(a)

Except as otherwise specifically provided, primary responsibility for administering and enforcing this chapter may be assigned by the city manager to one (1) or more individuals, in accordance with state law. The person or persons to whom these functions are assigned shall be referred to in this chapter as the "zoning official."

(b)

The zoning official shall have the following duties with respect to this chapter:

(1)

Enforce the provisions of this chapter. The zoning official shall enforce all regulations and conditions governing planned unit developments and conditional use permits, in accordance with plans approved by the city council, planning and zoning commission and the department of public works pursuant to this chapter.

(2)

Determine the actual location of a boundary line between zoning districts, where such line does not coincide with a property line or district boundary line, using the rules for interpretation set out in section 27-9.

(3)

Review applications for permits and authorizations prescribed by this chapter, and schedule applications for further evaluation by the appropriate authority.

(4)

Issue "stop work" or "stop use" orders to cause the cessation of any construction, reconstruction, erection, alteration, conversion, maintenance, or use in violation of this chapter.

(5)

Refer any violation of the zoning ordinance to the city attorney or city counselor for prosecution or other appropriate action when deemed necessary.

(6)

Adopt such administrative policies necessary to the carrying out of his enforcement responsibilities, which policies shall have general applicability to cases of similar character.

(7)

Enter upon any property 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. The zoning official is required to present proper credentials upon demand when entering upon any property for the purposes of this section.

(c)

The police department shall aid in enforcing the zoning ordinance by posting stop work or stop use notices, when requested by the zoning official.

(Ord. No. 2748, § 2, 6-22-92)

(a)

Generally.No building or structure shall be erected, added to or structurally altered, and no use of land shall be commenced until a zoning authorization, conditional use permit, or building permit has been issued.

(b)

Zoning authorization or conditional use permit. The table of permissible uses governs the land uses and developments permitted within each district. Land uses and developments require one (1) of the two (2) types of permits:

(1)

a zoning authorization (Z) issued by the zoning official, and, unless upon written order of the board of adjustment, no such permit shall be issued for any building or structure where such construction, addition, alteration, or use thereof would be in violation of any of the provisions of this chapter; or

(2)

a conditional use permit (C) issued by the city council. (See section 27-300 for conditional use permit procedure).

(c)

Building permit. No building permit shall be issued for any building or structure where such construction, addition, or alteration thereof would be in violation of any of the provisions of this chapter.

(d)

Stop work/stop use order. The cessation of any erection, construction, reconstruction, alteration, conversion, maintenance, or use in violation of this chapter may be effected by posting a "stop work" or "stop use" notice on the premises, or by notice in writing to the owner of the property involved, or to his agents, or to the person doing the work in the case of a stop work order, stating the nature of the violation.

(Ord. No. 2748, § 2, 6-22-92)

(a)

Definitions.

Dimensional nonconformity. A nonconforming situation that occurs when the height, size, or minimum floor space of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located.

Nonconforming lot. A lot existing at the effective date of this chapter that does not meet the minimum area requirements or dimensional requirements of the district in which the lot is located.

Nonconforming situation. A situation that occurs when, on the effective date of this chapter, an existing lot or structure does not conform to one (1) or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a nonconforming situation may arise because a lot does not meet minimum area requirements, because structures exceed maximum height limitations, because the relationship between existing buildings and the land (in such matters as setback requirements) is not in conformity with this chapter.

Nonconforming use. A nonconforming use occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located. A lawful use of a residential structure which is in existence at the time of passage of this chapter shall not be considered a nonconforming use so long as the existing use is not abandoned or discontinued. If the existing use is thereafter abandoned or discontinued as provided under subsections (f) or (g), the structure shall be deemed to be nonconforming for all purposes.

(b)

Continuation of nonconforming situations, nonconforming uses, completion of nonconforming projects, and exceptions to nonconformity.

(1)

Unless otherwise specifically provided in this chapter and subject to the restrictions and qualifications set forth in this section, nonconforming situations and nonconforming uses that were otherwise lawful on the effective date of this chapter may be continued.

(2)

Nothing herein contained shall require any change in plans, construction or designated use of a building, structure, or other project for which a building permit has been issued and the construction of which shall have begun and been diligently pursued within one hundred eighty (180) days of June 22, 1992 so long as the project shall be completed according to the terms of the permit.

(3)

Lots in preliminary or final subdivision plats approved as an overlay district by city council shall be considered legal, conforming lots and are subject to the requirements of the master-planned residential development zoning scheme under which they were originally approved until such time as a new subdivision plat may be approved by city council for the property. This approved, legal status shall cease in the event no development occurs within the approved preliminary plat area within ten (10) years of its approval by the city council.

Without limiting application of this subsection to future amendments of chapter 27, which is intended, this provision specifically applies to preliminary and final plats approved under the provisions of Ordinances 2101, 2748, 3271, and 4107.

(c)

Use of nonconforming lots.

(1)

A nonconforming lot which can be used in conformity with all of the regulations applicable to the intended use, except that the lot is smaller than the required minimum area set forth in the district regulations, may be used for uses permitted in the regulations for the applicable zoning district in which the lot is located, as though the lot contained the minimum area required for use within that district.

(2)

A nonconforming lot which can be used in conformity with all of the regulations applicable to the intended use, except that the lot is smaller than the required minimum dimensions set forth in the district regulations, may be used for uses permitted in the regulations for the applicable zoning district in which the lot is located, as though the lot contained the minimum dimensions required for use within that district.

(3)

When the use proposed for a nonconforming lot is one that is conforming in all other respects but the applicable setback requirements cannot be reasonably complied with, then the permit-issuing authority may allow deviations from the applicable setback requirements if it finds that:

a.

The property cannot reasonably be developed for the use proposed without such deviations; and

b.

These deviations are necessitated by the size or shape of the nonconforming lot; and

c.

The property can be developed as proposed without any significantly adverse impact on surrounding properties or the public health or safety.

(4)

For purposes of subsection (3)b. above, compliance with applicable building setback requirements is not reasonably possible if a building that serves the minimal needs of the use proposed for the nonconforming lot cannot practicably be constructed and located on the lot in conformity with such setback requirements. However, mere financial hardship does not constitute grounds for finding that compliance is not reasonably possible.

(d)

Extension or enlargement of nonconforming situations and nonconforming uses.

(1)

Except as specifically provided for in this subsection, no person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation or nonconforming use. In particular, physical alteration of structures or the placement of new structures on open land in all uses, is unlawful if such activity results in:

a.

An increase in the total amount of space devoted to a nonconforming use or nonconforming situation; or

b.

Greater nonconformity with respect to dimensional restrictions (i.e., setback requirements, height limitations or off-street parking).

(2)

A nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this chapter, was manifestly designed or arranged to accommodate such use. However, a nonconforming use may not be extended to additional buildings or to land outside the original building.

(3)

A nonconforming use of open land shall not be extended to cover more land than was occupied by that use when it became nonconforming.

(4)

The intensity or frequency of use of property where a nonconforming situation or nonconforming use exists may be increased and the equipment or processes used at a location where a nonconforming situation exists may be changed if these or similar changes amount only to changes in the degree of activity rather than changes in the kinds of activities involved and no violations of other paragraphs of this section occur.

(e)

Repair, maintenance and reconstruction.

(1)

No building which has been damaged by any means, including, but not limited to, neglect, deliberate demolition, fire, explosion, windstorm or other casualty or act of God, to the extent that the cost of repairs equals or exceeds seventy-five (75) percent of the fair market value of the building immediately prior to the damage, shall be restored except in conformity with the regulations of this chapter, and all rights to continue the nonconforming situation or nonconforming use are terminated.

(2)

If a building sustains such damage to the extent that the cost of repairs is less than seventy-five (75) percent of the fair market value of the building immediately prior to the damage, it may be repaired or reconstructed and used as before the time of damage, provided that such repairs or reconstruction are substantially completed within twelve (12) months of the date of such damage.

(3)

For purposes of this section, "cost of repairs" means the total estimated cost of all labor and materials required to restore the structure to its condition immediately prior to the damage or neglect.

(4)

Routine and incidental repairs and maintenance, or replacement, installation or relocation of nonbearing walls, fixtures, electrical wiring or plumbing, may be made to any nonconforming situation or nonconforming use.

(f)

Change in use of property where a nonconforming situation exists.

(1)

A change in use shall be permitted only if the intended change is to a principal use that is permissible in the district where the property is located.

(2)

A change in use of property, where a nonconforming situation or nonconforming use exists, that is sufficiently substantial to require a new zoning authorization or conditional use permit may not be made except in accordance with subsections (c) through (e).

(3)

If all requirements of this chapter applicable to the proposed use can be complied with, permission to make the change must be obtained in the same manner as permission to make initial use of a vacant lot.

(4)

If all of the requirements of this chapter applicable to the proposed use cannot be reasonably complied with, then the change is permissible if the permit-issuing authority for that particular use issues a permit authorizing the change. This permit may be issued if the permit-issuing authority finds that:

a.

The intended change will not result in a violation of subsection (c) of this section; and

b.

All of the applicable requirements of this chapter that can be reasonably complied with, will be complied with. Mere financial hardship caused by the cost of meeting the requirements does not constitute grounds for finding that compliance is not reasonably possible. In no event may an applicant be given permission to construct a building or add to an existing building if additional nonconformities would be created.

(5)

Once conformity with this chapter is achieved, the property shall not revert to its nonconforming status.

(g)

Abandonment and discontinuance of nonconforming situations.

(1)

When a nonconforming use is discontinued for a continuous period of twelve (12) months, whether or not any existing personal property or fixtures are removed, the property thereafter shall be used only for uses permitted in the zoning district in which the property is located.

(2)

If the principal activity on property where a nonconforming situation (other than a nonconforming use) is discontinued for a continuous period of twelve (12) months the property may thereafter be used only in conformity with a new zoning authorization or conditional use permit. The conditional use permit may allow the property to be used for a conforming purpose, without correcting the nonconforming situations, and may only be issued if the permit-issuing authority finds that eliminating a particular nonconformity is not reasonably possible. The permit shall specify which nonconformities need not be corrected in order for the use to occur. The permit-issuing authority shall find that the proposed use will not be in violation of subsection (d) of this section before the permit is issued.

(3)

For purposes of determining whether a right to continue a nonconforming situation or nonconforming use is lost pursuant to this section, all of the buildings, activities and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one (1) apartment in a nonconforming apartment building for twelve (12) months shall not result in a loss of the right to rent that apartment or space thereafter so long as the apartment building as a whole is continuously maintained. But if a nonconforming use is maintained in conjunction with a conforming use, discontinuance of a nonconforming use for the required period shall terminate the right to maintain it thereafter.

(4)

When a structure or operation made nonconforming by this chapter is vacant or discontinued at the effective date of this chapter, the twelve-month period for purposes of this section begins to run on the effective date of this chapter.

(h)

Existence of a nonconforming use. Whether a nonconforming use exists shall be a question of fact and shall be decided by the board of adjustment after public notice and hearing and in accordance with the rules of the board.

(Ord. No. 2748, § 2, 6-22-92; Ord. No. 4164, § 1, 8-26-06; Ord. No. 5198, § 1, 2, 1-11-16; Ord. No. 5748, § 1, 9-12-22)

(a)

Amendments in general. The city council may from time to time amend, supplement, or change the district boundaries or regulations contained in this chapter. Proposals for amendments to the text of this chapter or to the official zoning map, including zoning district boundaries, classification of property, or conditional use permits may be made in accordance with the provisions of this section.

(b)

Initiation of amendments.

(1)

Whenever a request to amend this chapter is initiated by the city council, the planning commission, the board of adjustment, or the city administration, the city counselor in consultation with the zoning official shall draft an appropriate ordinance and first present that ordinance to the planning commission for review and recommendation.

(2)

Any other person may also petition the City of Warrensburg to amend this chapter. The application shall be filed with the zoning official. The application shall be upon forms prescribed for that purpose, and shall be filed at least thirty (30) calendar days before the commission meeting at which consideration is desired. The petition shall be accompanied by the following:

a.

Filing fee as set by resolution of the city council.

b.

The name, address, and phone number of the applicant; the names, addresses, phone numbers, and signatures of all owners, their attorney and their designated representative (if any). Designated representatives shall present proper power of attorney signed by all owners and notarized showing authorization to act on their behalf.

c.

The correct legal description of the real estate to be rezoned, if a change in zoning district classification is proposed, and the appropriate official street number and name for such property.

d.

The present zoning of any property proposed to be rezoned.

e.

A description of the proposed zoning of the property, or a summary of the specific objective of any proposed change, which shall be accompanied by a sketch development plan showing, but not limited to, the following:

(i)

The approximate location and designated general uses of buildings and other structures as well as parking and open areas.

(ii)

The access to the site including adjacent streets.

(iii)

Preliminary plan for provisions of utilities.

(iv)

The landscaping and screening.

f.

Applications for a change in the text of this chapter shall be accompanied by a copy of the text indicating the section, and the wording proposed to be amended, added, or deleted.

g.

Applications for a change of zoning district shall be accompanied by a map showing the property proposed to be rezoned. The map shall be drawn to scale and shall show the dimensions of the property proposed for change, and shall locate and list the names and addresses of property owners for a distance of three hundred (300) feet from all sides of the property determined by lines drawn parallel to and three hundred (300) feet distant from the property lines of the property in question.

(c)

Application acceptance; notice to adjacent property owners. Upon receipt of an application as provided in subsection (b), the zoning official shall:

(1)

Immediately note the date of filing and make a permanent record of the application and exhibits.

(2)

Check the application for completeness and accuracy.

(3)

Within fifteen (15) calendar days of receipt of the application, mail written notification to the applicant, and all owners of the property; and their attorney and/or designated representative, either that the application is certified as meeting all pertinent requirements and will be scheduled for review by the planning commission by a specified date, or specifically in what manner the application does not comply with minimum submission requirements.

a.

If the zoning official determines that the application does not comply with minimum application requirements, the parties so notified shall be required to submit additional information or otherwise correct any noted deficiencies within fifteen (15) calendar days from receipt of the zoning official's letter. If the deficiencies are not corrected within the fifteen-day period, the application shall be deemed abandoned.

b.

If the application is accepted as meeting all pertinent requirements as set out in subsection (2), the zoning official shall place the matter on the agenda of the commission.

(4)

Upon accepting the application to amend the zoning ordinance, the zoning official shall:

a.

In the case of a proposed change of zoning district, planned unit development or conditional use permit, give written notice to the adjacent property owners for a distance of three hundred (300) feet from all sides of the property as determined by lines drawn parallel to and three hundred (300) feet distant from the property lines of the property in question, as named in the application, of the proposed amendment and of the date of the planning commission meeting at which the amendment will be considered. The notices shall be mailed at least fifteen-calendar days before the date of the meeting.

b.

Place the matter on the agenda of the planning commission. In order for the matter to be considered at the next commission meeting, the notice requirements of this section must be satisfied.

(d)

Commission consideration of proposed amendment.

(1)

The commission shall review and consider all applications for amending this chapter in an open public meeting. At these meetings both those in favor and those opposed to the proposed amendment shall be given an opportunity to be heard.

(2)

If the commission makes no report to the city council within sixty (60) days following the meeting at which the complete application for the zoning amendment was reviewed by the commission, it shall be considered to have approved the amendment.

(3)

The commission shall make written findings of fact, and shall submit its findings together with its recommendations to the city council. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:

a.

The relation of the proposed amendment to the goals and objectives of the city's comprehensive plan.

b.

The effect of the proposed amendment upon the existing uses of land within the general area of the subject property.

c.

The impact the change would have on the character of the neighborhood, and the suitability of the property to the uses permitted under the existing, and proposed, zoning classifications.

d.

The trend of development in the general area of the affected property, including any other changes which have taken place in its zoning classification.

(4)

The planning commission may recommend to the city council that a application for a change of zoning district classification be approved or denied for all, or part of, the property described in the application.

(5)

The planning commission may recommend to the city council a zoning district classification other than requested in the application, provided the recommendation is for a district classification of the same use type as requested by the petitioner.

(e)

Public hearing and city council consideration.

(1)

The city council shall not conduct a public hearing with regard to, nor act upon a proposed amendment to this chapter until it shall have received written findings of fact and a recommendation from the planning commission on the proposed amendment.

(2)

After the findings of fact and recommendations of the commission have been filed with the city council, the city council shall hold a public hearing on the matter. The city council may not adopt any ordinance that amends any of the provisions of this chapter, nor grant a conditional use permit until a public hearing has been held on such ordinance.

(3)

Public notice. The zoning official shall cause public notice of the hearing to be published at least once in a newspaper of general circulation in the City of Warrensburg. Publication shall commence not less than fifteen (15) days before the hearing date. The notice shall include the date, time and place of the hearing, and state that a copy of the full text of any proposed amendment to this chapter may be obtained from the city clerk. In addition, the notice shall also provide the following information:

a.

For specific rezoning requests and conditional use permits,

(i)

The notice shall contain the approximate location or street address, the name of the petitioner; the present zoning district classification and the zoning district sought; and, if possible, a map showing location of the area proposed to be rezoned.

(ii)

A sign or signs shall be placed on each parcel of land on which an application for a zoning district change is being considered at the hearing before the city council. Said sign(s) shall be placed on affected parcels of land at least fifteen (15) days prior to the public hearing to be held by the city council. The sign(s) shall be posted at a point(s) nearest to the right-of-way of any street or roadway abutting such land, and so as to be clearly visible to the traveled portion of such street or roadway. The zoning official shall determine the number of additional signs to be placed that may be necessary to carry out the intent of this chapter. The sign(s) shall bear there on the following: "PUBLIC HEARING" and "APPLICATION FOR ZONING CHANGE AND/OR CONDITIONAL USE PERMIT FILED WITH THE CITY OF WARRENSBURG CITY COUNCIL. PUBLIC HEARING WILL BE HELD ON (insert date and time) AT (insert location description and address), WARRENSBURG, MISSOURI." The zoning official may provide for such additional information to be placed on any such sign which would serve to fully inform the public as to the nature of such a zoning change or conditional use permit pending before the city council.

b.

For amendments that are of a general nature, such as amendments to the text of the ordinance, public notice shall not require posting of any signs or written notice to adjacent property owners for a distance of three hundred (300) feet.

(4)

The city council may hold a public hearing on an application for change of zoning and an application for a conditional use permit at the same public hearing and for the same parcel of land.

(5)

At the conclusion of the public hearing, the city council may proceed to vote on the proposed ordinance, refer it to a committee for further study, or take any other action consistent with its usual rules of procedure. If the city council does not take final action on a proposed amendment within one hundred twenty (120) days after the public hearing, the proposed amendment shall be deemed denied.

(6)

If the report by the planning and zoning commission recommends the proposed amendment be denied, or otherwise submits a negative recommendation, the amendment shall become effective only by the favorable vote of four-fifths of all members of the city council.

(7)

If a protest against the proposed amendment is presented in accordance with the provisions of subsection (h) (Protests to zoning district changes), the amendment shall become effective only by the favorable vote of four-fifths of all members of the city council.

(f)

Ultimate issue before city council on amendments. In deciding whether to adopt a proposed amendment to this chapter, the central issue before the city council is whether the proposed amendment promotes the health, safety, morals or the general welfare of the community. Other issues may be irrelevant, and all information related to other issues at the public hearing may be declared irrelevant by the mayor and excluded.

(1)

In particular, when considering amendments to the zoning map:

a.

The city council shall not consider any representations made by the petitioner that if the change is granted, the rezoned property will be used for only one of the possible range of uses permitted in the requested classification. Rather, the city council shall consider whether the entire range of permitted uses in the requested classification is more appropriate than the range of uses in the existing classification.

b.

The city council shall not regard as controlling any advantages or disadvantages to the individual requesting the change, but shall consider the impact of the proposed change on the public.

(2)

When considering a conditional use permit application, the city council shall consider the criteria outlined in section 27-300(c)(2) (a—g) for consideration by the planning and zoning commission.

(g)

Penalty for removal or defacing of signs. It is unlawful for any person to tamper with any sign required for public notice.

(h)

Protests to zoning district changes and conditional use permits.

(1)

If a petition opposing a change in the zoning classification or an application for a conditional use permit is filed in accordance with the provisions of this section, then the proposed amendment or conditional use permit may be adopted only by a favorable vote of four-fifths of all members of the city council.

(2)

To trigger the four-fifths vote requirement, the petition must:

a.

Be signed by the owners of thirty (30) percent or more of the areas of land (exclusive of streets and alleys):

(i)

Included in the proposed zoning change, or

(ii)

Within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distance from the boundaries of the district or property proposed to be changed.

b.

Contain the following information for each property owner signing the petition:

(i)

Printed name.

(ii)

Property owner's mailing address.

(iii)

Address of property owned within the proposed zoning change, or within the area affected by the zoning change.

c.

Be received by the city clerk, during normal business hours, no later than ten (10) calendar days after the public hearing before the city council.

(Ord. No. 2748, § 2, 6-22-92; Ord. No. 3050, § 1, 6-26-95; Ord. No. 3792, § 2, 6-9-03; Ord. No. 3958, §§ 1—6, 11-8-04; Ord. No. 4558, § 1, 6-14-10; Ord. No. 4631, § 1, 2-14-11)

Zoning of territory, which may hereafter be annexed to the City of Warrensburg, shall be initiated within forty-five (45) days after the election or court order approving the annexation.

(Ord. No. 2748, § 2, 6-22-92)

(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 this chapter, the City of Warrensburg 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. The zoning official shall order in writing the remedying of any condition found to exist in violation of this chapter.

(b)

Any 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 offense punishable by a fine of not less than ten dollars ($10.00) and not more than two hundred fifty dollars ($250.00) or by ten (10) days imprisonment, or a combination of both, for each and every day that such violation continues. For any second and subsequent offense involving the same violation at the same building or premises, punishment shall be not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or ten days imprisonment, or combination of both for each and every day such violation shall continue.

(c)

Any person who continues to violate these provisions, or fails to remove a violation within ten (10) days of being served with an order to comply with this chapter, shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).

(Ord. No. 2748, § 2, 6-22-92; Ord. No. 4407, § 1, 9-15-08)

In accordance with RSMo Chapter 89, there is hereby created and established in the city a planning and zoning commission, consisting of nine (9) members, who shall be qualified by knowledge or experience to act in matters pertaining to the development and continuing administration of a comprehensive plan, and to planning and zoning in general.

(Ord. No. 2748, § 2, 6-22-92)

The membership of the planning and zoning commission shall be as follows: The mayor, one (1) councilman and seven (7) citizens. The mayor shall serve by virtue of his/her office and for as long as he/she holds the office. At the mayor's option, a council member may serve in the mayor's place. Council members shall be appointed by the mayor and approved by the city council annually. The seven (7) citizen members shall serve for a period of four (4) years from the date of their appointment, in staggered fashion, and all terms shall expire on April 30 of the year in which the terms expire, or until a new member is appointed, whichever is later. All seven (7) of the citizen members shall be appointed by the mayor and approved by the council, and any vacancy in a membership shall be filled for the unexpired term by appointment as aforesaid.

(Ord. No. 2748, § 2, 6-22-92; Ord. No. 3467, § 1, 8-23-99)

The planning and zoning commission shall choose from among the citizen members annually at its first regular meeting held in May one (1) of its members to act as chairman of the commission and another member to act as vice chairman. The meetings of the commission shall be held in the council chambers of the municipal building of the city. The commission shall fix a time for holding regular meetings and special meetings may be called at any time by the chairman or by two (2) members of the commission upon written request to the secretary of the commission.

(Ord. No. 2748, § 2, 6-22-92)

The planning and zoning commission shall exercise all of the powers and perform all of the functions delegated to it by the laws of the state, and shall exercise the same in conformity with the requirements of state law.

(Ord. No. 2748, § 2, 6-22-92)

At the time that the municipal budget is submitted to the city council for adoption, the planning and zoning commission shall submit a budget request through the city manager, showing its estimated operation expenses for the coming year. The city manager shall not change the amount of the commission's request, but may recommend to the council any changes which he considers desirable. Upon the approval of the budget by the city council, the necessary funds shall be appropriated for the payment of such expenses.

(Ord. No. 2748, § 2, 6-22-92)

(a)

A board of adjustment is hereby created and members shall be appointed by the city council according to law. Such board shall consist of five (5) members who shall be residents of the City of Warrensburg. Members shall be appointed for five-year terms. Three (3) alternate members may be appointed to serve in the absence of or disqualification of the regular members. Vacancies shall be filled for the unexpired term only.

(b)

All members and alternates shall be removable for cause by the city council upon written charges and after a public hearing.

(Ord. No. 2748, § 2, 6-22-92; Ord. No. 3156, § 1, 7-8-96)

(a)

Application for an appeal to the board of adjustment shall be filed in the office of the zoning official. The application shall be filed on forms prescribed for that purpose by the zoning official and be accompanied by the following:

(1)

Filing fee as set by resolution of the city council.

(2)

The name, address, and phone number of the applicant; the names, addresses, phone numbers, and signatures of all owners, their attorney and their designated representative (if any). Designated representatives shall present proper power of attorney signed by all owners and notarized showing authorization to act on their behalf.

(3)

The correct legal description of the real estate for which the variance is sought, and the appropriate official street number and name for such property.

(4)

The present zoning of the property for which the variance is sought.

(5)

The specific section of Chapter 27 of the Code of City Ordinances from which the variance or interpretation is sought.

(6)

A summary of the specific objective of the variance or interpretation being sought.

(7)

A sketch development plan showing, but not limited to, the following:

a.

Date of issue, north arrow, and scale to which the plan is drawn.

b.

Property lines, lot dimensions, and setback dimensions.

c.

Dimensions of existing and proposed buildings and distances to other buildings, improvements, property lines, setback lines, driveways.

d.

Proposed ingress and egress to the site.

e.

Location of the public rights-of-way adjacent to the property.

f.

Location of all public and utility easements on the property, existing and proposed.

g.

Note on plans, boundaries of one-hundred-year regulatory floodplain and floodway if any.

h.

Identify site utilities.

i.

Layout, design, and dimensions of the parking areas, including spaces for the disabled, required landscaping screening, loading areas and pavement construction details.

(8)

In a situation where a variance is being sought to bring into compliance improvements that have already been constructed on a property, a survey scaled by a licensed land surveyor registered in the state is required to be submitted. In this scenario, a separate sketch development plan, subsection (7) above, is not required;

(9)

Names and addresses of adjacent property owners for a distance of three hundred (300) feet from all sides of the property determined by lines drawn parallel to and three hundred (300) feet distant from the property lines of the property in question.

(b)

Upon receipt of an application as provided in subsection (b), the zoning official shall:

(1)

Immediately note the date of filing and make a permanent record of the application and exhibits.

(2)

Check the application for completeness and accuracy.

(3)

Within fifteen (15) calendar days of receipt of the application, mail written notification to the applicant, and all owners of the property; and their attorney and/or designated representative, either that the application is certified as meeting all pertinent requirements and will be scheduled for review by the Board of Adjustment by a specified date, or specifically in what manner the application does not comply with minimum submission requirements.

a.

If the zoning official determines that the application does not comply with minimum application requirements, the parties so notified shall be required to submit additional information or otherwise correct any noted deficiencies within fifteen (15) calendar days from receipt of the zoning official's letter. If the deficiencies are not corrected within the fifteen-day period, the application shall be deemed abandoned.

b.

If the application is accepted as meeting all pertinent requirements as set out in subsection (a), the zoning official shall place the matter on the agenda of the board of adjustment.

(c)

Upon accepting the application and not less than fifteen (15) days before the hearing date, the zoning official shall:

(1)

For variance applications:

a.

Cause public notice of the hearing to be published at least once in a newspaper of general circulation in the city. The notice shall include the date, time and place of the hearing, and give a brief description of the action requested or proposed.

b.

Give written notice to the applicant or their agents.

c.

Give written notice to the adjacent property owners for a distance of three hundred (300) feet from all sides of the property as determined by lines drawn parallel to and three hundred (300) feet distant from the property lines of the property in question, as named in the application, of the variance being sought and of the date of the board or adjustment meeting at which the request will be considered. The notices shall be mailed at least fifteen (15) calendar days before the date of the meeting.

d.

Pose a sign or signs on the affected parcels of land at least fifteen (15) days prior to the public hearing to be held by the board of adjustment. The sign(s) shall be posted at a point(s) nearest to the right-of-way of any street or roadway abutting such land, so as to be clearly visible to the traveled portion of such street or roadway. The zoning official shall determine the number of additional signs to be placed that may be necessary to carry out the intent of this chapter. The sign(s) shall bear thereon the following: "PUBLIC HEARING" and "APPLICATION FOR DETERMINATION FILED WITH THE CITY OF WARRENSBURG BOARD OF ZONING ADJUSTMENT. PUBLIC HEARING WILL BE HELD ON (insert date and time) AT (insert location description and address), WARRENSBURG, MISSOURI." The zoning official may provide for such additional information to be placed on any such sign which would serve to fully inform the public as to the nature of such a determination by the board of adjustment.

(2)

For interpretation applications:

a.

Cause public notice of the hearing to be published at least once in a newspaper of general circulation in the city. The notice shall include the date, time and place of the hearing, and give a brief description of the action request or proposed.

b.

Give written notice to the applicant or their agents.

(Ord. No. 3959, § 1, 11-8-04; Ord. No. 4558, § 2, 6-14-10; Ord. No. 4631, § 2, 2-14-11)

Editor's note— Ord. No. 3959, § 1, adopted Nov. 8, 2004, repealed former § 27-57, and enacted a new § 27-57 as set out herein. The former § 27-57 pertained to service outside city limits, and derived from Code 1970, § 27-34(l); Ord. No. 2720, § 4, adopted Feb. 10, 1992; Ord. No. 2770, § 1, adopted Aug. 10, 1992.

(a)

The board of adjustment shall meet at the call of the chairman and at such other times as the board may determine.

(b)

All meetings of the board of adjustment shall be open to the public.

(c)

Minutes, including all testimony, objections thereto and rulings thereon, shall be taken down by a reporter employed by the board for that purpose. The minutes shall show the vote of each member upon question, or if absent or failing to vote, indicating such fact.

(d)

The board shall keep records of its proceedings and official actions, in the office of the zoning administrator. Proceedings of the board of adjustment shall be a public record.

(Ord. No. 2748, § 2, 6-22-92)

Any decision made by the board of adjustment shall be reduced to writing and served upon the applicant or appellant.

(Ord. No. 2748, § 2, 6-22-92)

(a)

The board of adjustment shall, by majority vote, elect one (1) of its members to serve as chairman and preside over the board's meetings and one (1) member to serve as vice chairman. The persons so designated shall serve in these capacities for terms of one (1) year.

(b)

The chairman or any member temporarily acting as chairman may administer oaths and compel the attendance of witnesses.

(c)

The chairman and vice chairman may take part in all deliberations and vote on all issues.

(Ord. No. 2748, § 2, 6-22-92)

(a)

The board of adjustment shall have all of the powers and duties prescribed by law of the state and by this chapter, which are more particularly specified as follows:

(1)

Interpretation. Upon appeal from a decision by an administrative official, to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary, if application of the rules for interpretation provided in this chapter, do not provide a solution to such uncertainty.

(2)

Variances. To vary or adapt the strict application of any of the requirements of this chapter, in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional physical conditions, whereby such strict application would deprive the owner of the reasonable use of the land or building involved, but in no other case. In granting any variance, the board of adjustment shall prescribe any conditions that it deems necessary or desirable. However, no variance in the strict application of any provision of this chapter shall be granted by the board of adjustment unless it finds:

a.

That there are special circumstances or conditions, fully described in the findings, applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to land or buildings in the neighborhood, and that such circumstances or conditions are such that the application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building;

b.

That, for reasons fully set forth in the findings, the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the board of adjustment is the minimum variance that will accomplish this purpose;

c.

That the granting of the variance will be in harmony with the general purpose and intent of this chapter, will not be injurious to the neighborhood or otherwise detrimental to the public welfare. In addition to consideration of the character and use of adjoining buildings and those in the vicinity, the board of adjustment in determining its findings, shall take into account the number of persons residing or working in such buildings or upon such land and traffic conditions in the vicinity.

(b)

The board of adjustment may adopt rules governing its procedures and operations not inconsistent with the provisions of this chapter.

(Ord. No. 2748, § 2, 6-22-92)

(a)

The board of adjustment shall act in strict accordance with the procedure specified by law and by this chapter. All appeals and applications made to the board of adjustment shall be in writing on forms prescribed by the board of adjustment. Every appeal or application shall refer to the specific provisions of the ordinance involved, and shall exactly set forth the interpretation that is claimed, or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.

(b)

Every decision of the board of adjustment shall be by resolution, each of which shall contain a full record of the findings of the board of adjustment in the particular case.

(c)

Each such resolution shall be filed in the office of the zoning official by case number under one (1) or the other of the following headings: Interpretations; variances; together with all documents pertaining thereto.

(d)

The board of adjustment shall notify the city council and the planning and zoning commission of each interpretation and each variance granted under the provisions of this chapter.

(Ord. No. 2748, § 2, 6-22-92)

(a)

The powers of the board of adjustment shall be limited to those conferred by this chapter and by the laws of the state.

(b)

The board of adjustment shall have no jurisdiction or authority to hear or decide on or recommend in response to applications or petitions, or its own motion, to amend, alter, change or repeal the whole or any part of the comprehensive plan or any ordinance of the city.

(Ord. No. 2748, § 2, 6-22-92)