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Willow Springs City Zoning Code

ARTICLE VIII

Administration, Building Permits, Amendments and Changes, Enforcement

Section 405.270 Interpretation of the Zoning Code.

[R.O. 2006 §400.260; CC 1986 §42.730]
The interpretation and application of the provisions of this Zoning Code shall be held to be the minimum requirements adopted for the promotion of public health, morals, safety and the general welfare. Whenever the requirements of this Zoning Code are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances of the City of Willow Springs, the most restrictive or that rule, regulation or ordinance imposing the higher standards shall govern. Wherever the provisions of any other Statute or local ordinance or regulation require a greater width or size of yards, courts or other open spaces or require a lower height of building or a less number of stories or require a greater percentage of lot to be left unoccupied or impose other higher standards than are required by the regulations made under authority of Sections 89.010 to 89.140, RSMo., the provisions of such Statute or local ordinance or regulation shall govern.

Section 405.280 Building Permits.

[R.O. 2006 §400.240; CC 1986 §42.710]
A. 
Building permits for the administration and enforcement of this Chapter shall be required as follows:
1. 
The Chapter shall be enforced by a qualified Building and Zoning Officer appointed by the Board of Aldermen. No building, land or structure shall be erected, added to or structurally altered until a permit has been issued by the Building and Zoning Officer. Except upon a written order of the Board of Adjustment, no such building permit shall be issued for any buildings where said construction, addition or alteration or use thereof would be in violation of any of the provisions of this Zoning Code.
2. 
There shall be submitted with all applications for building permits two (2) copies of a layout or plot drawn to scale showing actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings to be erected and such other information as may be required by the Board of Aldermen.
3. 
One (1) copy of such layout or plot plan shall be returned when approved by the Building and Zoning Officer together with such permit to the applicant.
4. 
Time Frame. Building permit shall become invalid if work is not commenced within thirty (30) days after issuance of the permit. All work must be completed within six (6) months after commencing work unless a written extension of time is issued by the Building Official.
[Ord. No. 1550, 11-21-2019]

Section 405.290 Certificates of Occupancy.

[R.O. 2006 §400.250; CC 1986 §42.720]
A. 
Certificates of occupancy shall be required as follows:
1. 
After completion of a building or structure for which a building permit has been issued and all requirements of all codes and ordinances of the City of Willow Springs have been met, a certificate of occupancy shall be issued by the Building and Zoning Officer stating that the building or proposed use thereof complies with the provisions of the Zoning Code.
2. 
No non-conforming use shall be maintained, renewed or changed without a certificate of occupancy having first been issued by the Building and Zoning Officer.
3. 
All certificates of occupancy shall be applied for coincident with the application for a building permit. Within ten (10) days after the erection or alteration of a structure has been approved as complying with the provisions of the Zoning Code, a certificate of occupancy shall be issued.
4. 
The Building and Zoning Officer shall maintain a record of all certificates and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected.
5. 
No permit for excavation for, or the erection or alteration to, or repairs to any building shall be issued until an application has been made for a certificate of occupancy.

Section 405.300 Amendments.

[R.O. 2006 §400.300; CC 1986 §42.770]
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 Commission for its recommendations and report. If the Planning Commission makes no report within thirty (30) 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 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 Willow Springs, Missouri.

Section 405.310 Change in Regulations, Restrictions and Boundaries - Procedure.

[R.O. 2006 §400.310]
Such regulations, restrictions and boundaries may from time to time be amended, supplemented, changed, modified or repealed. In case, however, of a protest against such change duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed changed 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 shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the Board of Aldermen. The provisions of Section 89.050, RSMo., relative to public hearing and official notice shall apply equally to all changes or amendments.

Section 405.320 Fee for Recommending Change.

[R.O. 2006 §400.320; CC 1986 §42.790]
The party or parties proposing or recommending a change in the district regulations or district boundaries shall pay a fee of fifty dollars ($50.00) to the City Clerk at the time the application is filed along with the actual cost of publication as determined by the City Clerk prior to the time publication of "Notice of Public Hearing" is ordered by the Board of Aldermen and any other costs incurred by the City in connection therewith. All fees received hereunder shall forthwith be paid over to the credit of the General Revenue Fund of the City of Willow Springs. 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 405.330 Severability.

[R.O. 2006 §400.330; CC 1986 §42.800]
If any Section, Subsection, sentence or clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.

Section 405.340 Violations and Penalties.

[R.O. 2006 §400.340; CC 1986 §42.810; Ord. No. 1475 §1, 10-22-2012]
The owner or agent of a building or premises in or upon which a violation has been committed or shall exist or the lessee or tenant of an entire building or entire premises in or upon which 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 agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which violations shall exist shall be deemed guilty of a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00) and/or jail sentence of ninety (90) days. Any such person having been served with an order to remove any such violation failing to comply with said order within ten (10) days after such notice, or continuing to violate any provision of the regulations in the respect named in such order, shall also be subject to a civil penalty of five hundred dollars ($500.00).