, safety, convenience and welfare, encouraging the most appropriate use of the land and conserving property values, shall permit no building or use detrimental to a neighborhood, and may prescribe appropriate conditions and safeguards in each case.

Variances. Every variance granted or denied by the Board shall be accompanied by written finding of fact based on testimony and evidence and specifying the reason for granting or denying the variance.

All testimony, decisions or determinations shall be public record and recorded by a reporter appointed by the Board.

Variance Fee. A fee of five hundred dollars ($500.00) shall be paid to the City for each application to cover advertising and administrative costs and shall be non-refundable.

For residential permits:

For commercial and industrial permits:

For site approval of any fencing, non-permanent structures, or mobile homes: twenty-five dollars ($25.00).

An additional fifty dollars ($50.00) shall be required for any inspections requested to be conducted outside of regular business hours of 8:00 A.M. to 5:00 P.M.